Social Integrity and Private ‘Immorality’ The Hart-Devlin Debate Reconsidered

2001 ◽  
Vol 2 (2) ◽  
pp. 55-65
Author(s):  
Duncan J. Richter ◽  

In a debate between tolerance and intolerance one is disinclined to side with intolerance. Nevertheless that, in a sense, is what I want to do in this paper. The particular debate I have in mind is the old one between H.L.A. Hart and Patrick Devlin about the legal enforcement of moral values. It should be noted, though, that the issue has by no means been settled in the minds of many people. The proposed repeal of the British law prohibiting the promotion of homosexuality (a law known as Section 28) “could destroy Scottish society,” according to Mazhar Malik of Glasgow’s Ethnic Community Resource Centre, echoing Devlin’s concern from the 1960s. In what follows I will first sketch and defend, partially, what I take to be Devlin’s communitarian argument and then attempt to explain what is wrong with it and how this should affect our estimation of the proper relation between law and morals. I will argue that at least some private ‘immorality’ can be defended without recourse to the liberal belief in a morally private sphere. In part I I look at the kind of communitarianism that can be found in Devlin’s work, in part II I support this reading of Devlin and expand on it by looking at some important passages from his work, and in part III I consider the reasons why his argument does not support legislation against gay sex, and, in fact, could be used to defend gay rights.

2018 ◽  
Vol 43 ◽  
Author(s):  
Tomas Frejka ◽  
Frances Goldscheider ◽  
Trude Lappegård

The two parts of the gender revolution have been evolving side by side at least since the 1960s. The first part, women’s entry into the public sphere, proceeded faster than the second part, men’s entry into the private sphere. Consequently, many employed mothers have carried a greater burden of paid and unpaid family support than fathers throughout the second half of the 20th century. This constituted women’s “second shift,” depressing fertility. A central focus of this paper is to establish second shift trends during the second half of the 20th century and their effects on fertility. Our analyses are based on data on cohort fertility, male and female labor force participation, and male and female domestic hours worked from 11 countries in Northern Europe, Western/central Europe, Southern Europe, and North America between 1960/70 and 2000/2014. We find that the gender revolution had not generated a turnaround, i.e. an increase in cohort fertility, by the end of the 20th century. Nevertheless, wherever the gender revolution has made progress in reducing women’s second shift, cohort fertility declined the least; where the second shift is large and/or has not been reduced, cohort fertility has declined the most.


2015 ◽  
Vol 156 (1) ◽  
pp. 133-141
Author(s):  
Catharine Lumby

This article uses Frank Moorhouse as a study of the formation of a public intellectual in the 1960s and 1970s. Moorhouse was a key figure in the Sydney Push, a loose Libertarian-anarchist network of artists, writers, intellectuals and party people who rejected the dominant moral values of the 1950s and 1960s. A journalist, Moorhouse later became a well-known fiction writer who was part of a similarly bohemian and activist milieu centred in Sydney's Balmain. Taking Frank Moorhouse as a case study, I will argue that there is something particular about the way public intellectuals have historically been formed and given voice in Australian life, which is characterised by a permeability between art and writing practices and between academic and activist milieux.


Author(s):  
Kirsten E. Shepherd-Barr

The decades 1960–80 witnessed a seismic shift in modern drama. The rage that came to define, and fuel, much of the drama in the 1960s and 1970s is directed at the audience. ‘Absurdism, protest, and commitment’ shows it is a post-war rage stemming from many sources: the Vietnam War, the Cold War, a feeling of betrayal by government and politicians, the Civil Rights Movement, Black Power, gay rights, feminism, the growing gap between rich and poor, and ethnic oppression. It is all about denying the audience what it expects of a play, provoking it out of real or perceived complacency, startling, and offending it. The plays of Pinter, Shepard, Beckett, Stoppard, Friel, and Fugard are discussed.


1984 ◽  
Vol 20 (1) ◽  
pp. 79-98
Author(s):  
T. A. Roberts

The publication in 1957 of the Wolfenden Report occasioned a celebrated controversy in which profound theoretical issues concerning the relation between law and morality, and the legal enforcement of morality were discussed. The principal disputants were Lord Justice Devlin (Sir Patrick Devlin as he then was) and Professor H. L. A. Hart. It is by now well known that the main recommendation of the Wolfenden Report was the reform of the criminal law so that homosexual behaviour in private between consenting male adults should no longer be a criminal offence. As homosexual behaviour in Christendom was at the outset punishable in the ecclesiastical courts, and subsequently, with the demise of the ecclesiastical courts, in the secular courts, the Wolfenden recommendation on homosexuality marked a major departure from the prevailing state of affairs in which the precepts of Christian morality, especially relating to sexual morals, were at first enforced by the ecclesiastical courts, and then by the secular courts.


2016 ◽  
Vol 17 (3) ◽  
pp. 794-822 ◽  
Author(s):  
Jukka Törrönen ◽  
Sara Rolando

Since the 1960s, feminist movements have emphasized that men and women should be seen as equal in their roles as parents, breadwinners, and citizens. This conception is not confirmed by the images produced in advertising. This article presents an analysis of alcohol-related advertisements published in Finnish, Italian, and Swedish women’s magazines from the 1960s to the 2000s. The advertisements are approached as performative texts in which gender is made visible “here and now” by placing women in particular consumer positions relative to private or public spheres and by associating specific kinds of gender expectations and norms that reflect women’s shifting responsibilities and pleasures. The article asks what kind of drinking-related identities have been portrayed as desirable in women’s magazine advertisements over the past few decades and how they have changed as we move closer to the present day. The analysis reveals both continuity and variability in alcohol-related consumer identities in advertisements in Finnish, Italian, and Swedish women’s magazines. It shows that as Finland, Italy, and Sweden have developed from modern societies to late-modern societies, women’s responsibilities and pleasures have expanded from the traditional domain of the private sphere into multiple new areas. The expansion of women’s identities has occurred differently in each geographical area. This does not, however, mean that the traditional gender norms have disintegrated and been replaced by equal gender norms. Rather, it seems that traditional gender norms continue to be reproduced with varying nuances in alcohol-related advertising.


Author(s):  
Bart Latré

Influenced by feminist theology, feminist christians in Flanders aimed at a'feminisation' of christian religion. Compared with the 'feminisation' of religionin the nineteenth century, there are differences as well as similarities incontent. Nevertheless, the context in which the gender construction of feministchristians is placed, has changed radically. In the nineteenth century,women were still associated with the private sphere, while in the 1960s and1970s, the 'second feminist wave' refused the connection of male and publicon the one hand, and women and private on the other hand. Consequently,the 'feminisation' of christian religion of feminist christians was also appliedto more 'public' aspects of christian faith, such as theology, church governmentand church history. It's also remarkable that the way of believing of feministchristians was clearly influenced by the dechristianised society in whichthey lived. Consequently, the phenomenon of feminist christians doesn't contradictCalum Browns thesis that women, rejecting christian discourse as acornerstone of their identity, caused dechristianisation in the 1960s.


2019 ◽  
Vol 39 (1) ◽  
pp. 11-34
Author(s):  
Eugenio Bolongaro

This article challenges the interpretation of the 1980s in Italy as a period in which a large section of the population and, especially, the younger generation, turned away from politics and a retreated into the private sphere after the revolutionary ebullience of the 1960s and 1970s. The discussion centres around the figure of Pier Vittorio Tondelli whose collection of short stories Altri libertini (1980) inaugurated a new understanding of the cultural role of literature, and a new relationship between authors and readers. While devoid of the ideological preoccupations that characterized the protest movement(s) of the previous decades, Tondelli’s work, it is argued, is anything but escapist and rather seeks to provide a sensitive and thoughtful account of the transformations taking place in Italian society and culture during a critical decade in which Italy, like other mature Western societies, was precipitously projected into the post-Fordist phase of contemporary capitalism. From this vantage point Tondelli’s opus demonstrate the constant and sustained engagement of its author with a disorienting new world in which the contradictions between personal and collective desires and aspirations are increasingly mobilized to fuel the “society of spectacle” Guy Debord had foreseen. It can hardly be questioned that Tondelli’s struggle raises ethical issues, but it is important to see that this ethical dimension is inherently connected with a political horizon, albeit a politics of desire that traditional Marxist approaches have some difficulty identifying as politics, let alone as revolutionary politics. In order to appreciate fully the significance of Tondelli’s cultural contribution and disentangle it from the debates that it originated, the author proposes a fresh approach. Mindful of Raymond Williams’s eminent example (Keywords: A Vocabulary of Culture and Society, 1976), the analysis focuses on four keywords that can help us traverse Tondelli’s work and identify its strengths as well as some of its weaknesses. Affect, Commitment, Postmodernism, and Theory are intersecting vectors in a reassessment that through Tondelli reopens the discussion on an entire decade, and its aftermath.


2020 ◽  
pp. 171-194
Author(s):  
Jaok Kwon

This paper attempts to clarify how young female rural–urban migrant workers were positioned within the ideology of the housewife as a form of modern womanhood, which was regulated by the developmental state as part of the modern nation-state building in the 1960s and 1970s in South Korea, by analyzing media discourses on the mobility, space and labor of single female workers. First, within the ideology of the housewife, in which women were required to settle down in the private sphere away from the main breadwinners after the Korean War, the mobility of young rural girls was depicted as ‘unsettled’ and ‘unstable’ and thus was socially deviant relative to the ‘settled’ and ‘cared for’ women in the private sphere. Second, the working space as well as the residential space for single female workers was illustrated as a loss of control of their bodies and sexuality under the normative ideology of the housewife, which led to the idealization of the institution of marriage as the final savior for single female workers. Finally, under the patriarchal system and the redefinition of women’s labor in the developmental state based upon familism, the labor by single female workers was ‘housewifized’ either as ‘filial piety’ or a ‘natural duty’ to the family as well as to the motherland.


2020 ◽  
Vol 7 (1) ◽  
pp. 7-54
Author(s):  
Olga Bertelsen

This study analyzes the foundations of unity developed by the Kharkiv multi-ethnic community of writers, and explores post-Khrushchev Kharkiv as a political space and a place of state violence aimed at combating Ukrainian nationalism and Zionism, two major targets in the 1960s-70s. Despite their various cultural and social backgrounds, the Kharkiv literati might be identified as a distinct bohemian group possessing shared aesthetic and political values that emerged as the result of de-Stalinization under Khrushchev. Archival documents, diaries, and memoirs suggest that the 1960s-70s was a period of intense covert KGB operations and “active measures” designed to disrupt a community of intellectuals and to fragment friendships, bonds, and support among Ukrainians, Russians, and Jews along ethnic lines. The history of the literati residing in Kharkiv in the 1960s-70s, their formal and informal practices and rituals, and their strategies of coping with state antisemitism, anti-Ukrainianism, terror, and waves of repression demonstrate that the immutability of ethnic barriers, often attributed to Ukrainian-Russian-Jewish encounters and systematically reinforced by the KGB, seems to be a myth and a stereotype. The writers negated them, escaping from and at the same time augmenting the politics of the place. Their spatial and social practices and habits helped them create a cohesive community grounded in shared history, shared interests in literature and dedication to it, and shared threats emanating from city politics and the KGB. They transcended ethnic boundaries constructed by the authorities, striving for unity, free from Soviet definitions.


2007 ◽  
Vol 63 (3) ◽  
Author(s):  
P. B. Boshoff

Ethics and Theology – a discussion of the relevance of Marinus Schoeman’s book: “Generosity and the art of living”: The basics of a post-Nietzschean ethics This article grew from a review on Schoeman’s book to a review article in which an actual presentation is given of some of the most important issues in comparison to a Christian viewpoint. The following topics are discussed: Resentment; Revaluation of all values; Purpose driven universe; Critique of moral values; The aristocrat; Hannah Arendt’s view on the public-political realm and private sphere; Plurality and conformity.


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