LAWS 1000 Lecture Notes - Lecture 4: Wolfenden Report, Individual And Group Rights
Document Summary
Conservatism= recognition of the role of community and social values. State can only step in to prevent harm to others. Your life is your own; you should act however you please, even if it means harming yourself. Only problem is that harm is very vague. The state should concern itself with its citizen"s sexuality. Devlin says societies are founded on the concept of what is good and bad. Mill believed at conservatism controlled creativity and stopped social progress. When we all recognize something as bad, we should legislate against it, since it is an evil in and of itself. Devlin: we should have freedom of thought, but freedom of action should have some control by the state. We should legislate fundamental morals we all adhere to. The supreme court was forced to explain in detail what exactly obscenity was. Feminists would say porn is harmful to women because it objectifies women.