
Are morals always relative? Are private actions it is held by the invisible bonds of common thought."Some sidestep this controversial issue by asserting that the law should not be used to enforce any morality. Others invoke John Stuart Mill's doctrine that the only purpose for laws governing any member of society is to prevent harm to others, chiefly physical harm. But, Devlin argued, while breaches of shared morality do not cause harm to other individuals in the way that murder and assault do, they do harm society by undermining its moral structure.Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
This work investigates whether the law possesses the authority to enforce a society's shared moral code, even in the absence of direct physical harm to individuals. Patrick Devlin, a distinguished British judge and legal scholar, utilizes his extensive background in jurisprudence to challenge the prevailing liberal consensus established by John Stuart Mill. He argues that a society is held together by a common morality, and that the law must act as a mechanism to preserve this structure against erosion.
What You Will Find
Scope Limits
Experts frequently cite this text as a foundational contribution to the Hart-Devlin debate, which remains a central pillar in legal philosophy curricula. Readers often note the clarity and precision of Devlin's prose, which makes complex jurisprudential concepts accessible to those outside the legal profession.
Page Count:
160
Publication Date:
1970-10-01
Publisher:
Oxford University Press
ISBN-10:
0192850180
ISBN-13:
9780192850188
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