Law, Liberty and Indecency

Philosophy 49 (188):135 - 147 (1974)
  Copy   BIBTEX

Abstract

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 76,215

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2010-08-10

Downloads
11 (#845,670)

6 months
1 (#449,220)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

David Conway
University of Essex

Citations of this work

Add more citations

References found in this work

No references found.

Add more references