Ronald Dworkin explains how Devlin's criterion for a "free society" is lacking rational standards for restrictions on freedom. These are the ground rules of "moral reasoning" in Dworkin's opinion and are imperative to a free society. For example, on page 35, regarding homosexuality Devlin states, "We should ask ourselves in the first instance whether, looking at it calmly and dispassionately, we regard it as a vice so abominable that its mere presence is an offense. If that is the genuine feeling of the society in which we live, I do not s

Dworkin believes that if a large portion of society deems something wrong, then this action does not represent society and should be banned. Dworkin does not concern himself with the location of the occurrence of the homosexual acts. In his opinion, if society agrees, all homosexual acts should be prohibited. Devlin, on the other side of the spectrum, feels that homosexual acts practiced in the privacy of the home should not be illegal. Devlin's position illustrates the need for "public morality." However, public morality cannot infringe 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.

Mill advocates freedom for individuals, but he does not want people to have so much freedom so that they violate the freedom of another person. Mill believes that happiness is desirable, and happiness is a conclusion. Everything that occurs in the middle is simply the means to an end. Utilitarianism is an adequate label for Mill's ideology. Mill believes that more often than not, each person is the best judge as to what is beneficial to him or herself and the amount of pleasure and happiness is a major aspect of utilitarianism.

Devlin explains why we cannot put the state in charge of creating theoretical limits to legislate morality. This is a right to privacy matter and should be decided upon on a personal basis. Mill's principle of a free society mirrors Devlin: Restricting freedom creates damage to the principle when government prevents free choice. Both men thought that laws should be implemented to prevent an act that causes another act that will cause others harm. Devlin and Mill's interpretations of a free society are more similar because they deal with limiting governmental power to maintain democracy.

In conclusion, Devlin's free society does not meet the standards for Dworkin's "moral reasoning" as he fails to include justifications for laws and limitations. Mill's harm principle offers more freedom to the individual than Dworkin and even today's government in the United States are willing to offer. Mill shares some thought processes with both Dworkin and Devlin, however, Devlin's ideas are more encompassing than Dworkin's, so Mill's principles are more compatible with Devlin's.

Devlin believes in rules for any given society, although he says that government should implement these rules. Dworkin feels that members of the society should be able to create these rules, as we are living in a democratic society. Devlin's criterion allows too much room for indecision and different interpretation for Dworkin's ideals.

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Approximate Word count = 2028
Approximate Pages = 8 (250 words per page double spaced)