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A FEARFUL ASYMMETRY
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Abstract
Is John Locke a legal moralist? In his Letter concerning Toleration, Locke argues that, while the state should not punish people for their private religious beliefs, it is still permissible, indeed desirable, for magistrates to enforce prohibitions against people’s private sexual behavior. This suggests that he countenances moralist legislation. However, I argue that, in spite of his position on sexual liberty, Locke in fact holds a distinctive liberal conception of state power and of its scope in regulating people’s private behavior. I offer an interpretation of his views on sexual liberty that shows them to be compatible with this conception.
Title: A FEARFUL ASYMMETRY
Description:
Abstract
Is John Locke a legal moralist? In his Letter concerning Toleration, Locke argues that, while the state should not punish people for their private religious beliefs, it is still permissible, indeed desirable, for magistrates to enforce prohibitions against people’s private sexual behavior.
This suggests that he countenances moralist legislation.
However, I argue that, in spite of his position on sexual liberty, Locke in fact holds a distinctive liberal conception of state power and of its scope in regulating people’s private behavior.
I offer an interpretation of his views on sexual liberty that shows them to be compatible with this conception.
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