A Failed Refutation and an Insufficiently Developed Insight in Hart's Law, Liberty, and Morality

    Research output: Contribution to journalArticle

    2 Scopus citations

    Abstract

    H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen's observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

    Original languageEnglish (US)
    Pages (from-to)419-434
    Number of pages16
    JournalCriminal Law and Philosophy
    Volume7
    Issue number3
    DOIs
    StatePublished - Oct 1 2013

    Keywords

    • Legal moralism
    • Sentencing
    • Sexual liberty

    ASJC Scopus subject areas

    • Philosophy
    • Law

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