Revisiting the Hart-Devlin Debate
19 Pages Posted: 21 May 2018
Date Written: January 19, 2018
The article reconsiders the Hart-Devlin debate. It begins with some peripheral observations not generally noted, including how sex was the issue chosen to illustrate the larger issue of when the criminal law should be used to enforce norms of conduct that exist independently of that criminal law; it considers how the debate relates to democratic concerns; and it concludes that in big picture terms it was Devlin, not Hart, who won the debate.
Keywords: Hart, Devlin, proper scope of the law, democracy
JEL Classification: K100
Suggested Citation: Suggested Citation