Law, Liberty, and MoralityThis incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. |
Common terms and phrases
accepted adults in private affirmative answer affront to public American Law Institute argued argument assertion Capital Punishment certainly ciples coercion common law concerned conduct corrupt public morals crime criminal law critical morality critical principle custos morum defend democracy democratic distinction distinguish doubt emphatic enforce morality enforcement of morality England English law essay Mill essay On Liberty existence of society extreme thesis fact Fraternity homosexuality House of Lords human Ibid important individual liberty judges lectures legal enforcement legal punishment legislation ment merely Mill Model Penal Code moderate thesis moral code moral condemnation moral criticism moral principle object Obscene Publications Act offence to feelings overwhelming moral majority paternalism perhaps polygamy positive morality practices preservation of morality prevent harm prostitution protect public decency punish immorality punishment of bigamy question rality reason sexual morality shared morality Shaw's simply social institutions social morality society's existence statutes Stephen thought tion utilitarian