Which theorist believed laws against prostitution were necessary to protect public morality?

The theorist who believed that laws against prostitution were necessary to protect public morality is Devlin. His perspective is rooted in the view that law has a fundamental role in upholding societal norms and values. Devlin argued that a society's moral fabric could be jeopardized by behaviors deemed immoral, such as prostitution, and that the law should step in to prevent such acts in order to maintain public morality.

Devlin's stance contrasts with the views of other theorists like Mill, who emphasized individual freedom and autonomy over moral constraints imposed by society. Mill would argue that the harm principle should guide laws, focusing on preventing harm to others rather than protecting societal morality. Similarly, Durkheim, while concerned about social cohesion, would view prostitution more as a reflection of social phenomena rather than a direct moral failing to be legislated against. Hart's legal positivism emphasizes the separation of law and morality, arguing that laws should not necessarily reflect moral judgments. Thus, Devlin's approach distinctly asserts the necessity of laws against certain behaviors, such as prostitution, as a means of safeguarding the collective morals of society.