Hart-v-Devlin Flashcards
Wolfenden report 1957
Recommended that the law did not intervene in the private life of citizens or seek to enforce a pattern of behaviour further than necessary.
What crimes were recommended to be legalised?
Homosexuality
Prostitution
What did Hart create?
Law, liberty and morality
What did Hart think about the wolfenden report?
He approved of it
What was Hart’s argument and belief?
Minority should not be made to conform to will of majority when acts in private are immoral.
What did Hart think of using the law to enforce moral values?
Unnecessary
Undesirable
Morally unacceptable
What did Hart recognise?
Pluralistic nature of society
Individual liberty
What was Harts thoughts on the harm principle?
Crimes without victims should not be crimes if participants willing.
Crimes example
Drugs
Abortion
What was Devlin’s 3 principles?
Privacy and individuals rights to choose should be respected
Punishment should be used
Law should be slow to change
Reasonable man test
Right thinking individual
What was Devlin’s thoughts on the harm principle?
Many crimes that are seem as victimless are not.
Example of crimes
drug taking causes other activities
Prostitution is controlled by violence
Shaw
Published ladies directory
Hart on Shaw
prostitutes choice to be in ladies directory so not a crime.
Devlin on Shaw
Likely to agree with HL’s who decided it was corrupt to public morals.
Viscount Simmonds
Law should not conserve not only the safety and order but moral welfare of state
Gibson
Human earrings
Hart
Accept exhibition creates public nuisance but individual choice whether to attend so not a crime.
Devlin
Decision supported by Devlin to be charged and convicted.
Brown
Sadomachoistic group sex
Hart
Same view as Lord mustily that morality should be reflected in law.
Devlin
Morality should be reflected in law even in private matters.
Lord Templeman
Pleasure derived from the infliction of pain is an evil thing
Lord Lowry
Such activities are not conducive to the welfare of society.
Wilson
Branding, D not guilty
Hart
Decision supported by Hart.
What was the verdict Hart is likely to agree with?
‘Consensual activity between husband and wife is not a proper matter for criminal investigation’
Devlin
Accepting crimes which are immoral like this encourages others to commit acts like this so should be convicted.
Gillick
Allowed girl to receive pill without mother’s permission.
Hart
Decision supported by Hart, if girls competent then they could consent without parent’s knowledge.
Devlin
Girl under 16 receiving the pill is corrupt and lower moral standards in society.
Templeman
‘Many things a girl under 10 needs to practise but sex is not one of them’
Assisted suicide
Widow argued assisted suicide is a private matter
Hart
Agree as not matter for law
Devlin contrevorsy
Split public view. Parliament refuses to decriminalise assisted suicide.
What would Devlin say?
Devlin agree as RM is currently ambivalent.
Quote from Devlin
Recommendations lead to ‘a loosening of moral bonds and ‘disintegration of society’
Quote from Hart
Using law to enforce moral values is ‘unnecessary, undesirable and morally unacceptable’
