Lord Devlin's Relation Between Law And Morality

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Lord Devlin’s preoccupation is for society and his theory purports to be a practical and workable moral theory for fallible human being when he says that ‘ social reformers are not as patient as philosophers and we have not waited for minority groups to attain moral integrity” and that those who over emphasize individual freedom fail to realize that “the pimps leading the weak astray far outnumber spiritual explores at the head of the strong” whereas Professor H.L.A Hart’s primary concern goes to the freedom and right of self-determination of the individual and a lesser value on tradition and public opinion. It is clear that their approach to morality is different, where Lord Devlin is looking for consensual morality meanwhile Professor H.L.A Hart is concerned with amalgamation of moralities.…show more content…
Therefore, Lord Devlin based on consensual morality has focused more on the enforcement of morality according to the general concept of society. To understand the relationship between law and morality, Lord Devlin has proposed a set of rules. Firstly, the requirement of general sense of right and wrong in a society which is known as common morality as it is a right-minded value that should be maintained by the law. Secondly, there may be bad laws, bad morals or bad societies due to the reason that the law might not serve the society but destroy it even though it is a valid law and provides profit to some people in the
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