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Hart–Devlin Debate
The Hart–Devlin debate was a famous debate in the mid-twentieth century between legal philosophers Patrick Devlin and H. L. A. Hart Herbert Lionel Adolphus Hart (; 18 July 190719 December 1992) was a British legal philosopher. One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which wa ... about whether the law is a suitable tool for the enforcement of morality. The debate arose in the context of a proposal to decriminalize homosexuality in the United Kingdom. Devlin argued that the law is a suitable tool to enforce morality, while Hart disagreed. See also * Legal moralism Sources * * * * * * * * * * * Philosophy of law Criminalization of homosexuality {{DEFAULTSORT:Hart-Devlin debate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Devlin, Baron Devlin
Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary from 1960 to 1964. In 1959, Devlin headed the Devlin Commission, which reported on the State of Emergency declared by the colonial governor of Nyasaland. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer John Bodkin Adams.Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985 Devlin was involved in the debate about homosexuality in British law; in response to the Wolfenden report, he argued, contrary to H. L. A. Hart, that a common public morality should be upheld. Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens. Early life and education Patrick Devlin was born ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminalization Of Homosexuality
Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection. The criminalization of homosexuality is often justified by the scientifically discredited idea that homosexuality can be acquired or by public revulsion towards homosexuality, in many cases founded on the condemnation of homosexuality by the Abrahamic religions (Judaism, Christianity, and Islam). Arguments against the criminalization of homosexuality began to be expressed during the Enlightenment. Initial objections included the practical diffic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Moralism
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. The debate between moralism and liberalism attracted much attention following the publication by the UK Parliament of the Wolfenden Report in 1957, which recommended that homosexuality should be decriminalised on the basis that the function of the law "is not... in our view... to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour".Committee on Homosexual Offences and Prostitution, 1957. Report of the Committee on Homosexual Offences and Prostitution. London: Her Majesty's Stationery Office Over the following years, H. L. A. Hart and Patrick Devlin, Baron Devlin contributed significantly to the body o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
