Law and morality: the Hart/Devlin debate: Practice Questions

• a.The application of a mandatory minimum sentence regardless of the circumstances of the offender.
• b.The redistribution of societal wealth and resources to ensure economic equality for all citizens.
• c.A judge ensuring that the final outcome of a case aligns with contemporary moral standards.
• d.The requirement that a defendant is given a fair hearing by an impartial tribunal following established rules of evidence.

• a.C) Private acts are impossible to prove in a court of law under the rules of evidence.
• b.A) The state lacks the financial resources to police private behavior.
• c.D) Because private behavior is governed solely by the Church and not by the State.
• d.B) To preserve the individual's right to freedom of choice and personal responsibility in private matters.

• a.Individuals should have total freedom of choice in private as long as they are adults.
• b.The law should only punish actions that cause physical harm to others.
• c.Morality is a private matter and should never be regulated by legislation.
• d.Society has a shared morality, and its preservation is essential to prevent society from disintegrating.

• a.C) The 'man on the Clapham omnibus' who reacts to a behavior with 'intolerance, indignation, and disgust'.
• b.D) A person who believes that all individuals should have absolute freedom regardless of social consequences.
• c.B) A judge with decades of experience in the High Court.
• d.A) An expert in moral philosophy who uses cold logic to evaluate behavior.

• a.D) The utilitarian view that the prosecution was invalid because it did not maximize happiness.
• b.B) H.L.A. Hart's view that the law should only intervene to prevent physical harm to others.
• c.A) Lord Devlin's view that the law should protect the shared morality of society to prevent its disintegration.
• d.C) The positivist view that law and morality are entirely distinct and separate concepts.

Write your answer out first, then check it against the worked solution.

Write your answer out first, then check it against the worked solution.