PHILOS 3Q03 Lecture Notes - Lecture 22: Paternalism, Moral Relativism, Social Fact
27 Apr 2019
School
Department
Course
Professor
Document Summary
Learning outcomes: introduce the students to the response put forward by hart to the ideas of patrick devlin, highlight the relevance of john stuart mill"s work on public debates about the law and its limits. Hart compares these two points to start his argument. Hart asks moral questions: (1) should morality be enforced by the law? the only question delvin focuses on. Hart"s added question: (2 ) is it morally justified to enforced morality with the law, by addimg this question. Hart attempts to reshape delvin"s claim and questions about morality & law: Delvin provides a general principle, hart wants to be more specific. Devlin is providing us with a general moral principle a society may take the steps required to preserve its organized existence (page 369: this is not a moral principle adopted by practice in england alone. (positive morality) It is a principle that comes from reason itself. (critical morality).
