Abstract
In his classic essay, On Liberty, John Stuart Mill insisted that personal liberty could only be constrained if an individual's conduct was such that he (or she) was threatening the safety of others; in other words, state power could only be legitimately exercised over private citizens to prevent harm from befalling other members of the community. For his part, Devlin, in his own classic work, Morals and the Criminal Law, insisted that the collective interest takes precedence over individual prerogatives and that the community was well within its rights to suppress immoral conduct and vice. Over the next several pages, using R. v. Labaye as a starting-point, I will argue that the Supreme Court's decision in this matter is actually more in keeping with the sentiments of J.S. Mill than it is the view-points of Devlin - though the minority clearly echoes the viewpoint of Devlin that the state should enforce morality. With this part of the paper out of the way, I will then argue that I much prefer the J.S. Mill approach (and the majority's position) because, however distasteful it may be to many, "immoral" acts done in private after reasonable precautions have been taken to shield unwilling individuals from witnessing them - and which do not involve demonstrable harm to anyone - are not worthy of criminalization; people's sex lives should remain their own business unless damage to others is involved.

From the Paper
Law and Morality: Mill, Devlin, and the Proper Outer Boundary for Individual Rights In his classic essay, On Liberty, John Stuart Mill insisted that personal liberty could only be constrained if an individual's conduct was such that he (or she) was threatening the safety of others; in other words, state power could only be legitimately exercised over private citizens to prevent harm from befalling other members of the community. For his part, Devlin, in his own classic work, Morals and the Criminal Law, insisted that the collective interest takes precedence over individual prerogatives and that the community was well within its rights to suppress immoral

Tags:labaye, mill, devlin

Abstract
"The first tasks for the Supreme Court in the R. v Labaye (2005) case were to determine if the location was a common bawdy house and if the sexual acts were acts of indecency. The place where the acts occurred is pivotal in order for Mill's arguments to be applied. Devlin is relevant to the question of sexual acts being defined as acts of indecency. The majority opinion agreed with the trial judge that the crucial element in the case was that the sexual exchanges occurred in the presence of other club members. The philosophical theory underlying the majority's harm-based approach is found in Mill's argument that the only rightful purpose of state power over an individual is to prevent harm to others. "

From the Paper
#2. Mill v Devlin and the R. v Labaye Case The first tasks for the Supreme Court in the R. v Labaye (2005) case were to determine if the location was a common bawdy house and if the sexual acts were acts of indecency. The place where the acts occurred is pivotal in order for Mill's arguments to be applied. Devlin is relevant to the question of sexual acts being defined as acts of indecency. The majority opinion agreed with the trial judge that the crucial element in the case was that the sexual exchanges occurred in the presence of other club members. The philosophical theory underlying the majority's harm-based approach is found in Mill's argument that the only rightful

Tags:liberty, morality, law

Abstract
John Stuart Mill was concerned with the conflict between liberty and authority and the limitations on the authority that society can hold over the individual. Mill (1) stated that "The struggle between Liberty and Authority is the most conspicuous feature in the portions of history with which we are earliest familiar". Mill was not totally against the idea of government intervention, and he strongly believed that the rights of property owners had to be protected. Mill's (3) purpose was to discover and control the limit to the legitimate interference of government or collective opinion with individual autonomy. He observed that up to that time, there was no established principle for testing the rightness of wrongness of government interference.

From the Paper
2. Mill versus Devlin and the R. V. Labaye Case John Stuart Mill was concerned with the conflict between liberty and authority and the limitations on the authority that society can hold over the individual. Mill (1) stated that "The struggle between Liberty and Authority is the most conspicuous feature in the portions of history with which we are earliest familiar". Mill was not totally against the idea of government intervention, and he strongly believed that the rights of property owners had to be protected. Mill's (3) purpose was to discover and control the limit to the legitimate interference of government or collective opinion with individual autonomy. He observed that up to that

Tags:harm, morality, acts

Abstract
This paper discusses John Stuart Mill's notion of criminal law's purpose, in relation to Patrick Devlin's paper, "Morals and the Criminal Law", which refers to the discouragement of human vice or subversive activities, as decided by the moral standards of a society. The paper makes reference to the early 21st century crack cocaine prostitution phenomenon in the West to demonstrate the strength of Devlin's approach extra refs course texts as provided.

From the Paper
"The Purposes of Criminal Law - John Stuart Mill vs. Patrick Devlin. Introduction This paper discusses John Stuart Mill's notion of criminal law's purpose, in relation to Patrick Devlin's paper, "Morals and the Criminal Law", which refers to the discouragement of human vice or subversive activities, as decided by the moral standards of a society. (1965, 319) For John Stuart Mill, individuals were entitled to liberty as would encourage happiness, and only those threatening the well being of others in immoral, harmful practices, should be impeded. Devlin, however, shows a more instrumental approach to criminal law that can be seen to indicate our current understanding of criminality and criminal law in the present day, in North America."

Tags:devlin, j.s.mill, criminallaw

Abstract
This paper examines the theories of Lord Devlin and H.L.A. Hart - Two British philosophers who analyzed the concept of enforcing morals. It takes a look at these theories as applied in contemporary British society, compares their contents and argues about the relevance of their application today.

From the paper:

"Because of the diversity of cultural, ethical, and moral views and beliefs that obtain in contemporary Britain, the idea that the legal system may be used to legislate morality has become in the past generation ever more tenuous, casting doubt on both the philosophies of Lord Devlin and H.L.A. Hart. Both now seem to be limited in their philosophical application to legal and moral considerations in Britain in the 21st century; another way of saying this is to argue that when applied to British contemporary society Devlin?s theory on the enforcement of morality does not differ substantially from Hart?s at least in the legal implications of both. This paper examines this position."

Tags:political, cultural, enforce, legal, legislation, application, liberty, distinction, Western, state, life, society, system, radical

Abstract
A legal system reflects the priorities and issues of the society it serves. This paper considers the views of John Stuart Mill, the Hart/Devlin debate and Marxism to determine whether a legal system can or should be morally neutral.
Outline
Introduction
Mill on Individualism and Morality
The Hart-Devlin Debate
Dworkin
Marxism and Legal Morality
Concluding Comments

From the Paper
"John Stuart Mill was a prominent and prolific nineteenth century economist and philosopher. It is submitted that of all his published work it was his essay On Liberty , published in 1859 that inspired most profound reaction and longest-lived controversy. Mill's primary assertion was that individuals should only be morally accountable to themselves, unless their actions touch deleteriously upon the interests of society at large. Mill's thesis is that we should only seek to coerce others in self-defense - either to defend ourselves, or to shield others from harm. Since Mill's influential and ground breaking work was published the freedom of the individual has come to the fore and has been advocated as an essential component of a sympathetic, equitable and advanced legal system."

Tags:devlin, hart, marxism, john, mill, dworkin

Abstract
This paper evaluates how H. L. A. Hart and P. Devlin would assess the 1992 Canadian Supreme Court decision R. v. Butler. In so doing the paper clearly expresses an understanding of the debate between Hart and Devlin and applies the salient themes and or arguments of that debate to the Butler decision. Finally, the paper argues for one position or the other when determining whether or not the 1992 ruling was a just and equitable one. Specifically, the paper argues that Hart's position is more tenable than either Devlin's or the Supreme Court decision.

Tags:law, philosophy, hart

Abstract
This essay talks about the similarity between mathematical statements and language structures. What is essential to both is that there are fixed rules which determine what mathematical symbols have meaning and what do not. Language also functions in a similar way. As Keith Devlin states, all languages are variations on a single theme (Devlin 7). Thus, Both mathematics and language are governed by particular rules that are syntactically or structurally similar.

Abstract
This paper examines the writings of Anne Devlin, Louise Ehrdrich, Susan Power and Toni Morrisson and demonstrates how each of these writers have their female characters cope with the real trials of life by creating illusions.

From the Paper
"In Susan Power's, The Grass Dancer, and in Louise Ehrdrich trilogy Love Medicine, Beets, and Tracks the two Native-American writers show how Native-American women use illusions to control their lives, and create a mental image of men they can not possess. Powers writes, "She pretended she was beside Harley Wind Soldier, blowing gently on his breastbone. She would cool him down only to heat him up. She would trace the outline of his ear with his soft fingers of breath, touching him without touching him" (P. 19). Charlene loves Harley, but Harley loves Pumpkin. When Pumpkin dies, Charlene creates an illusion in her mind that her grandmother, the witch Anna Thunder, caused the car crash that kills Pumpkin. Charlene uses this illusion to escape the confines of the tribe and make peace with her past."

Tags:easter, ourselves, alone, ulster, irish, jazz, african-americans, violet, joe, beloved

Abstract
This paper examines the reasons why marriage is a relevant issue for homosexuals and whether it is a necessary and important legal concept. It looks at the arguments put against such a proposal drawing from religious views, particularly stemming from the Judeo-Christian tradition and also by examining views put forward by legal theorists such as John Finnis and looking at the Hart/Devlin debate. Through the use of case law, legal theories such as utilitarianism and sex discrimination and also by considering the jurisprudential views of Dworkin, Raz and Nordahl, it carefully deconstructs the arguments put against the legalization of such an institution to deliver a well-reasoned and thought-provoking case in favor of same sex marriage.

From the Paper
"According to Pope John Paul II, homosexual unions cannot be marriages "above all because the objective impossibility of being fruitful in the transmission of life, according to the plan inscribed by God in the very structure of the human being." Natural lawyers such as John Finnis are also keen to relate the argument that procreation is a condition for such an institution. However, in terms of same sex marriages what is perhaps rendered problematic in accepting Finnis' arguments are that they stem from the view that homosexuality and all homosexual acts are unnatural and immoral."

Tags:discrimination, jurisprudence, morality, religion, utilitarianism, homosexuality