SOC379H5 Lecture Notes - Lecture 1: Serial Killer, Strict Constructionism, H. L. A. Hart
Document Summary
Hagan: law and morality: mill/hart vs. stephen/devlin, drugs and morality offences. What is crime = what is against the law . Idea seems limiting: suggests that it is a continual process ( a social process) that expands and contracts. Trudeau from 1967: private vs. public, law should not be governing your private behavior, the law should not be in the bedrooms. Hla hart: individual liberty central; unless you"re doing something that is going to cause harm to someone else, using the law to protect people from harm, can"t think of distress caused by actions as a harm: Punishing people because some people object to an act. What of liberty (liberty is central to him)- liberty becomes nothing: rationalize law beyond morality. Or have tyranny of majority: kim davis: refused to issue marriages to same-sex marriages, inhibiting peoples liberty, not about harm to your principles, a physical harm law is supposed to prevent physical harm.
