Question
In Law, Liberty and Morality H.L.A. Hart considers several perspectives on the extent to which the criminal law should be used to punish breaches of
In Law, Liberty and Morality H.L.A. Hart considers several perspectives on the extent to which the criminal law should be used to punish breaches of commonly accepted moral standards. John Stuart Mill argued that "(t)he only purpose for which power can rightfully be exercised over a member of a civilized community against his will is to prevent harm to others" (p. 4). Others, such as Lord Simonds and Lord Devlin argued that the criminal law still had a role in preserving basic moral standards. Is there a conflict between the enforcement of moral standards through the criminal law and traditional liberal values such as the preservation of individual freedom and the distinction between the public and private spheres? How have the courts and legislators dealt with law and morality with respect to issues such as same-sex relationships and pornography??
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