Law and morality: the Hart/Devlin debate：練習問題

• 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.

まず自分で答えを書いてから、解説と照らし合わせましょう。

まず自分で答えを書いてから、解説と照らし合わせましょう。