Ethics Morality and the Law
- Submitted by: evolution88
- Views: 320
- Category: Other
- Date Submitted: 10/13/2014 11:41 AM
- Pages: 14
- Report this Essay
Ethics Morality and the Law
To what extent should morality play in the law and should the law uphold it? Throughout the centuries this has been an ongoing debate and one which will likely to continue for many years to come. This essay will examine the view that there is an existence of a ‘private sphere’ in which the law may not legally interfere. It was this view which influenced the recommendations of the Wolfenden report on legalising homosexual acts in private. This created huge widespread discussion and a number of exchanged views none more notable than those of Hart- and Devlin. This essay will examine the Hart- Devlin debate in relation to morality and the law. It will also examine the views of feminists in their quest for equality on the basis that the law is immoral as it is male dominated, therefore it can not protect the moral welfare of the state. Criticisms of both the Hart- Devlin debate and feminism will also be reflected on in this essay along with the view that the law must uphold morality however in doing so it must itself truly understand what morality is.
Hart Devlin Debate
In the 19th century John Start mill in his essay on Liberty stated the relationship between law and morality. This statement is in terms of what is generally known today as the harm principle. Mill stated
‘The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forebear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right’
Mills harm theory encourages individual freedom which is insulated from public prejudice thus in terms of Mills theory, if an offensive or distasteful act does not harm a third party no matter the level of majority disapproval the act...
To what extent should morality play in the law and should the law uphold it? Throughout the centuries this has been an ongoing debate and one which will likely to continue for many years to come. This essay will examine the view that there is an existence of a ‘private sphere’ in which the law may not legally interfere. It was this view which influenced the recommendations of the Wolfenden report on legalising homosexual acts in private. This created huge widespread discussion and a number of exchanged views none more notable than those of Hart- and Devlin. This essay will examine the Hart- Devlin debate in relation to morality and the law. It will also examine the views of feminists in their quest for equality on the basis that the law is immoral as it is male dominated, therefore it can not protect the moral welfare of the state. Criticisms of both the Hart- Devlin debate and feminism will also be reflected on in this essay along with the view that the law must uphold morality however in doing so it must itself truly understand what morality is.
Hart Devlin Debate
In the 19th century John Start mill in his essay on Liberty stated the relationship between law and morality. This statement is in terms of what is generally known today as the harm principle. Mill stated
‘The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forebear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right’
Mills harm theory encourages individual freedom which is insulated from public prejudice thus in terms of Mills theory, if an offensive or distasteful act does not harm a third party no matter the level of majority disapproval the act...