Wednesday, July 20, 2016

Lawrence vs. Texas on Personal Animus as Basis for Legislation: Is this a Critique of Expressionism?

Lawerence v. Texas found that personal animus is not a sufficient reason to justify regulation of an activity; a personal (preferential?) or moral judgment of an activity does not render it subject to government legislation.  

This finding seems to recall, and may be equivalent to, the idea of mine that the expressive function of the law ought to be of a lower priority than other legal functions, especially policy outcome.  In general, this principle on which this case was decided seems to me to be similar to the derision for the expressive function of political action that I have often articulated.

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