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Hart-Devlin Debate - the debate between Lord Devlin and H.L.A. Hart the theoretical basis of decision-making in cases where there is a conflict between individual moral freedom and social control.
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| Submitted: Mon Sep 29 2003
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Hart-Devlin Debate: the debate between Lord Devlin and H.L.A. Hart the theoretical basis of decision-making in cases where there is a conflict between individual moral freedom and social control. It is structured in the form of an analysis of the debate between Devlin and Hart concerning the principles for and against the enforcement of morality. Devlin: Religion=morality. If you want to enforce Religion, you have to enforce morality. You can learn morality through religion. Bible says that "can't kill b/c god said so" The law is here no only to protect the individuals but also to protect the whole society against harm. Therefore, if you will kill a person with his/her written permission, you will still go to jail. Criminal Court: state vs. Joe Black Civil court: Jane Black vs Joe Black 1. does society have the right to judge whats moraly right and wrong 2. Can society use the law to enforce 3. Should society...
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