6. Hart-Devlin Debate (Devlin)

Question 1

There is a more personal debate of law & morality between ____ & ____ _____. Devlin said its essential that we ______ & use the law to _____ _____ otherwise society will break down. In response to the ______ _____, Devlin set out his views in his book “___ _________ __ ______”. He said allowing ____ ____ can lead to the _______ of society. He also said common morality is needed for _____ to function and therefore the law should ______ even in private acts (_____). Some cases demonstrate support for the idea of outlawing _____ ___, regardless of harm. For example in ____ _ ___, it was held that advertising the services of s prostitute was illegal. Also, in _ _ ____ it was held that are made out of real baby foetuses was illegal.

Answer 1

Hart
Lord Devlin
Legislate
Enforce Morality
Wolfeden Report
"The enforcement of morals"
Moral change 
Disintegration
Society
Intervene 
(Brown)
Immoral Acts
Shaw v DPP
R v Gibson

Question 2

What was Devlins book called?

Answer 2

The enforcement of Morals

Question 3

What are 3 cases that support Devlins view? (& summary of what happened)

Answer 3

Brown - Outlawed Gbh to one another ever with consent
Shaw v DPP - Outlawed the advertising of a prostitute
R v Gibson - Outlawed Art made from Feutus

Question 4

What did Devlin respond to?

Answer 4

The Wolfden Report

Question 5

What did Devlin argue it essential we do? (So what doesn’t happen?

Answer 5

Devlin argued that it is essential we legislate & use the law to enforce morality other wise society will break down.

Question 6

What was his views in “The enforcement of morals”?

Answer 6

He said allowing moral change can lead to the disintegration of society. He also said common morality is needed for society to function and therefore the law should intervene even in private acts (Brown).