Arizona State University (ASU) CRJ100 Introduction to Criminal Justice Exam 1 Practice

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Which philosopher is associated with promoting the concept of legal moralism in the Hart-Devlin debate?

H.L.A. Hart

John Stuart Mill

Patrick Devlin

The concept of legal moralism in the Hart-Devlin debate is primarily associated with Patrick Devlin, who argued that the law should enforce moral standards to uphold society's moral fabric. Devlin believed that the state has a responsibility to intervene in matters of personal morality that threaten the social order and public morality. He posited that behaviors deemed immoral, even if they do not cause harm to others, could justify legal prohibition.

This perspective emerged during the debate with H.L.A. Hart, who advocated for a more liberal approach that emphasized individual liberty and the protection of personal freedoms unless actions cause direct harm to others. The contrasting views of Hart and Devlin highlight the tensions between moral standards and individual rights, making Devlin's contributions vital in this philosophical discussion on the role of law in reflecting societal morals.

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Jeremy Bentham

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