Hart Devlin Debate

The Hart- Devlin dispute is a timeless dispute. Moral and ethical theories have existed since the era of the fathers of philosophy, whether it was Aristotle and the belief that one’s moral compass deviates between good and bad, or whether it was Plato’s belief that one’s happiness and one’s well-being reinforces his or her morality. Hart and Devlin forced society and the United States legal system to determine the relationship between one’s freedom of choice and one’s privacy of morality. This debate transpired due to the issue of homosexuality and prostitution in the mid-1900s. Hart and Devlin, a well-read Professor and a Law Lord, respectively, attempt to pinpoint the debated issue of one’s freedom and one’s privacy of morality.
Lord Devlin
As a member of the military, the very first thing I was instructed to learn was the core values: “Honor, Respect, and Devotion to Duty.” The United States military allows no level of immortality within its ranks. Common sayings like, “I will not lie, cheat, steal, nor tolerate those who do” transcend all branches of the military. Additionally, the United States military has a completely different legal system than that of the civilian realm. Constituents of the military are held to the highest standards of morality under the Uniform Code of Military Justice, whereas citizens of the state are held to a lesser standard. They are innocent until proven guilty, whereas military members are guilty until proven innocent. Moreover, prior to being a member of the military, it is required to sign legal documentation that signs the rights of the member to the government. This is exactly how Devlin envisions the structure of a moral society: citizens giving up certain rights in order to be protected. In the military, morality is demanded. General Dannatt attempts to address morality and how it is playing a larger role in the military than ever before. General Dannatt states that, “the competing pressures of an evolving society, where individualism dominates” and “an increasingly complex operating environment that demands mental and moral preparation of our soldiers as much as physical training.” This shift towards valuing individualism in the military and focusing on the importance of morality demonstrates the importance of morality and how it directly affects the success of a team and the team’s effectiveness as a