The Debate of H.L.A. Hart and Lord Devlin: Exploring the Limits of Law
DOI:
https://doi.org/10.31305/rrijm.2023.v08.n02.024Keywords:
Limits of Law, The Enforcement of Morals, ethical theory, social philosophyAbstract
The debate between H.L.A. Hart and Lord Devlin on the limits of the law is a significant contribution to legal theory, ethical theory, and social philosophy. Hart's "separation thesis" argues that moral considerations are unnecessary for the efficient functioning of legal systems, while Devlin's "The Enforcement of Morals" asserts that law and morality are inseparable and dependent on each other. This conflict has significant implications for legal theory and practices, including the role of ethical considerations in legal systems, the debate on individual liberty and societal coherence, the decision-making process in legal matters, and the significance of embracing the present moment. The Hart-Devlin argument influences ongoing discussions on topics such as decriminalization, marriages, and criminal justice.
References
Davies, Pamela, Francis Peter, and Geer Chris. Victims, Crime, and Society. New York: SAGE, 2007. Print.
Devlin, Patvick: The Enforcement of Morals 1965.
Duguit, L., "The law and the state" Harvard Law Review Association.
Heilbronn, Gary. Introducing the Law. New York: CCH Australia Limited, 2008. Print.
Scarre, Geoffrey. Utilitarianism. New York: Routledge, 2002. Print.
Ward, Ian. Introduction to Critical Legal Theory. New York: Psychology Press, 2009. Print.
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This is an open access article under the CC BY-NC-ND license Creative Commons Attribution-Noncommercial 4.0 International (CC BY-NC 4.0).
