Moral Goals and Legal Coercion: Philosophical and Legal Arguments of Patrick Devlin
The paper analyzes the arguments of the British jurist P. Devlin on the possibility of ensuring the achievement of moral goals by legal means. The views of P. Devlin and his debate with H. L. A. Hart gave rise to deep discussions on the relationship between moral and legal prescriptions in legisl...
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| Format: | Article |
| Language: | English |
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Omsk State Technical University, Federal State Budgetary Educational Institution of Higher Education
2021-09-01
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| Series: | Омский научный вестник: Серия "Общество. История. Современность" |
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| Online Access: | https://www.omgtu.ru/general_information/media_omgtu/journal_of_omsk_research_journal/files/arhiv/2021/%D0%A2.%206,%20%E2%84%96%203%20(%D0%9E%D0%98%D0%A1)/64-68%20%D0%94%D0%B8%D0%B4%D0%B8%D0%BA%D0%B8%D0%BD%20%D0%90.%20%D0%91..pdf |
| Summary: | The paper analyzes the arguments of the British jurist P. Devlin on the possibility
of ensuring the achievement of moral goals by legal means. The views of P. Devlin
and his debate with H. L. A. Hart gave rise to deep discussions on the relationship
between moral and legal prescriptions in legislation and the search for moral
grounds for legal norms and practice of its application. The paper also reconstructs
P. Devlin’s arguments on the specifics of the application of the principle of harm
compensation in assessing actions that contradict public morality |
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| ISSN: | 2542-0488 2541-7983 |