La disintegrazione della morale di senso comune: alcuni problemi per l’incorporazione della morale nel diritto

Abstract

According to a common idea, addressed by Bruno Celano, law incorporates morality to mitigate the counterintuitive conclusions to which certain legal arguments would lead. For morality to fulfill this function, it must be understood as common sense morality. This article shows how a useful idea to shed light on the concept of common sense morality is the idea of “integrity” as outlined by Bernard Williams in his critique of Utilitarianism. Two crises of morality are then found in psychology and in empirical philosophy. One concerns common sense morality only – Joshua Greene's defence of Utilitarianism – while the other, perhaps, morality in general – the problem of framing. The paper concludes by noting how the crisis of morality is a reason for a greater integration between studies in legal theory and in moral philosophy.