Scott Hershovitz on Law and Morality

斯科特·赫肖维茨谈法律与道德

Philosophy Bites

社会与文化

2023-08-16

26 分钟
PDF

单集简介 ...

What is the relationship between law and morality? How do they differ? Scott Hershovitz discusses these questions with Nigel Warburton in this episode of the Philosophy Bites podcast. 

单集文稿 ...

  • This is philosophy bites with me, Nigel.

  • Warburton, and me, David Edmonds.

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  • We can have just laws and unjust laws.

  • So are law and morality entirely separate domains?

  • If not, what's the link between them?

  • Scott Hershewitz is professor of both law and philosophy at the University of Michigan.

  • Scott Hershewitz, welcome to philosophy Bites.

  • Thanks.

  • It's great to be here.

  • The topic we're going to focus on is law and morality.

  • Now, obviously they're not the same thing, but what's the difference?

  • So there's a long tradition of thinking, just what you said, of thinking that law is one thing and morality is another.

  • And ultimately what I want to do is push back on that picture.

  • I want to try and persuade people that our legal practices are actually part of our moral lives and are intended to change our moral relationships.

  • So I think of our legal practices as a kind of moral practice in the same way that promising is a kind of moral practice.

  • When I promise you say that, I'll come by here at two in the afternoon to record a podcast changing our moral relationship, giving you a right that you didn't have before creating a responsibility for me.

  • And I think our legal practices, legislation, adjudication, regulation are aiming to do something similar.