ABSTRACT
One of the major issues in moral, political, and legal philosophy is the question of legislating morality. It is quite obvious why this has always been, and still is, a hot issue: law was inseparable from religious and social morality for the greatest part of human history and it still is in some areas of the world. Legal rules regularly reflected conventional morality, used sanctions as a deterrent for anyone who didn't conform to society's moral standards and reinforced social morals by authentically expressing the society's general will and by educating citizens in the process of socialization. These expressive and educative functions of the law are still considered important by both politicians and lawyers, even in legal systems where positivism is dominant. Legal positivism had never managed to wipe out the overwhelming influence of morality to law, especially to criminal law, but also in more unlikely areas such as contract or tort law.
