Principio del danno e omosessualità

This paper deals with two theories (Patrick Devlin, John Finnis), both embracing the principle that homosexuality is harmful for the society and for the individuals, and that are both designed on the exterior shape of the harm principle. The harm principle, nonetheless, is a moral argument derived from the ideological choice of liberalism, that plays a role as an instrument of protection for specific interests qualified as rights by a liberal moral judgement. So, the theories of Devlin and Finnis – the former: expression of legal moralism; the second one: expression of catholic communitarianism – have to be rejected by a liberal notion of society and law, since both are efforts aimed at the defence and the affirmation of the moral principles in complete conflict with the basic moral concept of the political liberalism. The statement that liberalism is a doctrine based on tolerance and on acceptance doesn’t mean that it has to be compliant with theories whose aim is the refusal of liberalism itself. Specifically both theses discussed here lack of the minimal requirements to be discussed in a liberal arena, and so the appropriate liberal answer is simply to reject and ignore them.