Homework on Devlin, Morals and the Criminal Law
All answers must be in your own words. Again, what you turn in need not include the questions, just the answers.
1. In p.2-4, Devlin talks about the attitude of the criminal law towards consent.
a. What is the main point of this discussion (what is Devlin trying to show)? (1pt)
b. What facts does Devlin cite to make this point? (1pt)
2. In paragraph 7, Devlin asks, "Has society the right to pass judgment AT ALL on matters of morals?" (emphasis mine).
a. What is his answer to this question (it should be yes or no) (cite the paragraph number where you found it)?(1 pt)
b. What reasons does he give to support his answer? (1pt)
3. Devlin poses a second question in paragraph 7.
a. What is his answer to this question, and in what paragraph does he give it?(1pt)
b. What reasons does he give to support his answer? (1pt)
4. a. In your own words, what does Devlin mean by "set theoretical limits to the power of the State to legislate against immorality?" (1 pt)
b. Does Devlin think this is possible?(1 pt)
c. Why or why not? (1 pts)
d. Do you agree with him? Why or or why not? (2pt)