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9 Cards in this Set
- Front
- Back
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Devlin on privacy
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as far as possible privacy should be respected thus, in the formation of the law the claims of privacy will have to be weighed in the balance.
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Packers on two factors
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1. that it can be dealt with through even-handed and nondiscriminatory enforcement.
2. there are no reasonable alernatives to crime sanction for dealing with it. |
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Mills, Packer, hart, Devlin limits of the law
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there is no " principle limitation" of the law
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Devlin statement on abortion
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if prohabition of abortion causes unncessary misery, let it be amended, not abolished on the ground that abortion is not the laws business
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Devlins point concerning the duty of law makers
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the law makers of society have a duty to balance conflicting values
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devlin's reasoning
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a society is not just a people but a community of ideas. Common beliefs and the attitudes about right and wrong and common standards of conduct are necessary for society to exist. in order to preserve itself, a society has the right to, inculcate these beliefs, attitudes, and standards in its members and demand compliance with them. A shared morality, then, is essential to the health and existence of a society
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devlin's anaology and consequences
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Both may impair the intergrity of a society just as society has the right to use the law to prevent treason, so also it has the right to use the law to prevent immorality as such
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the author's critism on devlin
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Even if society has a right to use the law to prevent breaches of shared morality, it does not follow the society ought to use it.
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devlin two examples of our society forcing morality as such
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devlin argues that the crime of bigamy and that victim's consent is not a defense
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