Plastic trees and gladiators: Liberalism and aesthetic regulation: Plastic trees and gladiators

Legal Theory 16 (2):77-90 (2010)
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Abstract

The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.

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