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Morality (Everything) - Coggle Diagram

- - - - "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".
  - - - Fragmented society = confusion as to moral outlooks
      - Speed of changed led to confusion in moral outlook
    - - 'Anomie'
    - - Pluralistic society
    - - The report stated that "there must remain a realm of private morality and immorality which is, in brief and crude terms, is not the law's business"
        
        This recommendation eventually led to the Sexual Offences Act 1967
  - - - The argument centred on individual moral freedom and social control
    - - Argued that a key function of law was to enforce the dominant morality in society. Society has the right to protect itself. The consequence of not doing so would be social disintegration.
        
        Devlin believed when the feelings of society towards something were feelings of disgust and that it's presence in society was an offence then society may eradicate it.
        
        Must be shared morality and 'acts so gross and outrageous must be prevented at any cost'
      - Devlin argued that popular morality should be allowed to influence law making, and that even private acts in your own home should be subject to punishment if they were held to be morally unacceptable by the "reasonable man" (the majority)
      - Devlin wanted to protect the moral fabric of society
    - - In 'Law, Liberty and Morality' Hart argued that the law should not interfere with private morals. This would undermine and violate individual freedom and especially where no harm was caused to others.
      - Using the law to enforce moral standards was:
        
        Undesirable - freeze morality
        
        Unacceptable - infringes on the freedom of the individual
        
        Unnecessary - many moral standpoints without disintegrating
      - Hart supported JS Mill that the law had no business infringing with private acts that harmed nobody
      - Law should not uphold morals:
        
        Punishing offender harms them when they have done no harm to others (Brown)
        
        It is wrong to interfere with individuals right to free choice
        
        Exercising free choice = experiment and learn
        
        Suppression of sexual impulses affects the development of an individual's emotional life, happiness and personality
  - - - Law should not be impossible to comply with
      - Law should not retrospective
      - Law should be well considered
      - Law should be clear and understandable