The legal moralist would discourage discretion, instead arguing that criminal justice practitioners should follow the public morality underlying the law, rather than replacing it with their own individual views of morality.
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Q43: To Patrick Devlin, religion and morality were
Q44: Devlin believed that private behavior could not
Q45: To Devlin, a shared public morality was
Q46: John Stuart Mill argued that society should
Q47: Devlin's theory is idealist.
Q49: Idealists do not perceive the law as
Q50: The legal moralist discourages the use of
Q51: H. L. A. Hart's beliefs draw upon
Q52: Hart is an idealist because truth, harmony,
Q53: Hart identified five criteria for law that
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