Should the law punish private sin? Wolfenden, Hart and Devlin
In short
The Hart-Devlin debate was a clash between two British jurists over whether criminal law should enforce morality. The 1957 Wolfenden Report separated private morality from crime. Lord Devlin argued that a society may protect its shared morality by law; H. L. A. Hart, in Law, Liberty and Morality (1963), replied that only harm to others justifies punishment.
What the full article will cover
- What did the Wolfenden Report recommend?
- What did Lord Devlin argue?
- How did H. L. A. Hart respond?
- Why were fornication and adultery useful examples?
- How has the debate shaped British law since?
Frequently asked questions
- Who won the Hart-Devlin debate?
- What is legal moralism?
- Did the Wolfenden Report deal with prostitution?
- Is the debate still relevant today?
Sources
- plato.stanford.edu — https://plato.stanford.edu/entries/law-limits/
- lawjournal.mcgill.ca — https://lawjournal.mcgill.ca/article/the-legal-enforcement-of-morals-and-the-so-called-hart-devlin-controversy/
General information, not legal or religious advice.