Law And Morality Essay

Should the aim of law be primarily focused on the protection of individual liberty or, instead, the normative goals aimed at the good of the society? The question of law and morality is difficult mainly because it needs to be addressed with current social conditions that exist, the morals and values that the particular society has. In general, the laws in any society should not only be focused on regulations, but it should also protect individual’s liberty. Devlin debate was based on deciding whether law should enforce morality. He debated about what the law ought to be and whether morality should be enforced by law to form a good society. Furthermore, John Stewart Mill did not write specifically on law and morality. His argument constituted mainly on the anti-enforcers side of law and morality because he believed in individual liberty. John Stuart Mill's assertion that the only justification for limiting one person's liberty is to prevent harm to another
Mill believes individual should be given liberty to do what they want unless they harm others. According to Mill, liberty should not be enforced by law as any imposing would lead to breach of individual liberty. On the contrary, Devlin claimed that if society has the right to make judgments it can also use the law to enforce it. He said that society does have a right to use the law to preserve morality in order to safeguarding social morals. Further Devlin said that the law is not looking for true belief but what is commonly believed by individuals in a civil society as a whole. He said that the judgment of the “right minded person” will prevail and immorality would be something which the those people will consider immoral. For example, murder and theft are prohibited because t...

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...r people would recommend, and it should never be curtailed by social pressures. In summary, then, Mill emphasized that individual citizens are responsible for themselves, their thoughts and feelings, and their own tastes and pursuits, while society is properly concerned only with social interests. In particular, the state is justified in limiting or controlling the conduct of individuals only when doing so is the only way to prevent them from doing harm to others by violating their rights. Based on Mill’s view and where he drew the line between private and public is that the society should not endeavor to limit persons drinking for example, but rightly prosecutes individual for harming others while drunk. But if the conduct the person chose clearly results in the harm just to that one person, the government has no business in even trying to suppress that behavior.