The Hart V Devlin Debate

As societies expanded due to the economic demands posed by the Industrial Revolution, Durkheim said that the moral ties which bounded society together were weakened. Therefore, as society became more complex, a mechanism was engineered to effectively regulate these relationships and the result was the legal system[5]. The codification of moral behaviour, through laws, created guide-lines for large-scale societies. The foundation of these boundaries is in effect a function of crime and deviance, because without crime and deviance, on what basis would these laws be drafted upon?

John Stuart Mill (1806 – 1873) is recognised as one of the most prolific thinkers of the nineteenth century, whose liberal political philosophy has influenced intellectuals and political theorists for decades (Feinberg, 1986). At the same time, Mill's utilitarian approach to society at large reveals sensibilities and moral considerations that enhance his liberal attitudes in the most surprising ways. According to Losurdo (2011), it is widely believed that Mill is one of the greatest opponents of paternalism, supporting individuals' liberty and autonomy. However, Mill is also accused of overt sentiment, ignorance of natural rights, or a diversion from original conceptions of Utilitarianism. As a result, this essay is concerned with his conception of individuality, as discussed in his On Liberty (1859), investigating how this notion, based on individual liberty and autonomy, opposes social control and paternalistic policies.

All societies have rules and regulations as well as penalties for those who violate them. There are numerous theories about the philosophy behind these laws and punishments, and the reasons we implement them. A short analysis of two of these perspectives can shed light on the differences between the various ideas while illustrating that, in reality, each theory carries some validity.

Mill claims that his purpose in writing on liberty is to assert what he describes one very simple principle. The principle that ought to govern society and that principle has come to be known as the harm principle. The individuals own good either physical or moral is not a sufficient warrant for societal intervention. The individual cannot rightfully be compelled to do or not to do because it will be better for him to do so because it is better for him to do so because it will make him happier.

Criminal law is a construct of the government, enforced through tangible measures. In a democratic society, the government is elected by the citizens, and as such, laws are generally conceived with the aim to reflect whatever ethical or moral standards are presently acceptable. However, in order to be truly effective, some legislation must circumvent current sociological viewpoints in order to create laws that are genuinely in the best interests of society. This results in a delicate balancing act, as lawmakers attempt to weigh the views of the majority against the need for laws to be both reasoned and objective.

For the public, a shocking judgement has arised from the Supreme Court of Canada on Hart’s trial—a man accused of drowning his three-year-old twin daughters. The Court ruled that videotaped confessions were inadmissible and the murder charges against Nelson Hart would be withdrawn due to insufficient evidence. For such a heartbreaking loss, the conclusion of this case seems confusing at best. However, with examination into the tactics used by undercover officers in an attempt to secure Hart’s confession, the Court uncovers injustice and emotional manipulation which disputes the legitimacy of the operation.

Mill’s harm principle of ““One should not interfere with other people’s lives unless those people are doing harm to others” (p.G3), is in other words, if a person do not cause harm to others, there is no reason to prevent his/her actions. Mill’s belives that an individual is the supreme sovereign of his/her own acts. Even when the decisions taken may be some harm upon him/her, the responsibility of these actions is only on the individual.

Mill claimed that there must be unconditional rejection of paternalism by the state, only invalidated to prevent persons from selling themselves into slavery. Reinforcing his case Mill argued that paternalistic intervention is unlikely to work because an individual is acutely more aware of his or her own needs than the state is. Additionally, he argued that it is improbable compulsion would work. This can also be taken into account in the form of liberty. Mill alleges that an autonomous life has more value than a life of dependency, since one cannot be forced to be autonomous paternalism has a damaging effect on an individual. As a contemporarily relevant issue, Devlin indirectly delivers his rebuttal to paternalism by embodying a stance on homosexuality. He defends societies right to protect its own existence by vetoing behavior that threatens its sustainability, since homosexuality is detrimental to society that union has a right to prohibit it. This is consistent with Devlin's definition of "tangible harm", described as a harm that instigates a diminution of the physical strength of society. When practiced in trivial quantities these activities can be harmless, however as its participants

Mill’s belief promotes that each individual’s opinion is important and therefore should be listened to by the government. The government would not be able to turn a blind eye to a minority; this is one of many influences on classical liberalism. In classical liberalism the government has limited say in the economy and ensures that everyone has the right to his or her freedom of opinion. An

In regards to morality, Mill anchors its definition on the premises of the greatest happiness principle stated above. Unlike Aristotle who puts emphasis on the agent (the person themselves) in regards to acting morally, Mill is very indifferent and states that the character of the person and their motives do not matter only the consequence of those actions matter. For Mill, the morality of the action only depends on whether that action will produce pleasure for greatest number of people. As state before, he explains that pleasure leads to happiness, and happiness is the ultimate goal of each individual. However, morality is “the rules and precepts for human conduct,” and not simply the causes of human behavior. Desire may drive human actions, but that doesn’t mean that desire should propel human actions. Morality is the ideal, not the reality.

Introduction: In today's societies, the government and criminal justice systems very much related to ethics because they both establish and carry out definite rights and duties. They also attempt to prevent and/or hold anyone accountable that deviates from these standards. (Wright 2012)

Before Mill could analyse the concepts of Utilitarianism his first action was to break down any barriers that caused people to turn away from its insights. All actions exist as a means to promote a particular end; thus an action may only be deemed right or wrong based on the desired outcome of said action. If the sought out ends cause suffering towards others, the actions will be considered to have been bad; just the same as if an end causes happiness, the actions that caused this result will be deemed as good. Therefore, having a standard as to how humans can be judged between good and bad is necessary. Mill argues that “particular truth precedes general theory” (p. 2), unlike the rules of applicable sciences we know of, ethics demands ‘general laws’ in order for

Freedom is a necessary principle to abide by in order for the human race to function. On the other hand, freedom can be taken advantage of, thus resulting in harmful consequences to those directly and indirectly involved. The article, “On Liberty” by John S. Mills, places emphasis on the functioning of individual liberty and its co-existence with society. Mills stresses the limits of individual liberty through what is famously known as his Harm Principle: "the only purpose for which power may be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant" (Cahn). With special consideration placed on drug use and free

I will be explaining John Stuart Mill’s view on ethics. This includes explaining the “Greatest Happiness Principle”, happiness, unhappiness, quality of pleasure, lying, and the relevance of time with his view. I will then explain how I agree with the principle of Rule Utilitarianism. I will also consider the objection of conflicting rules in Rule Utilitarianism as well as that of negative responsibility, giving my response to each.

The laws concerning the minimum drinking age in this country sometimes seem ridiculous and unnecessary. In this paper, I will discuss why certain laws are unfair and I will provide alternatives to certain problems concerning underage drinking and binge drinking.