Enforcing a Shared Morality

It is sometimes objected against J. S. Mill's self-protection principle that, apart from protecting individuals from harm, the law has also the function of enforcing the generally shared morality of a society. H. L. A. Hart distinguishes the arguments for the importance of the shared morality into "the disintegration thesis" & "the conservative thesis." The former maintains that a shared morality prevents society from disintegrating or weakening. The latter, as defined by Hart, claims that "the majority have a right to follow their own moral convictions that their moral environment is a thing of value to be defended from change." This paper examines the conservative thesis of Lord Devlin & Basil Mitchell insofar as the thesis is distinct in their writings from the disintegration thesis. It is argued that ultimately Delvin's thesis is based on a mistaken theory of democracy, & Mitchell's on that "romantic conception of nat'lity" which he rightly deplores in others. AA.