Hart And Ruther's Report

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the relationship of law and morality was brought fore in the famous Hart and Devlin debate, which was an argument about the Wolfenden report in 1957.. The report suggested the legalisation of prostitution and homosexuality on the particularly utilitarian basis that the law ‘should not intervene in the private lives of citizens or seek to enforce any particular pattern of behavior further than necessary’ to protect others. Hart, who was a positivist was influenced by the theories of Mill, supported the report’s approach, stating that legal enforcement of a moral code was unnecessary because a pluralist society won’t suddenly disintegrate, undesirable as it would prevent development of morality, and in fact morally unacceptable as it interferes

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