In section i, I sketch the main arguments to date for legal moralism, And show the ways in which they are unpersuasive. In sections ii and iii, I sketch and evaluate a seemingly compelling argument, Dependent on the concept of wrongful conduct, For the weak thesis that the immorality of conduct is a reason, But not a sufficient reason for making it illegal. Despite the apparent persuasiveness of this argument, The particular conclusions of the legal moralist, That various non-Harmful immoralities (...) ought on balance to be criminal, Do not obviously follow. Finally, Once the argument for the weak thesis is understood, Even its initial persuasiveness is undermined by considerations of legal philosophy. (shrink)

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based (...) on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending. (shrink)

A law, say, prohibits homosexual conduct or punishes the prostitute for plying her trade. According to some it is a bad law, according to others a necessary one. Those who argue that it is a bad law do so on a variety of grounds—that it is sheer folly to try to change human nature by law, that such legislation can only be effective at the price of the right to privacy, that the punishment of acts arising from compelling desires is (...) cruel and excessive, that the law has no business meddling in what people do to others with their consent. Those who argue that it is a necessary law do so on one ground, that the act in question is immoral, and that what is wrong must be punished, lest the law itself fall into disrepute by failing to carry out a consistent campaign against wrong-doing. (shrink)

Mill predicted that "[t]he Liberty is likely to survive longer than anything else that I have written...because the conjunction of [Harriet Taylor’s] mind with mine has rendered it a kind of philosophic text-book of a single truth, which the changes progressively taking place in modern society tend to bring out in ever greater relief." Indeed, On Liberty is one of the most influential books ever written, and remains a foundational document for the understanding of vital political, philosophical and social issues. (...) In addition to its many useful appendices, this new edition includes a chronology, bibliography, and a substantial introduction which outlines Mill’s life and works, and sets this central work of 1859 in the context of both his own intellectual development and of the play of ideas and political forces in Victorian society. (shrink)

Seven essays delivered as lectures in Britain and U.S.A.