Article: What is the government's role in promoting morals? ... Seriously?(Symposium: Law and Morality)

In thinking about the government's proper role in promoting morals, it is helpful first to understand the nature of the disagreement. Part I of this Essay examines what is commonly meant by--as the great Lon Fuller described it--the "morality of law." (1) Following Professor Fuller's framework, this Essay distinguishes between two very different moralities of law: the "morality of duty" and the "morality of aspiration." (2) The morality of duty consists of the basic proscriptions--against murder or theft, for example--required by any governmental authority. (3) The morality of aspiration, however, is a different matter altogether. It comprises the rules associated with ...

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