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The Legacy of H.L.A. HartLegal, Political, and Moral Philosophy$
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Matthew H. Kramer, Claire Grant, Ben Colburn, and Antony Hatzistavrou

Print publication date: 2008

Print ISBN-13: 9780199542895

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199542895.001.0001

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Hart and the Liberalism of Fear

Hart and the Liberalism of Fear

Chapter:
(p.315) 17 Hart and the Liberalism of Fear
Source:
The Legacy of H.L.A. Hart
Author(s):

Alan Ryan (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199542895.003.0017

This chapter explores Hart's debate with Lord Devlin over the legal regulation of homosexuality — a debate largely sparked by the publication of the Wolfenden Report in 1957. It observes that Hart's esteem for the valuable functions of law was coupled with a recognition of law's dangers, and that Hart upheld the liberal ideals of John Stuart Mill by insisting that the proper role of government is to allow individuals to pursue multifarious objectives and ways of life.

Keywords:   John Stuart Mill, H. L. A. Hart, homosexuality, Wolfenden Report, liberalism, Lord Devlin

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