law and society 15

Question 1

Wolfenden Report (1957)

Answer 1

• Recommended the decriminalisation of homosexuality and prostitution
• Distinguished between public and private morality
• Sparked the Hart-Devlin debate

Question 2

Lord Devlin’s Argument (Legal Moralism)

Answer 2

• Core Belief: Law should enforce moral values to maintain social cohesion
• Society’s morality is like political institutions – its erosion leads to disintegration
• Example: Legal bans on homosexuality and prostitution

Question 3

H.L.A. Hart’s Argument (Legal Positivism & Harm Principle)

Answer 3

• Core Belief: Law should intervene only to prevent harm, not enforce morality
• Individual autonomy must be protected
• Inspired by John Stuart Mill’s harm principle
• Example: Decriminalisation of private consensual acts

Question 4

Contemporary Relevance

Answer 4

• LGBTQ+ Rights: Decriminalisation aligns with Hart’s stance
• Drug Laws: Some favour harm-based regulation rather than moral enforcement
• Hate Speech & Censorship: Ongoing debate on legal limits to expression

Question 5

Criticisms & Limitations

Answer 5

• Devlin: Risks oppressive laws based on majoritarian morality
• Hart: Some argue the harm principle is too vague or impractical