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Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Lord Devlin was a leading lawyer of his generation. Moreover, he was one of the most recognised figures in the judiciary, thanks to his role in the John Bodkin Adams trial and the Nyasaland Commission of Inquiry. It is hard then to believe that he retired as a Law Lord at a mere 58 years of age. This important book looks at the life, influences and impact of this most important judicial figure. Starting with his earliest days as a schoolboy before moving on to his later years, the author draws a compelling picture of a complex, brilliant man who would shape not just the law but society more generally in post-war Britain.
Devlin of Duncaer is the Chosen One, champion of the Kingdom of Jorsk. A simple metalsmith and farmer turned warrior, he has become the most unlikely of heroes to the conquerors of his own people, the Caerfolk. Yet there is a growing faction of Jorskians who believe that if he were truly anointed as Chosen One by the Gods, then the immortals would have given him the Sword of Light as proof of his calling. Missing for generations, the sword is more myth than reality. But Devlin knows where to find it. Lost in battle after the Jorskians’ brutal massacre of Caerfolk, it has remained in Duncaer, a souvenir of one of the land’s darkest days. Feeling more than ever a pawn of fate—and a plaything of the Gods who drive him—Devlin must return to the land of his birth, back to the people who have denounced him. For he is bound by an oath he has no choice but to obey...a promise he may have to die to keep.
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
ISBN: 0-421-40210-5 Contains the text of lectures on Origin of the Jury, The Composition of the Jury, The Jury as a Judicial Tribunal, The Control of the Jury, and the Decline of the Jury and Its Strength.
Introducing the Law 7th edition was previously published by CCH Australia.Introducing the Law provides students with a solid understanding of the Australian legal system. The 7th edition has a continued focus on tertiary legal studies and related courses. It contains a broad range of topics, including the legislative process and the role of courts in law-making, changing the law, processes and institutions for settling legal disputes and a critical evaluation of the legal system.
Focusing upon the 1950s, and especially the 1957 Wolfenden Report, Helen Self's study thoroughly exposes the sexual double standard and general misogynist assumptions underlying British legislation relating to prostitution.
When a hated judge is charged with murder, he turns to the lawyer with the most reason to despise him for a defense. Ethics and personalities collide in this intense drama, but will true justice be served?
When Gabrielle Tennyson is murdered, aristocratic investigator Sebastian St. Cyr and his new reluctant bride, the fiercely independent Hero Jarvis, find themselves involved in an intrigue concerning the myth of King Arthur, Camelot, and a future poet laureate...