Provedba morala putem zakona
Implementation of Morality by Law

Summary/Abstract: The debate on this topic began in the 1950s in the texts by Patrick Devlin. Devlin argued that for the sake of its stability the community has the right to impose moral standards by means of law in relation to those actions that breed intolerance, anger and disgust. Devlin’s arguments are challenged on several grounds. First, Hart’s argument is accepted, that there is no direct connection between such moral attitudes and the stability of a community. Second, Devlin’s foundations of morality are rejected. And finally, an alternative model of the stability of community is taken over from Rawls’ social contract theory.

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