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."
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."
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-defence - 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."
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.
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 provides an analysis of the novel, which deals with the problems of drugs, violence and despair, and asks the question, "Can society repair itself?" The paper addresses this theme through an examination of the main character, a psychiatrist attempting to make a difference in an inner-city ghetto.
From the Paper "The story Ten Indians is set in the town of Baltimore and is set to relate the story of Mike Devlin who is a psychiatrist and yet, his own personal conflicts are creating turmoil within himself and his practice. Bell creates Devlin as a man who is isolated even in a crowd and who is unable to reconcile his inner and outer realities. His perceptions of events at times deceive him and the consequences are tragic.
Within our society is seen the presence of drugs, violence, and despair which seem to be so deeply ingrained in the culture that there is no solution to making things better. A lack of jobs and a welfare system that keeps people alive but provides little hope further inhibits social change and so arises the question can anything truly be changed? Or are the problems so intractable that keeping people alive is the best that can be done?"
Abstract In his memoir of the Vietnam War entitled "A Rumor of War", Phillip Caputo his experience as an ordinary soldier in Vietnam in explicit and vivid terms. He does so without any romanticism or any sense of higher purpose about the United States' goals in the conflict. The paper shows that, rather, Caputo writes to deflate those who might feel such romanticism about war. The paper discusses his use of dividing the book into three sections to portray his evolvement from naive, idealistic soldier to one who returns home feeling as if he has aged sixteen years.
From the Paper "During the second section, however, Caputo says he did try feeling some dignity in what he did, but a philosophical intelligence had intruded upon his consciousness that caused him to question things, even while he was committing misjudgments. "Whatever the rights and wrongs of the war, nothing can diminish the rightness of what you tried to do,? he reminded himself after his friend died. However, the gross reality of the battlefield inevitably intruded."
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 legalisation of such an institution to deliver a well-reasoned and thought-provoking case in favour 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."
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."
Abstract The paper looks at the theories of George Lakoff and Rafael Nunez, as well as those of Keith Devlin in order to explore if there are really any universal truths in maths. Set off by an excerpt from Robert Sawyer's novel "Computing God," the paper theorizes that there really are not any universal truths, at least none that can be defined until all forms of life are themselves defined. The paper points out that this is neither the quantification nor the metaphor and symbolism that math requires and uses.
Abstract The question of the intersection of law and morality is one that has been the subject of debate among philosophers and jurists for centuries. In this essay the debate between Patrick Devlin and H. L. A .Hart with respect to the relationship between law and morality is explored with reference to R. v. Butler, a decision of the Supreme Court of Canada on the question of obscenity. The paper argues that in the Butler decision the Supreme Court adopted the utilitarian justification - as described by Hart - in its approval of the limitation of the freedom of expression of Donald Butler.
