This incisive book deals with the use of the criminal law to
enforce morality, in particular sexual morality, a subject of
particular interest and importance since the publication of the
Wolfenden Report in 1957. Professor Hart first considers John
Stuart Mill's famous declaration: "The only purpose for which power
can be rightfully exercised over any member of a civilized
community is to prevent harm to others." During the last hundred
years this doctrine has twice been sharply challenged by two great
lawyers: Sir James Fitzjames Stephen, the great Victorian judge and
historian of the common law, and Lord Devlin, who both argue that
the use of the criminal law to enforce morality is justified. The
author examines their arguments in some detail, and sets out to
demonstrate that they fail to recognize distinction of vital
importance for legal and political theory, and that they espouse a
conception of the function of legal punishment that few would now
share.
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