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The Conflict of
Public Moral Concern and Private Liberties
A
possible way out of the dilemma is to appeal to the concept of
nuisance.
Everyone,
it might be said, has an interest in being able to go around his
business without offensive and distracting sensations, smells,
noises and perhaps sights, obtruding upon him, interfering with. Or
preventing him from giving his full attention to his projects, or
simply marring an otherwise pleasant experience. Just as some noises
are so loud or unpleasant that it would be unreasonable to expect
people simply to accept them as natural and inevitable consequences
of sharing a social environment with others who have different
interests and activities, so some deviations from accepted decency
might be so gross that a passer-by’s attention would be compelled
to them, however distressing they might be to him. According to this
view, we all have a right not to have our indignation stimulated to
a disquieting degree, provided that we have no convenient way of
avoiding the stimulus, that our indignation is not excessive by the
standards of our culture, and is not aroused by things that most
people in our culture take in their stride.
Stanley
I. Benn: Private and public morality: Clean living and dirty
hands, in Public and private in social life (S.I. Benn
and G.F. Gaus, Eds.), St. Martin Press, New York, 1983. |
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