Chapter

Social Solidarity and the Enforcement of Morality

H. L. A. Hart

in Essays in Jurisprudence and Philosophy

Published in print November 1983 | ISBN: 9780198253884
Published online March 2012 | e-ISBN: 9780191681431 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253884.003.0012
Social Solidarity and the Enforcement of Morality

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This chapter provides a discussion on social solidarity and the enforcement of morality. It focuses on the disintegration thesis. It mainly attempts to discover, when the ambiguities are stripped away, what the empirical claim which the thesis makes is and in what directions it is conceivable. The disintegration thesis is a central part of the case presented by Lord Devlin justifying the legal enforcement of morality at points where followers of John Stuart Mill and other latter-day liberals would consider this an unjustifiable extension of the scope of the criminal law. In addition, the chapter outlines the types of evidence that might conceivably be relevant to the issue if and when these difficulties are settled.

Keywords: social solidarity; legal enforcement; disintegration thesis; Lord Devlin; John Stuart Mill; criminal law

Chapter.  6068 words. 

Subjects: Jurisprudence and Philosophy of Law

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