Legal Protection of the Value of Public Morality: The Hart-Devlin Debate

10 Pages Posted: 2 Feb 2016

See all articles by Dawid Bunikowski

Dawid Bunikowski

Ronin Institute for Independent Scholarship, Department of Philosophy; University of the Arctic; Cardiff University, Centre for Law and Religion; University of Eastern Finland, Law School

Date Written: January 31, 2015

Abstract

One of the most famous legal discussions was the Devlin-Hart debate in the late 1950s in England. It seems that even nowadays not only liberal but also conservative aspects of understanding the law are still important for the law-makers (freedoms and rights v. tradition and integration). I propose to go back to Lord Patrick Devlin’s theory of law and Herbert Hart's critique (with Ronald Dworkin's support). My aim is also to analyse the value of public morality in law in general. Should we protect public morality by law? Why? What is public morality then? The debate showed us some universal insights on this value.

Keywords: law, morality, public morality, value

Suggested Citation

Bunikowski, Dawid, Legal Protection of the Value of Public Morality: The Hart-Devlin Debate (January 31, 2015). Available at SSRN: https://ssrn.com/abstract=2725388 or http://dx.doi.org/10.2139/ssrn.2725388

Dawid Bunikowski (Contact Author)

Ronin Institute for Independent Scholarship, Department of Philosophy ( email )

127 Haddon Pl.
Montclair, NJ 07043-2314
United States

University of the Arctic ( email )

Rovaniemi, Lapland
Finland

Cardiff University, Centre for Law and Religion ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

University of Eastern Finland, Law School ( email )

PO Box 111
Joensuu, 80100
Finland

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