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With reference to any are of law, explain the difference between the liberal and paternalistic approaches to the relationship between law and morality (Hart/Devlin debate), which would you consider to be more appropriate?
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With reference to any are of law, explain the difference between the liberal and paternalistic approaches to the relationship between law and morality (Hart/Devlin debate), which would you consider to be more appropriate? The paternalistic approach was that of argued by Lord Devlin. He argued that the law should be used to maintain the fabric of society through a shared morality. In other words, he said that a common recognised morality should be held by most members of society. He also argued that morality is needed to preserve society. In contrast to this, the liberal approach as argued by HLA Hart is concerned with individual freedom. Hart argued that the law should be used to preserve some harm. The liberal approach stresses that there are too many cultures to decide on what's moral. The paternalistic approach was taken in the case of R v Brown & Others (1993) In this case...
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