Abstract

The debate between H.L.A. Hart and Lord Devlin on the limits of the law is a significant contribution to legal theory, ethical theory, and social philosophy. Hart's "separation thesis" argues that moral considerations are unnecessary for the efficient functioning of legal systems, while Devlin's "The Enforcement of Morals" asserts that law and morality are inseparable and dependent on each other. This conflict has significant implications for legal theory and practices, including the role of ethical considerations in legal systems, the debate on individual liberty and societal coherence, the decision-making process in legal matters, and the significance of embracing the present moment. The Hart-Devlin argument influences ongoing discussions on topics such as decriminalization, marriages, and criminal justice.

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