Notes: Liberty and legal moralism in Dworkin
Abstract
It’s undeniable we are still reflecting on the morality of controversial questions as homosexuality, prostitution or pornography. In the social context of Dworkin it has not gone unnoticed: in 1958 in the British Academy, lord Devlin pronounced the second Maccabean Lecture, under the name of “The enforcement of morals”. Refutations and the controversy created around it, made renowned jurists and respected academics place great importance on this popular revulsion. The singular Wolfenden Commission had recommended not consider private adults homosexual acts as punishable. It wasn’t just only a legislative decision but also the reflection on the society of a cultural tradition. Even today seems that the debate of legal moralism hasn’t been definitively overcome. In the interest of going in depth through the complex and tense connection between the law and the moral, it would be advisable to revise some of those points.
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