The Hart V Devlin Debate - 1626 Words

This essay will seek to examine the contention that should the Government introduce a minimum price for alcohol and other measures, such as restricting multi-buy offers in shops and off-licences and promotions in bars, in an effort to reduce the nation’s consumption of alcohol, in particular binge drinking? Of particular interest in this area is the fascinating debate between H.L.A. Hart and Sir Patrick Devlin sparked by the publication of the Wolfenden Report on Homosexual Offences and Prostitution. Their analysis of the desirability of regulating morality is a vital addition to any consideration of this question and will form a large part of my enquiry. The renowned and much analysed Hart v Devlin debate on the legal enforcement of†¦show more content†¦This is a misunderstanding of democracy which still menaces individual liberty.† Hart argues that the theories put forward by Devlin are unsustainable. Devlin is mistaken because he gave no evidence that enforcing morality is required to preserve a society. Hart does not argue that members of civil society should not follow moral standards but he believes this can be best achieved by discussion, advice and debates rather than law. Using the law as weapon to secure moral standards through fear of punishment symbolises the condemnation and social insult of departing from moral values. â€Å"Hart’s theory of law does not give a central role to sanctions.†The price of seeking to impose moral value by legal sanction in terms of punishment in turn results to loss of freedom. Furthermore, in his (classically liberal) view there is a distinction to be drawn, the offence caused by immoral acts taking place in public and being witnessed by others, and that caused by the knowledge that immoral conduct takes place in private. This is identifiable as a direct descendant of Mills harm principle; that harm to others can and should be regulated, but that the law should not intervene to regulate the private acts of individuals which harm only themselves. However, the keyShow MoreRelatedLaws Influence on Morals1738 Words   |  7 Pagesthe two sometimes overlap. Sometimes both the law and morality reflect the social norms and guide people on how they should behave. For example Lord Devlin said that the law should intervene when society will tolerate certain behaviors. We can see this happening in real life, when something, which was immoral, also became illegal. In the case of R v R (1991) the defendant was charged with the attempted rape of his wife. At the time of the offence the couple had separated but they did not completeRead MoreShould Laws Protect Individual Liberty or Benefit Civil Society1716 Words   |  7 Pages‘common-good’ values, as embraced by Devlin . This might flow from criticism against the liberalizing values of the Wolfenden report. Cases like Shaw v DPP and Knuller v DPP made use of the offence of conspiracy to corrupt public morals (previously not been applied since the 19th century) and becko ned that the law would conceive to uphold society’s ‘moral values’ consistent with Devlin’s school of thought. This approach has continious, as the recent case of R v Brown (1994) illustrates. The defendantsRead MoreThe Natural Law Theory And Legal Positivism1698 Words   |  7 Pagesthat morality and law A significant debate on this topic was stimulated by Wolfenden Report 1957 in England which led to the famous debate between H.L.A Hart and Lord Devlin . The report is about the recommendation of legalising homosexuality and prostitution as law should not intervene within everyone’s private lives. This view was supported by Hart as he believed that the law should not enforce moral codes and everyone should have the right to privacy. Hart also believed that what may be requiredRead MoreCase Study : Case Analysis And Report1560 Words   |  7 PagesLAW1114 Assignment: Case Analysis and Report By Shannon Chan Student Number: 27839567 SECTION 1: Case note Citation: R v Abdul-Rasool [2008] VSCA 13 In 2008, the applicant Rajee Abdul-Rasool appealed on a conviction of reckless conduct endangering life. The offence occurred on Monday 05/08/2002, where the applicant engaged in an altercation with the deputy principal regarding her daughter’s whereabouts, the applicant proceeded to pour petrol over herself, with some splashing onto the deputy principalRead MoreLaw Morality Essay2211 Words   |  9 PagesConsider the view that there is a close relationship between law and morality. Examine the debate as to whether the law should reflect moral values, and discuss issues, which show the continuing importance of that debate. (30marks + 5 for AO3) A definition of law adapted from LB Curzon, Dictionary of Law states â€Å" the law is a set of rules which are binding among the people of a community or a state, so that they will be imposed upon and enforced among those persons by appropriate sanctions†.Read MoreEssay on Justice1493 Words   |  6 Pagesperspectives such as Positivism v Natural Law, Utilitarianism, Marx and Rawls. Other objectives associated with the Law and Weber, Durkheim, Llewellyn and Devlin debate justice. These theorists bring greater depth of explaining the significance of the objectives of Law in the English legal system, and also emphasises on how justice is expressed. For example, justice can be inherently linked to moral obligations in which the theorist Devlin lays down this view. We can furtherRead MoreLegal Validity Of The Law Of Recognition Essay2158 Words   |  9 Pages Some legal positivists such as Hart argue that legal validity is dependent upon the sources it derives from, rather than its moral substance or legally valid norms. This viewpoint falls under the sources thesis, which focuses on the rule of recognition, which tells us where a law arises from, rather than the separation thesis, where content is essential to legal validity. Officialdom is crucial to Hart’s understanding of a legal system, as it is the officials’ responsibility to accept and applyRead MorePHL 612: Philosophy of Law5882 Words   |  24 PagesDescription]: What is law? What makes something a legal norm? Should citizens always obey the law? What is the relationship between law and morality? This course will explore competing theories of law, such as natural law and positivism, and touch on crucial debates over civil disobedience, purposes of punishment, and interpretation of legal texts. It will deal with contemporary controversies over the legal regulation of human behaviour, for instance in matters of sexual morality. Grading Scheme: Course Evaluation:Read MoreSymbolic Speech : Freedom Of Speech1320 Words   |  6 Pagesunpopular Viet Nam War and even more recently to show disapproval of a president. (Texas v Johnson, 491 US 397 (1989)). The issues being protested aside, the very right to engage in political protest through symbolic speech be it kneeling or flag-burning is not only the First Amendment in action, but also pluralism in practice. However, within the last decade or so the very use of symbolic speech has become its own debate. 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