Philosophy Bites cover image

Philosophy Bites

Scott Hershovitz on Law and Morality

Aug 16, 2023
Exploring the relationship between law and morality, analyzing apartheid laws as an example, the complex relationship between law and morality, and the role of public communication in changing moral relationships and generating moral claims.
26:34

Podcast summary created with Snipd AI

Quick takeaways

  • Legal practices are a form of moral practice, creating and rearranging our moral relationships.
  • Disagreements about the law often stem from deeper moral disagreements, highlighting the importance of public conversation and civil disobedience.

Deep dives

Law and morality are interconnected

The podcast episode explores the relationship between law and morality, challenging the traditional view that they are entirely separate. The speaker argues that our legal practices are actually a form of moral practice, aiming to create and rearrange our moral relationships. He compares legal practices to the act of promising, where fulfilling a promise changes our moral responsibilities. While there are moral issues that are not policed by law, the speaker suggests that legal rights are a subset of moral rights, and our legal practices aim to generate genuine moral rights and responsibilities.

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