SOC379H5 Lecture Notes - Lecture 2: Wolfenden Report, H. L. A. Hart, Harm Principle
Document Summary
Soc379 lecture 2: what is crime = what is against the law . Where we are in society: utilitarian greatest benefit to greatest # Harm principle: define crime to prevent harm to others, trudeau 1967, mill, stephen. "there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law"s business. To say this is not to condone or encourage private immorality. : devlin: This is a victimless crime; this has to do with injury to society. Number of crimes that force morality, proof that law is above morality. Immorality = what reasonable person thinks: hla hart. Individual liberty central: this is your ability to do something not be hindered, cant harm that central principle. Can"t think of distress caused by action as a harm: punishing people because some object to an act. Rationalizing the law: what of liberty. Liberty is very limited in this light. However, they are legally entitled to it.
