On The Justication Analysis Of Legal Enforcement Of Morality

The 20th century,60 years,Hart and Lord Devlin on homosexuality,prostitution and other acts related to sexual ethics should be wrong as the crime of criminal punishment engaged in a fierce debate.The cause of controversy from the United Kingdom published in 1957, "Committee on the wrong crime and prostitution gay issues",that is,"Wolfenden Report." At that time,the United Kingdom for the indecent assault,homosexuality,prostitution and other acts of the phenomenon of a large number of prosecution,the report recommends the removal of criminal sanctions against homosexual acts.The reason is:only homosexual acts of personal privacy choices and moral behaviors,even if they are generally considered to be immoral,the law should not be punished for this penalty,the need for privacy and non-moral and moral leave their site.The law should only be concerned about the violation of public order,as well as the need for appropriate sexual behavior.The "Wolfenden Report" point of view,the conservative Lord Devlin advocate:to be compulsory by law to punish homosexuality,prostitution and other acts in order to protect the cornerstone of society,the existence of shared moral.Shared moral society is the formation of people's social ties linking the invisible,the relaxation of moral bonds is often the first step in social breakdown,deviate from the behavior of these moral tolerances and ultimately lead to social breakdown.Therefore,the community has the right to deviate from the sharing of the application of criminal law and moral acts.Lord Devlin's theory for the point of view,Hart criticized the theoretical point of view Devlin.Lord Devlin reveals the social and moral all to share as "a seamless web," the social equivalent to the concept of the Community,and in the absence of any adequate proof of the basis of historical experience in order to maintain the grounds of social existence,It has been advocated as a corollary to the law enforcement point of view of moral error.Clear that the moral law itself is a mandatory community-based utilitarianism;and moral conservatism will deviate from the shared moral acts is the object of repression,which is essentially the collective feelings of being offended for the elimination of resentment against the imposition of a small number of people unreasonable power,is a violation of the interests of individual freedom.Hart invoked Mill the "harm principle" and the right to freedom of the theory of the basic ethical and moral distinction between general,demonstrates the moral legitimacy of non-law enforcement;critical moral and ethical argument is the legal enforcement of morality sexual immorality;further evidence of ethical conduct has become the privacy arguments from the law enforcement.The final analysis,Hart and Devlin debate is in essence a community-based and liberal-conservative debate,the core of Hart and Devlin debate is the common focus of the legal and moral legitimacy to enforce moral and Compliance issues,their common point is a fundamental issue:the collective interests of society and individual freedom dilemma contradictory achieve the healthy development of society in the interests of the whole process of the realization of the right to personal freedom and how to achieve a balance between the co-existence and harmony.In this essay,introduction,four chapters constitute the main body and conclusions.In the introduction part of the legal enforcement of moral issues a brief introduction on the scope of this article with the purpose of the study,which leads to the following discussion.After the first part of introducing the "Wolfenden Report" issued by the social background and the main basis of the views,respectively,Lord Devlin and Hart on their views of the comb briefly.A general introduction to Hafts "law,freedom and morality" of a book on the structure and content ideas.Second,third and fourth parts,further in-depth analysis of Lord Devlin and Hafts debate, from both the theoretical debate from their point of view,arguments,theories and other aspects of sources,respectively,to be described in detail.After that,on Hart's view on the criticism of Devlin to conduct in-depth analysis.By Hart and Lord Devlin's view of their own compared to the initial study summed up the views of this article,Hart and Devlin explained the similarities and differences of ideas.Collective interests of society and individual freedom conflict of interest dilemma,trying to do the development,analysis of solution ideas.The chapter concludes by summarizing the ideas of Hart's legal theory and practical contribution to the progress and shortcomings.The concluding part of this essay,has done a summary of the full text of the summary of the law enforcement response to the moral as well as the plight of the issue still exists on the views of this essay.And Devlin debate is an analysis of Hart,the new thinking of Positivism Law,one of the three classic debate.Legal enforcement of morality is also a regular new topic.Hart Law profound thinking,this article seeks to debate in this analysis,based on a legal theory of Hart into deeper core values and the spirit of Hart Law further enrich the thinking of research, deepen the legal enforcement of moral theoretical understanding of...