Essay on The notion that morality should be private

Submitted By edwin1967
Words: 1930
Pages: 8
Open Document
The notion that morality is, or should be private seems quite reasonable on the surface to some, however, it is hoped that by the conclusion of this discussion that one will be swayed that morality per se cannot be left to the individual conscience at all times, (if ever), indeed, it is societies overall responsibility to ensure that a general principle is adhered to in order for the protection of those who either wish to exercise ‘freedoms’ autonomously, or protect those who maybe affected directly or indirectly by such actions. In order to demonstrate the above, this argument will concentrate on one issue which has been identified as causing concern in certain quarters who regularly address the question of morality within society and applying such laws to govern its citizens. The issue which going to be addressed in this discussion is that of prostitution First it would be prudent to focus on Professor Hart and Lord Devlin who came into contact with each other when debating private morality and the law. Hart Professor of Jurisprudence at Oxford, maintained that the law had no business concerning itself with matters of private morality. Devlin viewed by many of his day as a 'liberal' judge, however, thought differently. He argued that:

‘whether it was the law's business or not – [ and he thought that sometimes it might be] - the law was clearly engaging in it all the time’ 1

He produced numerous examples to illustrate his case. Hart then made what Edgar Lustgarten used to call his fatal error. He wrote that many of the examples which Devlin had cited were:

not of interference in private morality as such but of justifiable paternalism by the state.2

In essence what this meant was the notion that one persons viewpoint ‘paternalism’ was another persons interference in private morality ie; forcing someone to do or, more usually, to refrain from doing something because the state thought it was for that person's own good. It was not a question of legal theory but of where you stood politically.

The main issue was and still is today is to what extent morality can be embodied by the law. Additionally and more to the point of this discussion, should it?

What one finds is that morality in the broad sense (preached and/or practised) of some among the dominant segments of a society has very often infused the law. There is a tendency for the law to be liberalised in the direction of allowing people with divergent values to live and let live, rather than for some to be condemned and legally sanctioned. This tendency, and the arguments surrounding it, can be clearly seen in the 1957 Wolfenden Report 3.

Up until now, the laws associated with commercial sex have rested on the outcomes of the Wolfenden Report on Homosexual Offences and Prostitution. Heralding libertarian principles, the Report explicitly stated that the function of the law was to obstruct those who Offend against public order and decency' or 'expose the ordinary citizen to what is offensive' (1957: 8)4.

The dilemma of where the law should sit in relation to private, consensual sex acts was never really a sticking point for the post-war thinkers. Instead, they were adamant that there should remain 'a realm of private morality and immorality which is, in brief and crude terms, not the law's business'5. As a result, in British law 'it is legal to be, but not to work as, a prostitute'6, because the relationships that surround the organising, advertising and negotiation of commercial sex have been steadily criminalised over recent years.
InJuIy 2OO4, the Home Office published a document, 'Paying the Price: A Consultation on Prostitution', which sparked a four-month period of mild media interest. Behind the scenes, meanwhile, there was a flurry of discussion forums, working groups, draft responses, and outrage.
The 'prostitution community' which include those who are sex providers, purchasers, organisers and campaigners, as well
Show More

Related Documents: Essay on The notion that morality should be private

Essay about Study Guide

Morals is to develop a clearer understanding of moral principles, so that people may better avert distractions. Several general principles about moral duties may be advanced. First, actions are moral if and only if they are undertaken for the sake of morality alone (without any ulterior motive). Second, the moral quality of an action is judged not according to the action's consequences, but according to the motive that produced it. Third, actions are moral if and only if they are undertaken out of respect…

Words 5286 - Pages 22

Principles Of Nietzsche

which is the origin of religion. 4) Slave revolt in morality- Nietzsche suggests that a confrontation between the priestly caste and the warrior caste encourages this process. The priests, and all those who feel like powerless outcast in a situation of subjugation and slavery, driven by a feeling of ressentiment, or resentment, develop a deep hatred for the powerful. Thus originates what Nietzsche calls the "slave revolt in morality,” eventually leading to rise of Christianity. 5) Good/Bad-…

Words 1582 - Pages 7

Steinberger's Argument That The Maxims Of Breaking Promises

This reading, according to Steinberger, is unpersuasive in a couple of ways. Firstly, Steinberger realizes that the moral law is not guided by the mere logical consistence. Steinberger reviews Harrison’s argument that the maxim of breaking promises , if universalized, undermine the systematic harmony of purposes. Since such result is based on experience of breaking promises. Kemp argues that Kant indicates self-contradiction in the CI is essentially logical. Steinberger takes Harrison’s point is…

Words 7178 - Pages 29

Utilitarianism and Happiness Essay

Utilitarianism Sandra LaFave West Valley College The notion of an ethics based on utility — usefulness for human concerns, especially human happiness — was one of the revolutionary Continental ideas of the Enlightenment period. Cesare Beccaria (1738-1794), for example, in his extremely influential work On Crimes and Punishments, argues that punishments should be inflicted only insofar as they are useful for human purposes; and that governments should not think themselves free to punish inhumanely in…

Words 3600 - Pages 15

Capitalism In The Bible Analysis

distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations, especially as contrasted to cooperatively or state-owned means of wealth." Although the Bible does not mention capitalism by name, it does talk a lot about economic issues. For example, the whole section of the book of Proverbs and many of the parables of Jesus deal with economic issues. From there we learn a lot about what should be our attitude toward wealth, economic and business. The Bible also…

Words 931 - Pages 4

Second Great Awakening Research Paper

accountability for the betterment of his morality embodies the spirit of individualism that was promoted in America through the Second Great Awakening. This individualistic principle has influenced America's approach to religion for decades, which is evident in landmark Supreme Court rulings like Engel v. Vitale (1962), which emphasized the importance of individual religious freedom and the separation of church and state. Furthermore, the emphasis on morality that coincided with the Second Great Awakening…

Words 1294 - Pages 6

Balance Of Power Research Paper

dominate over another, but that all have an equal military capabilities in order to balance each other out. In this sense no state will seek to exert pressure on others as there would be a real threat from opposition. However Wilson disagreed with this notion and sought to insert collective security which is exemplified with the idea of a League of Nations as part of his renowned fourteen point plan. As well as this Wilson also wanted to instil a sense of self determination within Europe for nations such…

Words 1280 - Pages 6

Aristotle Begins The Politics By Defining The City As A Political Partnership Essay example

wished to be fully human. Specifically regarding human nature, Aristotle claims that “man is by nature a political animal” (10) and his natural condition is to live with others. Although Marx disagreed with some of Aristotle’s edicts, such as the notion that some forms of slavery were natural, his thoughts that the human essence is social is compatible with Aristotle’s claim that humans are political animals. The highest realization of community for both philosophers was community. However, Marx’s…

Words 4081 - Pages 17

Galbraith Vs Yosifon

actions and these forces are a result of social situations. Hence a situation rather than one individual (who under the neoclassical approach, is completely a sovereign consumer), is what drives the market economy. Yosifon and Hanson challenge the notion that individuals are free. Individuals are rather situational characters that are not completely free in his/her actions as the individual is intertwined with the market forces of an economy that makes the individual a character who is influenced…

Words 1065 - Pages 5

Essay about Lecture notes - Foucault's ethics intro

Introduction – Notes In Vol. I Foucault maps out what he sees as the emergence of the modern sexual discourse from the Victorian era on. Vol. II we will see moves further back to examine what Foucault conceives as an alternative to the Judeo-Christian morality of sex discussed in the Introduction This alternative takes the form of an ethics of pleasure that Foucault derives from Greek society Foucault unearths from Greek antiquity a structure for the ethical use of pleasure, hence the title The Use…

Words 2166 - Pages 9