fringe on a person's right to privacy. Also, Devlin supports the presumption of individual freedom. This means that individual freedom never has to be justified.
Dworkin examines the discriminatory concept of a moral position: "The reason need not be a principle or theory at all. It must only point out some aspect or feature of homosexuality which moves me to regard it as immoral: the fact that the Bible forbids homosexuality, for example, or that one who practices it becomes unfit for marriage and parenthood" (p.40). Dworkin believes that the enforcement of morality is necessary for society. For instance, government has the right to add and infer institution to maintain society.
Devlin failed to recognize the possibility of irrational judgments of the law. Dworkin believes that one must give reasons why he or she feels a judgment is justifiable, as some reasons are not justifiable because they violate society's norm, such as prejudice. He also states that government cannot treat people unfairly, or differently due to race or gender. According to Dworkin, debate will stop when 1) society reaches a consensus; and 2) one or more parties see the debate as axiomatic or self-evident.
Dworkin stated that moral judgments are the basis of law. However, this does not allow for prejudice, emotional reactions, rationalization, or parroting. The preceding reasons violate moral reasoning and therefore are not valid to disallow an action. Devlin, on the other hand, believes that humans require consensus on morality. If homosexual acts violate public morality and consequently, homosexual acts should be prohibited. Devlin's rationale disallows an anthropological basis for law
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