Work in Progress: The Enforcement of Morals - An Historical Perspective
Work in Progress: The Enforcement of Morals - An Historical Perspective

Summary/Abstract: The problem of the enforcement of morals is, of course, a perennial favorite among modern western legal philosophers. In the Anglo-American world, it was not too long ago the subject of a heated controversy centering around what is commonly referred to as the HART-DEVLIN debate, which itself found its impetus in the famous Wolfenden Report (1956), advocating major reforms in the criminal law of homosexuality and prostitution. In a series of books, lectures, and articles, H.L.A. HART, LORDPATRICK DEVLIN, and other distinguished jurists and philosophers did much to clarify our understanding of this complex and difficult area of the law. Why, then, return to this well-ploughed field? It is not with the hope of refining the philosophical contro-versy that I do so, but rather in order to extend slightly the range of the discussion by approaching it from another perspective. This paper attempts to sketch a working hypothesis which I propose as a guideline for further reflection and research.

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