Laws Limited Domain Confronts Moralitys Universal Empire文档浅析.pdfVIP

William Mary Law R eview Volume 48 | Issue 5 Article 4 Law s Limited Domain Confronts Morality s Universal Empire Larry Alex ander larrya@sandi go. du Frederick Schauer R pository Citation Larry Alexand r and Fr d rick Schau r, Laws Limited Domain Confronts Morality s Universal Empi re, 48 Wm. Mary L . R v. 1579 (2007), http://scholarship.law.wm. du/wmlr/vol48/iss5/4 Copyright c 2007 by the authors. This article is brought to you by the William Mary Law School Scholarship R pository. http://scholarship.law.wm. du/wmlr LAWS LIMITED DOMAIN CONFRONTS MORALITYS UNIVERSAL EMPIREt LARRY ALEXANDER* FREDERICK SCHAUER** There is an ongoing debate in contemporary jurisprudence over whether law, properly conceived, is capable of incorporating morality. And this debate has its important practical analogues, especially in American constitutional law. For this is where lawyers and scholars argue about whether, for example, the guarantees of equal protection, freedom of speech, and the free exercise of religion, as well as the prohibitions on cruel and unusual punish- ments and unreasonable searches and seizures, require courts and other governmental decision makers to adhere to the correct moral principles regarding equality, freedom of speech, freedom of religion, punishment, and (locational) privacy. That these and other constitutional clauses appear to speak in moral language is relatively uncontroversial, but far more controversial is what it means for authoritative law to speak in moral language, and how, if at all, such language connects law with what is simply and pre- legally morally right (and wrong) to do. These debates about th