PHIL 325 Lecture Notes - Lecture 3: H. L. A. Hart, Wolfenden Report, International Standard Book Number
Document Summary
The wolfenden report explicitly demarcates sin (immorality) from crime, claiming that it is not the function of law to intervene in private lives or seek to enforce particular behavior. In morals and the criminal law , patrick devlin challenges this conclusion, arguing that society cannot live without public morality. In your essay: 1) explain devlin"s justification for rejecting the wolfenden report and briefly discuss the first two of the three questions he addresses; 2) critically assess. In morals and the criminal law, patrick devlin argues that the criminal law is to protect society from moral decline and not solely individuals of the community. 1. In summary, his arguments surround, freedom of choice and privacy of morality. This is because devlin believes that society is fabricated by morals that hold a community together. Consequently, devlin discusses the wolfenden report, stating, immorality and private morality is not the function of law to intervene; it is not the law"s business. 3.