Hart-Devlin Debate

Hart-Devlin Debate Essay example
Undergraduate
Essay
Philosophy
Pages 10 (2510 words)
Download 1
Lord Wolfenden chaired a meeting in 1957 that recommended the existence of homosexuality activities in private. The chairperson suggested that as long as their activities remained private they should not be criminalized (Cane 21)…

Introduction

However, the law is not against the private lives of people and the activities they undertake in private. Therefore, a law cannot be imposed that interferes with the private lives of people. The report by the committee sparked a reaction from Patrick Devlin. Devlin in his discussion on “the enforcement of morals” argued that criminal law is not only meant to protect individuals but the entire society. Therefore, if people are engaged in activities that are against the society norms should be criminated. He further argued that criminal law should not only protect criminal activities that directly affect people, but rather should protect society from adverse effects imposed by individuals both in public and in private (Cane 22). Herbert Hart reacted against the argument of Devlin in a radio broadcast. Hart argued with regard to the “harm principle” by J. S Mills. He argued that the only reason in which power can be correctly exercised over any individual in society against his will is, to ensure no harm imposed to others by the individual (Cane 23). An argumentative debate between the two individuals ensued, both of them believing their side of the argument to be reasonable. Devlin argued that the society supposed to be united by legal and moral conducts. ...
Download paper
Not exactly what you need?

Related papers

The Abortion Debate
Few are willing to try to understand the opposing opinion. Each side firmly believes they have the moral high ground and that the other is horribly mistaken. One is concerned with the innocent fetus being killed for the sake of convenience, the other concerned with the health of young women who would maim themselves in an attempt to perform an unsafe illegal abortion. Perhaps the national…
Hart-Devlin Debate
They often defined right or wrong in the society, and people often stand to those principles. The law is not enacted when one is not moral or does not act in a certain moral way. The reparations of not being moral are often individual. Morality and laws often contradict in their formation and implementation. Moralities develop after a while, are not easy to alter, and are often a mindset that…
Ethical Debate on Assisted Suicide
This is because they have adequate knowledge to assist persons commit suicide. The ethical debate on assisted suicide is not as recent as most people assume. Examining the principles of medical ethics sheds light on these issues. In the 4th century B.C, the Hippocratic Oath took precedence as guidance to doctor patient relationship. One section of this oath holds that the doctor should not…
Capitalism vs. Welfare State: A Debate
On the other hand, there is the welfare state, where the government takes a direct hand in providing crucial services to its people, whenever they need it. For example, the government directly gets involved in the provision of food, shelter, and money so in order to promote the living standards of its people (Dore 115). A social welfare state promotes the idea that the public has a responsibility…
Interpretation & evaluation of one theory belonging to H.L.A. Hart in book 'Concept of Law'
However, his perception on positivism may be defined as the pinnacle of his argument. The central perception that makes this topic outstanding in the ears of the audience is the compelling attitude which it triggers from both convictions. Harts seems to perceive a differing conviction on legal positivism as compared to Ronald Dworkin. The focus of this essay will be narrowed on evaluating the…
Hitchens vs Blair debate
Hitchens found it easy to make strong arguments concerning a wide range of bad things that humans have done in the name of religion, and he in fact did not find it difficult to explain how religion, which is considered to be good, has done more harm not only to individuals in the society, but also to the world as well. On stage, Hitchens raised very pertinent points many of which worked against…
Debate Between The Epicureans And The Stoics.
The Epicureans were contributed by Epicurus who was a Greek philosopher who lived between 341 BC and 270 BC. Epicurus founded the Garden in Athens in which he and his followers lived and practiced Epicurus’ philosophical ways of life. At the entrance of this place, they hanged a writing stating that Stranger, here you will do well to tarry. Here our highest good is pleasure’1. From this…