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Government enforcement of morality : a critical analysis of the Devlin-Hart controversy.
| Content Provider | Semantic Scholar |
|---|---|
| Author | Bittlinger, Peter August |
| Copyright Year | 1975 |
| Abstract | Government Enforcement of Morality A Critical Analysis of the Devlin-Hart Controversy (December 1975) Peter August Bittlinger, B.S., Canisius College M.A., Ph.D., University of Massachusetts Directed by: Professor Felix E. Oppenheim Is it justifiable to use the criminal law to prohibit and to punish conduct merely because it is generally thought to be morally wrong? The recent controversy between Patrick Devlin and H. L. A. Hart has been waged over this normative question. This study critically analyzes their arguments which are themselves comprised of complex combinations of normative views, factual assumptions, and philosophical theories. I approach these diverse elements systematically by treating them independently. A three-fold classification of theory-types is employed. First, I deal with Devlin's and Hart's normative theories, i.e., their generalizations about the desirable extent and limits of' penal legislation and of individual liberty. Devlin is an advocate of legal moralism, the view that certain kinds of conduct should be criminalized simply because they violate public morality, and of legal paternalism, the view that the law should protect persons from the harmful consequences of their own actions. He offers |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://scholarworks.umass.edu/cgi/viewcontent.cgi?article=2910&context=dissertations_1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
