The Principle

Legal moralism has been a belief that prohibits people from acting or engaging in things which atomic number 18 detrimental to the partnership with the map of fair plays and its enforcements. This includes laws which prohibit certain actions that can lead to several problems that may affect the whole social fabric.Such laws include those that prohibit the use of banned drugs, prostitution and abortion. This actions or engagement in this type of acts may most likely affect the citizens in a rather negative matter that could demolish not only the participating individuals life but also the lives of the people around him.In line with this dogma is a principle that shall limit a persons liberty through the use of customary rules prescribed by the society in which the person lives. It differs from the principle of sanctioned moralism in the comprehend of formality.Restriction of LibertyWhile legal moralism is concerned about constitutional laws, this principle is more likely incl ined to the passing effect of customary moral rules which are more effective than legal laws. This principle shall from this point onwards be referred to as customary moralism principle.This type of principle acts in the same manner that legal moralism does. However, as stated above, congregational moralism is more effective than legal moralism. Its effectiveness lies on the way that it has been formulated.Compare and agate lineUnlike most legal laws which determines the right and wrong inscribed as laws of the society, customary rules and traditions determines the right and wrong principles which lies in the culture of a society.These rules adopt been time-tested through time and generation by the whole society. This is the reason why these laws are easier to understand. People find it efficient since it was directed and made through the use of actual and practical experiences. Unlike legal laws which are mostly hypothetical and less pragmatic.Legal laws are made by an assemb ly of men that shall intend the whole society in a conference or convention. Customary rules are prescribed mostly by elders, who have more experience than the founder generation.Since these rules are based and may differ in experience, they are not implemented in the society in a forceful manner. Instead, society shall disassemble what rules are still beneficial and relevant in the situation. Thus, customary rules undergo practicality checks, every time the rules are cosmos implemented or are being followed.Society Laws versus TraditionIt evolves with the society. It represents the society. People are more inclined to follow this principle not because of its force but because of customs and traditions.For instance, the introduction and the success of organizations such as the Cosa Nostra which is more popularly known as Mafia, prevails even after there have been several legal precautions and actions taken.The Mafia is an organization which is generally against the fascistic regime that dominates the Italian region. Since it is an organization, it has several guiding principles and rules that enable the group to grow and survive. Accordingly, the Mafia acts as a second government in areas such as Sicily.The rules that were constructed or enforced by the Mafia are followed more religiously than the laws enforced by the government. Omerta, a favorite law in Mafia is the law of absolute silence that denotes an individual could not say everything that would expose the Mafia.Even, if it means that they could be incarcerated, tortured or even convicted, it was believed that the Sicilians would not tell a boy or would deny anything he knows.Legitimate Traditional ActionsActions which this principle magnate consider as legitimate are mainly actions which are traditionally been pass judgment by the general public that were made legal. In or so country, prostitution is legal since it has been traditional. In the Netherlands, the use of marijuana is legalized . There are also some countries that legalize abortion if the fetus is not more than three months. These types of prohibitions by the law rooted from certain traditional beliefs and customs of the people.Traditional moral principles which have legal counterparts could be interfered by the law. However, there are certain traditional beliefs such as burning of animals for sacrifices wherein authority and law has no right to intervene.Commonly, traditional rules which are considered as legitimate are those which promotes the welfare of the society. This are the societal norms which are approved by the government and are thus legalize. Thus, the legitimacy of any traditional action depends on which government or country an action was made.Traditional Moralism versus Harm Principle and PaternalismTraditional also to fraternities are hazing ceremonials and rumbles. If Traditional moralism would be used, this type of action would be normal. However, of course, this would create problems in the legal realm.In such case this kind of actions shall be controlled by the proper authorities such that this would not cause death or other mass violence. This action would either fall in the harm principle or paternalism.It falls in the harm principle since it must be controlled or even not permitted if it induces harm to other people.It falls under paternal principle because there are laws which prohibit fraternity violence in able to protect the members of the fraternity from injuries by refusing to recognize fraternities who are recorded to conduct delinquently.While legal moralism is against actions such as gambling and prostitution, traditional moralism permits them. In this regard, traditional moralism could be seen to fall under the harm principle.Traditional moralism could also fall under paternalism in the sense that it is a guide for action through rules set by the majority of the society in able to control certain actions that would negatively affect the society. demu rrer of Traditional MoralismI believe that traditional moralism could effectively restrict freedom in able to promote the welfare of a society since it is constructed through convention by the society. It is more likely to be more effective since it commonly involves the norm within the society.Although this might create several factions in the society that might create their own traditions and customs, this kind of interferences might not be able to make it through the main stream culture. Failing to do so, these actions would be considered as deviant by the society in which their actions are not permitted.Traditional Moralism can also be viewed as a principle that acknowledge and move on liberty, more than restricts it. This is not arguable and may in fact be true, more likely when the legal rules is composed of laws which is not capable and is not good-natured with the society.Such as laws which are imposed only by the government or by another government in a particular countr y. This could lift out be demonstrated on colonized countries or in war-stricken country such as Iraq. The laws that the American government may not be suitable or efficient in the society such as in Iraq in such case traditional moralism would be more beneficial and applicable than legal moralism.ReferenceLeighton, P. (2007). Paternalism and Legal Moralism. Retrieved on November 14, 2007. Retrieved from http//www.paulsjusticepage.com/cjethics/2-limitsoflaw/harmprinciple.htm