Philosophy Bites – Scott Hershovitz on Law and Morality

Intro

In this episode of Philosophy Bites, Scott Hershovitz explores the complex relationship between law and morality. While traditionally seen as separate domains, Hershovitz argues that they are interconnected and explores how legal practices create genuine rights and responsibilities, as well as rearrange our moral relationships.

Main Takeaways

Law and Morality: Interconnected Domains

• Law and morality are traditionally seen as separate domains, but Scott Hershovitz argues that they are actually interconnected.
• Legal practices are a kind of moral practice, creating genuine rights and responsibilities and rearranging our moral relationships.
• Legal activities generate new rights and responsibilities, but they can also generate moral ones.
• Legal rights are a subset of moral rights that can be enforced through legal institutions.
• Moral rights and responsibilities can exist independently of legal ones.

The Relationship Between Law and Morality

• The traditional view is that legal activities create a new kind of normative system, but Hershovitz invites people to think about the relationship between law and morality.
• Philosophers have the task of figuring out how the legal normative system gets its content and the relationship between legal activities and the rules generated.
• Morality comes from personal choices and societal norms, while the law is imposed from outside.
• The relationship between law and morality is complex and multifaceted.
• Our moral views are shaped by our culture, family, and community.

Moral Perspectives and Disagreements

• Moral relativism is not necessarily true, as obligations can be based on reasons beyond personal acceptance.
• The circumstances of how we live shape our moral rights and responsibilities.
• Law and morality are often distinguished due to the historical immorality of legal practices.
• Legal practices can be morally criticized, but those who participate in them may be morally confused or deluded.
• Different perspectives on morality due to diverse family backgrounds and education.

Legal Practices and Social Change

• Legal practices aim to bring about moral relationships with one another, but disagreements arise due to differing perspectives and contestations of morality.
• Democratic legal systems exploit moral agreement to move past moral disagreement.
• Public communication through civil disobedience, protest, and dissent express views about the relationship between morality and law.
• Legal practices should have the capability of changing our relationships and giving us rights and responsibilities that we didn’t have before.
• Opportunities to dissent and protest are a vital part of what legal practices and good working order look like.

Summary

Law and Morality: Interconnected Domains

Scott Hershovitz challenges the traditional view of law and morality as separate domains. He argues that legal practices are a kind of moral practice, creating genuine rights and responsibilities and rearranging our moral relationships. While legal activities generate new rights and responsibilities, they can also generate moral ones. This means that legal rights are a subset of moral rights that can be enforced through legal institutions, but moral rights and responsibilities can exist independently of legal ones.

The Relationship Between Law and Morality

Hershovitz invites listeners to think about the complex relationship between law and morality. While the traditional view is that legal activities create a new normative system, philosophers have the task of figuring out how the legal normative system gets its content and the relationship between legal activities and the rules generated. Morality comes from personal choices and societal norms, while the law is imposed from outside. This intricate relationship between law and morality is shaped by our culture, family, and community.

Moral Perspectives and Disagreements

While moral relativism is not necessarily true, obligations can be based on reasons beyond personal acceptance. The circumstances of how we live shape our moral rights and responsibilities. Law and morality are often distinguished due to the historical immorality of legal practices. It is important to note that legal practices can be morally criticized, but those who participate in them may be morally confused or deluded. Additionally, different perspectives on morality can arise from diverse family backgrounds and education.

Legal Practices and Social Change

Legal practices aim to bring about moral relationships with one another, but disagreements arise due to differing perspectives and contestations of morality. Democratic legal systems exploit moral agreement to move past moral disagreement. Public communication through civil disobedience, protest, and dissent expresses views about the relationship between morality and law. Legal practices should have the capability of changing our relationships and giving us rights and responsibilities that we didn’t have before. Opportunities to dissent and protest are a vital part of what legal practices and good working order look like.

Conclusion

Scott Hershovitz’s exploration of the relationship between law and morality challenges the traditional view and highlights their interconnectedness. Legal practices are not only a kind of moral practice but also generate new rights and responsibilities. Understanding the complex relationship between law and morality helps us navigate disagreements and shape our moral views. It is crucial to recognize the role of legal practices in social change and how dissent and protest contribute to a functioning legal system.