Download Chapter Three: Sexual Morality

Chapter Seven:
Sexual Morality
The Traditional View
of Sexual Morality
• All sex outside marriage is wrong
• View that everything in nature has a
purpose, derived from Aristotle and
Aquinas
• The purpose of human beings is to
engage in fully human love, which must
accompany sex and be conducted
within marriage
The Libertarian View
of Sexual Morality
• Sex is an activity like any other
• Standards for morality are no
different from other activities
• Defense of sexual libertarianism:
why shouldn’t sex be treated like
any other activity?
Issues to consider in this
debate
• Venereal diseases and AIDS?
• Threats to the family?
• Personal fulfillment?
• Naturalness?
SEXUALITY AND
PRIVACY
A. The Main Ethical Question: Which of the
following sorts of sexual practices are
morally permissible:
• C1: Consensual "orthodox"
protected sexual relations in
private between adults who are
married, and who have a loving
monogamous relationship.
• C2: Consensual "orthodox"
protected sexual relations in
private between adults who are
not married, but who have a
loving monogamous
relationship.
Sexual Relations
• C3: Consensual "orthodox" protected sexual
relations in private between adults who are not
married, and who do not have a loving monogamous
relationship.
• C4: Consensual "orthodox" unprotected sexual
relations in private between adults who are not
married, and who do not have a loving monogamous
relationship.
• C5: Consensual "non-orthodox" protected
heterosexual sexual relations in private between
adults who are married, and who have a loving
monogamous relationship.
• C6: Consensual homosexual protected sexual
relations in private between adults who have a
loving monogamous relationship.
Above "orthodox" is short for "penilevaginal intercourse". Oral, manual, and anal
intercourse are "non-orthodox", as is group
sex.
• Above "protected" is short for "reasonably
(but perhaps not perfectly) protected
against both pregnancy and against
venereal disease". "Unprotected" will be
short for "not reasonably protected against
either". (We'll ignore mixed cases.)
• Assume that all sexual relations with children, with
non-consenting individuals, or in public, are
forbidden.
• Assume that no deception (e.g., lying) or infidelity
(breaking of an agreement) is involved.
• Where the sex is unprotected, consider variations
based on (1) how likely it is that one or both of the
partners has a venereal disease, and (2) how likely
it is that one or both of the partners is willing and
able to take responsibility for any children they
might create.
B. The Main Political
Question:
• What sorts of laws regulating sexual
practices between consenting adults in
private are permissible? In particular,
consider the following each of the above
practices and ask:
• (a) Is it morally permissible for the law
to allow such abortions?
• (b) Is it morally permissible for the law
to prohibit such abortions?
enforcement will be involved.
Here are some basic models:
1. Effective non-enforcement: The law is on
the books but almost never invoked.
2. Passive enforcement: The police
investigate a case only if credible
evidence of illegal activity is brought to
their attention by a private citizen (not
employed by the police) or from an
independent police investigation on some
other matter.
Here are some basic
models:
1. Moderate active enforcement: As
above plus the police have
undercover agents who search out
leads (as they do for illegal drug
sales and prostitution).
2. Radical active enforcement: As
above plus the police engage in
occasional random searches of
homes (e.g., with roughly the same
frequency as with random sobriety
checks for drivers).
Enforcement?
1. Moderate active enforcement: As
above plus the police have
undercover agents who search out
leads (as they do for illegal drug
sales and prostitution).
2. Radical active enforcement: As
above plus the police engage in
occasional random searches of
homes (e.g., with roughly the same
frequency as with random sobriety
checks for drivers).
Enforcement??
3.) Moderate active enforcement: As
above plus the police have
undercover agents who search out
leads (as they do for illegal drug
sales and prostitution).
4.) Radical active enforcement: As
above plus the police engage in
occasional random searches of
homes (e.g., with roughly the same
frequency as with random sobriety
checks for drivers).
C. SOME MAIN
QUESTIONS:
• 2. To what extent is it legitimate for
the state to prohibit harmless
activities that violate the prevailing
social norms (e.g., marriage and the
traditional family). For example,
suppose the prevailing social norms
dictated that people sleep with all
their clothes on (that being viewed
as the way "one should sleep").
Would it be permissible for the law
to prohibit sleeping in the nude (in
the privacy of one's home)? As other
examples, consider sex,
contraception, and gambling.
• Possible Positives of specified sexual practices or laws
that allow specified sexual practices
• (Possible Negatives of law prohibiting specified sexual
practices)
• 1. Respects or protects (does not protect) personal
liberty to do things that do not directly and significantly
harm anyone else. (Obj: Such activities harm the
community's social fabric.)
• 2. Happiness (loss of happiness) of those who would like
to engage in those activities.
• 3. No financial costs (financial costs) of enforcement (for
laws)
• 4. Reduced (increased) number of underground abortions
(for laws where pregnancy would indicate violation of
law).
•
•
•
•
•
•
Possible Negatives of specified sexual practices or laws that
allow specified sexual practices
(Possible Positives of law prohibiting specified sexual practices)
1. Undermines (does not undermine) the prevailing social norms
(e.g. traditional family values). (Obj1: But some of the
prevailing social norms are mistaken. Remember slavery, and
women not having the vote. Obj2: Even if the social norms are
correct, it is illegitimate for the state to enforce them. The
state should only prohibit activities that harm others.)
2. Increased (decreased) immoral activities (for political case
only; not applicable for ethical case) (Obj1: Activities are not
immoral. Obj2: Even if immoral not legitimate for the state to
prohibit because they do not harm others.)
3. Increased (decreased) venereal disease.
4. Increased (decreased) number of children out of wedlock.
“Sexual Morality”
Roger Scruton
• Aristotelian analysis to support the
traditional view of morality
• Morality is a constraint on practical
reasoning and must be based on the
permanent features of human nature
• The goal of human conduct is eudaimonia
(happiness or fulfillment)
• The best model of moral reasoning is moral
education
“Plain Sex”
Alan H. Goldman
• Defense of the libertarian position
• Rejection of “means-end” analysis
that sex should be evaluated only
as a means to an end (love,
reproduction)
• Sexual behavior should be
evaluated by the moral norms we
“Why Homosexuality Is
Abnormal”
Michael Levin
• It is abnormal because it misuses
human body parts
• It leads to the unhappiness of
homosexuals
• It should not be legalized, as it
would encourage children to
pursue a life of unhappiness
“Homosexuality and
Nature”
Timothy F. Murphy
• Criticism of Levin’s position that
homosexuality is abnormal
• Evolution does not give us a standard for
normal and abnormal behavior
• The happiness of homosexuals would be
enhanced if discrimination against them was
eliminated
• Legal protections for homosexuals would
improve their happiness
• End