Delvin

Question 1

Judging Moral Matters

Answer 1

• Collective judgment justified only if society is affected
• Society (by definition) a community of ideas: United by shared moral + political structure
• Social morality part of the “social fabric” - remove and society will disintegrate”
• Common agreement on morality necessary to prevent instability (and civil strife)
• Society has a right to pass judgement on moral matters for the sake of social stability

Question 2

Coercing Moral Matters

Answer 2

• If a society has a right to pass moral judgements to preserve society then a society may use coercion (e.g., criminal law) to preserve moral/safeguard society
• Societies disintegrate from external and/or internal pressure and dangers
• Conclusion: Necessary to legislate (e.g., criminalize) immoral behaviour to preserve PEACE AND SOCIAL STABILITY

Question 3

What is the content of Moral Laws

Answer 3

Judgement of the “reasonable man” unanimous judgemnt of a twelve person jury
- Morals judgement largely a matter of “feeling” - not product of rational reflection

Question 4

Individual rights and freedoms

Answer 4

• Unreasonable to expect individuals to surrender private judgement on whole conduct of life but society must balance private interests, with public interest - may be (or often are) conflicting interests

Question 5

Tolerate individual freedom

Answer 5

• IFF consistent with integrity of society

Question 6

Criminal Law and Sinful/Immoral

Answer 6

• Possible source of instability - extreme negative feelings of abhorrence/hatred to some (“sinful”) acts
• Presence of disgust indicates limits of toleration
• Boundary between criminal offence, and immoral (but not criminal) offence - case by case