Legal Enforcement of Moral Values

Question 1

two main debates which discuss how involved the law should be in enforcing the states morality on us

Answer 1

1. The law as a guardian of public morals should intervene to ensure the continuation of the dominant morality within the state
2. Individuals should be free to decide their own morality

Question 2

The Hart-Devlin Debate

Answer 2

Devlin:
-states that any act which deviates from the morals of society need to be punished, even if they are done in private
-objective test ‘any behaviour which the ordinary/reasonable man would regard with ‘intolerant, indignation or disgust’ is to be prohibited by law

Hart:
-citizens can behave as they want
-law should only interfere in extreme circumstances

Question 3

R v Brown

Answer 3

15 Homosexual men engaged in sadomasochist activity and were convited of S.20/S.18 GBH

Question 4

Devlins approach to R v Brown

Answer 4

The ordinary/reasonable man would regard intentionally harming others with intolerant indignation or disgust
If we allow that we allow everyone to harm each other
Society should be protected from such immoral acts

Question 5

Harts approach to R v Brown

Answer 5

society should not interfere with peoples private life.
aslong as the activities don’t harm the wider society they should not be interferred with

Question 6

R v Brown AO3

Answer 6

Brown contradicts R v Lock
- nature of the activities (harm for sexual pleasure) was the same, but the outcome was different
-could be because in Brown the men were homosexual and in Lock the couple were heterosexual
-could be argued the courts are discriminating against homosexual individuals
However
-decision in Lock reflects the changing morals of society as society regards acts done in private for sexual pleasure as acceptable.