HLA Harts Viewpoint Concerning Morality and Law Free Essay Example, 2500 words

Hart was adamant in the belief that democracy cannot be fully realized when the rights of the minority are lawfully violated. This paper examines Hart s viewpoint regarding the legitimacy of a person's freedom is restricted simply because it conflicts with society's collective morality and a discussion on moral obligations that conflict with abeyance and enforcement of an unjust law. In the 1960s, the conservative viewpoint was championed by Lord Patrick Devlin who argued for the use of law to preserve morality and thus society itself. This philosophy recommended punishment for violating society s morals which he ambiguously defined as being that which would disgust a right-minded person. In this case, Arthur s fashion choice, by law, disgusted a so-called right-minded person. Therefore, his act was deemed rebellious and immoral by society. The conservative viewpoint, though credible in its intent, is indefinite as to its parameters. This compels subjective judgments in criminal cases intended to relieve a person of their freedom. This viewpoint further held that criminal prosecution had the ability to alter individual behaviour with little to no regard for differences among cultures. Hart opposed this viewpoint explaining that immorality does not jeopardize society. We will write a custom essay sample on HLA Harts Viewpoint Concerning Morality and Law or any topic specifically for you Only $17.96 $11.86/page These two clearly defined ways of thought regarding the making of laws has been the subject of much public and legislative discussion. The understanding of these viewpoints is paramount to society as a whole as controversial topics such as euthanasia, drugs and prostitution continue to be introduced to the revision of the law.