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Lord Devlin and the Enforcement of Morals, 75 Yale Law Journal 986 (1966)


No doubt most Americans and Englishmen think that homosexuality, prostitution, and the publication of pornography are immoral. What part should this fact play in the decision whether to make them criminal? This is a tangled question, full of issues with roots in philosophical and sociological controversy. It is a question lawyers must face, however, and two recent and controversial events-publication of the Wolfenden Report in England, followed by a public debate on prostitution and homosexuality, and a trio of obscenity decisions in the United States Supreme Court-press it upon us.

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