Hart devlin debate essay

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Hart , was a British legal philosopher , and a major figure in political and legal philosophy. His most famous work is The Concept of Law ; 3rd edition, , which has been hailed as "the most important work of legal philosophy written in the twentieth century". His father was a Jewish tailor of German and Polish origin; his mother, of Polish origin, daughter of successful retailers in the clothing trade, handled customer relations and the finances of their firm. Hart had an elder brother, Albert, and a younger sister, Sybil. He took a First in Classical Greats in
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Mill’s Moral and Political Philosophy

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Law and Morality

Please join StudyMode to read the full document. Of particular interest in this area is the fascinating debate between H. Their analysis of the desirability of regulating morality is a vital addition to any consideration of this question and will form a large part of my enquiry. The renowned and much analysed Hart v Devlin debate on the legal enforcement of morality saw its origins in the publication of the Report of the Committee on Homosexual Offences and Prostitution hereafter referred to as "the Wolfenden Report". The committee concluded that unless society made desirable attempts to lawfully equate the sphere of crimes in private morality which is separate from law will be exposed. However this did not encourage pubic immorality rather homosexual behaviour between adults who consented should no longer be a criminal offence under Sexual Offences Act
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In the Oxford dictionary law is defined as the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. In other word its is regulations and principles established in a community to be applied to its people and those who do not follow these rules could face punishments which are possible to have an effect on the persons liberty. This might flow from criticism against the liberalizing values of the Wolfenden report. This approach has continious, as the recent case of R v Brown illustrates. The defendants.
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I will be interested, rather, in a more preliminary matter, namely, in attempting to set out the basic subject matter of the debate. My chief concern, therefore, will be to identify the core issue around which the Hart-Dworkin debate is organized. Is the.
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