JPI, 2022; 16 (39): page 514
Cloak of Law on Stature of Morality:
a critical view on Patrick Devlin's attitude toward legal enforcement of conventional morality
Mohammad Najafi Kalyani
1
| Seyyed Mohammad Hosseini
2
| Kaveh Behbahani
3
|
Hossein Dabbagh
4
1. Ph.D. Candidate of Public Law, Allmeh Tabatabaei University, Tehran, Iran. E-mail: mohammadnajafi874@gmail.com
2. Corresponding Author, PhD Candidate of Public Law, Allmeh Tabatabaei University, Tehran, Iran. E-mail:
mohammad.hosseini4313@gmail.com
3. Lecturer at Hafez Institute of Higher Education, Shiraz, Iran. E-mail: kaveh.behbahani@hafez.ac.ir
4. Lecturer at Higher Education Institute for Cognitive Science Studies, Tehran, Iran. E-mail: hossein.dabbagh@bsg.ox.ac.uk
Article Info ABSTRACT
Article type:
Research Article
Article history:
Received 13 Novamber 2021
Received in revised 6 January
2022
Accepted 9 January 2022
Published online 22 September
2022
Keywords:
legal enforcement of morality,
ethics, “legal moralism
conventional morality, function
of the criminal law.
The relationship between morality and law is one of the issues that has provoked
considerable controversies. Among others, an important discussion is whether
obeying “conventional morality” in public and/or private spheres should be legally
enforced by legislators. In this paper, we will look at the controversies over the issue
of the “legal enforcement of morality” in the well -known debate between Herbert
Hart and Patrick Devlin. In light of Richard Hare's moral philosophy, we will begin
by distinguishing three realms of morality. We will then clarify Deviln's view on
“conventional morality”, employing the terminology derived from Hare's moral
philosophy. After elaborating the implications, consequences, and roots of
“conventional morality” in Devlin's view, we will turn to the relation between law
and “conventional morality”. Finally, we will criticize Devlin's approach and
highlight our objections to his account. By showing the flaws of Devlin's conception
of “conventional morality,” we will challenge her legal view of morals.
Cite this article: Najafi Kalyani, Mohammad; Hosseini, Seyyed Mohammad; Behbahani, Kaveh; Dabbagh, Hossein. (2022).
Cloak of law on stature of morality: A critical view on Patrick Devlin’s attitude toward legal enforcement of
conventional morality. Journal of Philosophical Investigations, 16(39): 514-532. DOI:
http//doi.org/10.22034/JPIUT.2022.48958.3050
© The Author(s). Publisher: University of Tabriz.
DOI: http//doi.org/10.22034/JPIUT.2022.48958.3050