Legal moralism

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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. [1] 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". [2] Over the following years, H. L. A. Hart and Patrick Devlin, Baron Devlin contributed significantly to the body of literature.

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<span class="mw-page-title-main">Wolfenden report</span> Departmental committee report (1957)

The Report of the Departmental Committee on Homosexual Offences and Prostitution was published in the United Kingdom on 4 September 1957 after a succession of well-known men, including Lord Montagu of Beaulieu, Michael Pitt-Rivers, John Gielgud, and Peter Wildeblood were convicted of homosexual offences.

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Articles in social and political philosophy include:

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The Hart–Devlin debate was a famous debate in the mid-twentieth century between legal philosophers Patrick Devlin and H. L. A. Hart 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.

References

  1. Mill, John Stuart. On Liberty. London: Longman, Roberts & Green, 1869; Bartleby.com, 1999, ch. 1, para. 9
  2. Committee on Homosexual Offences and Prostitution, 1957. Report of the Committee on Homosexual Offences and Prostitution. London: Her Majesty's Stationery Office

Further reading