We have just read a few cases that illustrate the concept of legality in terms of the legal institutions that define crimes, the importance of notice, and the dangers of vagueness. Legality, however, goes beyond these somewhat procedural issues to implicate questions of substance: what conduct can a just society legally punish in the first place? Our next case, Lawrence v. Texas, grapples with this question.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.