Webplace in the early 1960s between H. L. A. Hart and Patrick Lord Devlin about the legitimacy of laws regulating morals. The debate was provoked by the recommendation of an Law Revision Commission proposing the repeal of the English law criminalizing homosexual sodomy. Hart supported this recommendation and Devlin opposed it. WebJun 10, 2024 · Hart’s followers have long resisted Dworkin’s assertion that morality plays a fundamental role in the explanation of legal rights and obligations. Hart himself joined them, even if only posthumously. It is, however, doubtful that the role of morality that Hart’s side has been denying is the one that Dworkin asserted.
Law and Morality: The Hart-Devlin Debate 22 v3
WebSince the initial exchange between Hart and Devlin, no theorist has devoted more attention to the general topic of the Debate than Joel Feinberg. His monumental four-volume work entitled The Moral Limits of the Criminal Law was published some 20 years after the 10 He later described them more memorably as the "disintegration" and "con WebProfessor Hart supported the general proposal of this report and attacked Devlin’s argument. Devlin wrote and published ‘The Enforcement of Morals’, in which he argues that morality is part of the fabric of society and that immoral conduct therefore presents a clear threat, the neutralisation of which takes precedence over individual freedom. just wants to have fun
Law and Morality Principles Summary - Law Essays
WebThe famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. WebThis has consequently reopened the Hart/Devlin debate anew, albeit by ‘pushing the liberal state toward the legal regulation of morality, thus potentially putting at risk its liberalness’ (C Joppke) and bringing forth the theory of equality as protective of ‘prized public goods’ (McCrudden and Kountouros). WebAs a result of his famous debate with Patrick Devlin, Baron Devlin, on the role of the criminal law in enforcing moral norms, Hart wrote Law, Liberty and Morality (1963), which consisted of three lectures he gave at Stanford University. He also wrote The Morality of the Criminal Law (1965). just wants to watch