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Admittedly, the tendency to bracket substantive moral questions makes it difficult to argue for toleration in the language of the good. Defining privacy rights by defending the practices privacy protects seems either reckless or quaint; reckless because it rests so much on moral argument, quaint because it recalls the traditional view that ties the case for privacy to the merits of the conduct privacy protects. But as the abortion and sodomy cases illustrate, the attempt to bracket moral questions faces difficulties of its own. They suggest the truth in the "naive" view, that the justice or injustice of laws against abortion and homosexual sodomy may have something to do with the morality or immorality of these practices after all. (en) |
