SOC346H5 Lecture 2: Week 2 - Jan. 13, 2017
Document Summary
What is crime = what is against the law limiting. This is a continual social process of expanding and contracting: no place the state in the bedroom of nations trudeau. Utilitarian principle = greatest benefit to the greatest number. Harm principle = define crime to prevent harm to others. It"s in human nature to blame and punish (bring justice to someone) It doesn"t need to be utilitarian or to make sense. We assign blame on a risk probability (mercury contamination) Law and morality are therefore in harmony. Homosexually and prostitution (private morality state has no business). The proper role of law would be to not intervene in these matters. Devlin response: certain standard required to be observed by society. He says it is the place of the law to enforce these moral principles. Immorality is based on what a reasonable person assumes to be immoral. You can"t punish people because other people object to it.
