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The Natural Law Theory And Legal Positivism

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The first thing to establish is the different theories that revolve around this topic to gain an understanding of the different views. The main two perspectives are known as the Natural Law theory and Legal Positivism. Natural law theorists claim that morality and law

A significant debate on this topic was stimulated by Wolfenden Report 1957 in England which led to the famous debate between H.L.A Hart and Lord Devlin . The report is about the recommendation of legalising homosexuality and prostitution as law should not intervene within everyone’s private lives. This view was supported by Hart as he believed that the law should not enforce moral codes and everyone should have the right to privacy. Hart also believed that what may be required by law might be prohibited by one’s morals and what law may prohibit is morally unacceptable which presents that law and morality do not interlink together . On the other hand Lord Devlin argues that law should reflect morals so there is a sense of social solidarity. He states that “society is not something that is kept together physically; it is held together by invisible bonds of common thought” meaning laws are there to uphold society’s morals and without this connection society would disintegrate. Whereas Hart retaliates saying “There is no evidence that the preservation of a society requires the enforcement of its morality as such” . He believes there does not need to be a strong relationship or link between law and morality for
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