Essay On The Possibility Of Sado-Masochistic Practices

It is appropriate to say that there has been an ancient power struggle between morality and legal authority. The tenacity of sado-masochistic practices has further tugged the ropes of these concepts apart as arguments have risen about the interference of the law in private and consensual activities on the basis of the preservation of the moral fabric of the society. There is a view, that courts should maintain a residual power to control moral issues, physical harm or not. However, according to the harm principle, ‘…the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant’ Despite this principle, the position of criminal law on the society’s sense of morality and an individual’s right to privacy and freedom has remained a turbulent one. Particular emphasis is given to this …show more content…
They took this view because , in their estimation it was not in the public interest for persons to cause actual bodily or to wound others for no reason. The decision of whether an individual can consent to harm presents a moral dilemma in the judiciary, leading to many arbitrary deceptions which are in clear need of resolution, also not further made easy by the decision in R v Brown.
Also, following the decision of Lords, a lot of unresolved issues were at stake.:
Where and when should a line be drawn between violence which one can consent to, and violence that one cannot consent to?
What business does the law have with acts taking place, with the active consent of all the participants, in private, in the absence of express legislation, making such acts