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entitled by means of its laws to protect itself from dangers, whether from within or without. Here again I think that the political parallel is legitimate. The law of treason is directed against aiding the king's enemies and against sedition from within. The justification for this is that established government is necessary for the existence of society and therefore its safety against violent overthrow must be secured. But an established morality is as necessary as good government to the welfare of society. Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its government... the suppression of vice is as much the law's business as the suppression of subversive activities.
552:. He retired in 1964, at the age of 58, having completed the minimum 15 years then necessary to qualify for a full judicial pension. He said that his retirement was due in part to his boredom with the large number of tax cases that came before the House of Lords. He himself explained in an interview: "I was extremely happy as a judge of first instance. I was never happy as an appellate judge ... for the most part, the work was dreary beyond belief. All those revenue cases ..."
677:"toleration of the maximum individual freedom that is consistent with the integrity of society". He suggested that "the limits of tolerance" are reached when the feelings of the ordinary person towards a particular form of conduct reaches a certain intensity of "intolerance, indignation and disgust". If, for example, it is the genuine feeling of society that homosexuality is "a vice so abominable that its mere presence is an offence", then society may eradicate it.
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nature of popular morality and how its deliverance is to be ascertained, or the skimpy place he allows to natural moral change". Feinberg does allow that Devlin has an important challenge to liberalism in his formulation of an argument as to why we "treat greater moral blameworthiness ... as an aggravating factor and lesser moral blameworthiness as a mitigating factor in the assignments of punishment".
501:
because he had never heard of anyone accused of murder being granted bail, although he considered that Lord
Goddard was not deterred by the lack of any precedent. However, he considered that such an application might be justified in the particular circumstances of this case, and invited the Attorney-General and Geoffrey Lawrence to discuss the issue.
53:
463:'s decision to charge Adams with the murder of Morrell, whose body had been cremated, was questioned, Devlin considered the Morrell case, although six years old, was stronger than that of Mrs Hullett, who had clearly committed suicide and the extent, if any, of Adams' involvement in this was uncertain.
666:
In the first lecture in "The
Enforcement of Morals", Devlin argued that "society means a community of ideas; without shared ideas on politics, morals and ethics no society can exist". Violation of the shared morality loosens one of the bonds that hold a society together, and thereby threatens it with
642:
that popular morality should be allowed to influence lawmaking, and that even private acts should be subject to legal sanction if they were held to be morally unacceptable by the "reasonable man", to preserve the moral fabric of society (Devlin's "reasonable man" was one who held commonly accepted
500:
at the time defence and prosecution were making their closing speeches. In the event of Adams being acquitted, Goddard suggested that Devlin might consider an application to release Adams on bail before the
Hullett trial which was due to start afterwards. Devlin was initially extremely surprised
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stated in 1987 that to a "modern" reader, Devlin's responses to Hart's arguments "seem feeble and perfunctory" and that most readers "will probably conclude that there is no salvaging Devlin's social disintegration thesis, his analogies to political subversion and treason, his conception of the
701:
Devlin, for his part, considered (mainly in the last lecture in "The
Enforcement of Morals") that the supporters of John Stuart Mill's doctrine had not plausibly fitted into their own theories such violations of the moral code as euthanasia, suicide, a suicide pact, duelling, abortion, incest,
676:
While thus concluding that violations of the "moral code" were the law's business, Devlin observed that this did not mean that society necessarily had the power to intervene. He noted that the chief of the "elastic principles" limiting the power of the state to legislate against immorality was
671:
It is not possible to set theoretical limits to the power of the State to legislate against immorality. It is not possible to settle in advance exceptions to the general rule or to define inflexibly areas of morality into which the law is in no circumstances to be allowed to enter. Society is
479:
had, in his view, presented a meticulously prepared and ably argued case. Devlin directed the jury not to find for the prosecution unless they rejected all the defence arguments, and accepted this was a summing up for an acquittal. Adams was then found not guilty on the
Morrell charge.
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decided to set up a
Commission of Inquiry into the disturbances there and their policing, and appointed Devlin as chairman. Devlin was not Macmillan's choice for chairman, and he later criticised Devlin's appointment, criticising him for having "that
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disintegration. So an attack on "society's constitutive morality" would threaten society with disintegration. Such acts could therefore not be free from public scrutiny and sanction on the basis that they were purely private acts. He explained:
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did not make up for his leader's absence. The prosecution had not presented a coherent case, particularly on motive, and in his summing up Devlin said that the defence case was a manifestly strong one. In contrast, the defence led by
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regarding the
Hullett charge. Devlin later termed this "an abuse of process", done because the prosecution's case was deficient, and left Adams under the suspicion that there might have been some truth in talk of mass murder.
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of
Cambridge University from 1966 until 1991. He spent time writing about law and history, especially the interaction of law with moral philosophy, and the importance of juries. He was active in the campaigns to reopen the
512:
provoked a great deal of controversy within the legal profession. Some disapproved of a judge writing about a case he had presided over, while others disliked Devlin's dismissal of
Manningham-Buller's approach to the case.
332:. In 1909, a few years after Devlin's birth, the family moved to his mother's birthplace. The children were raised as Catholics. Two of Devlin's sisters became nuns; one brother was the actor
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Bodkin Adams was tried on the
Morrell charge. Devlin considered that the prosecution, although it had not been wrong to bring the case to trial, had not prepared its case adequately as the
1102:"But study destroyed instead of confirming the simple faith in which I had begun my task; and the Maccabean Lecture... is a statement of the reasons which persuaded me that I was wrong".
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Privately, Devlin felt that antipathy to homosexuality had not reached an intensity of "intolerance, indignation and disgust". In May 1965, he was one of the signatories of a letter to
744:, among others, was of the opinion that: "The Government refused to accept the Devlin Report because it told the truth". Despite Macmillan's's rejection of the Devlin Report, once
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later that year. He was the second-youngest person to be appointed to the High Court bench in the 20th century. From 1956 to 1960 he also served as the first President of the
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In response to an early draft of the commission's report, which was highly critical of repressive police methods, the government hurriedly commissioned the rival
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blood that makes Irishmen anti-Government on principle" and for being "bitterly disappointed at my not having made him Lord Chief Justice". He also called him a "
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488: – claimed in Parliament that the acquittal was the result of Devlin's judicial misdirection and even more controversially, he entered a
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399:, and by the late 1930s had a successful commercial practice. During the Second World War he worked for several government ministries. He
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297:. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer
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cruelty to animals, bigamy, bestiality and other obscenity, committed in private between consenting adults, causing no harm to others.
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Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens.
651:) that the law had no business interfering with private acts that harmed nobody. Devlin's argument was expanded in his book
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655:(1965). As a result of his debate with Devlin on the role of the criminal law in enforcing moral norms, Hart wrote
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Amongst many commercial and criminal cases that Devlin tried, perhaps his most famous case was the 1957 trial of
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278:(25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English
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In 1932, Devlin married Madeleine Hilda Oppenheimer (1909–2012), daughter of the diamonds magnate
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521:: "He ought never to have written it" before adding with a laugh, "But, it's a jolly good read".
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in 2021, when she was 81, that he had sexually abused her from the age of 7 until her teens.
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301:. Devlin was involved in the debate about homosexuality in British law; in response to the
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In 1959, soon after the declaration of the state of emergency in Nyasaland, the British
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in 1957, Devlin argued, initially in his 1959 Maccabean Lecture in Jurisprudence at the
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In 1985, two years after the death of Adams, Devlin wrote an account of the trial,
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Lord Devlin received several honorary degrees, including from the universities of
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After retirement, Devlin was a judge on the Administrative Tribunal of the
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became Colonial Secretary later in 1959, he approached Devlin for advice.
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Feinberg, J. (1987). "Some Unswept Debris from the Hart–Devlin Debate".
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Where there's a will... The sensational life of Dr John Bodkin Adams
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Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985
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359:. At Cambridge, Devlin read both History and Law, and was elected
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was a busy minister and the next most senior member of his team
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Devlin's daughter Clare claimed publicly in evidence to the
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A Stranger in Blood: The Case Files on Dr John Bodkin Adams
508: – the first such book by a judge in British history.
185:
1284:
Easing the passing: The trial of Doctor John Bodkin Adams
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Devlin received a phone call from the Lord Chief Justice
1214:
C Baker, (1997). Nyasaland, 1959: A Police State? p. 23.
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Members of the Judicial Committee of the Privy Council
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1042:. "Devlin, Patrick Arthur, Baron Devlin (1905–1992)".
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views, not necessarily derived from reason as such).
533:, and the following year, on 11 October, he became a
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647:supported the report's opposing view (derived from
1446:Members of the Privy Council of the United Kingdom
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451:doctor indicted for murdering two of his patients
309:, that a common public morality should be upheld.
367:in 1926. He graduated in 1927, having obtained a
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1259:, The Society of Malawi Journal, Vol. 50, No. 2.
16:British judge and legal philosopher (1905–1992)
1078:. London: The Press Council. 1968. p. 92.
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787:, Oxford, Oxford University Press, 1965, 1968
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1048:(online ed.). Oxford University Press.
1024:(11 June 1985). "The judgement of history".
1007:(Supplement). 13 October 1961. p. 7353.
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765:Independent Inquiry into Child Sexual Abuse
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19:For other people named Patrick Devlin, see
1471:Attorneys-general of the Duchy of Cornwall
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282:judge in the 20th century, he served as a
83:11 October 1961 – 10 January 1964
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125:8 January 1960 – 11 October 1961
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760:. Together the couple had six children.
559:until 1986. He was also chairman of the
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480:Controversially, the prosecutor –
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1391:Alumni of Christ's College, Cambridge
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805:, Oxford University Press, 1979, 1981
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268:Patrick Arthur Devlin, Baron Devlin
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1416:English people of Scottish descent
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846:Campbell, Beatrix (25 July 2021).
525:Court of Appeal and House of Lords
14:
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1461:Presidents of the Cambridge Union
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885:from the original on 25 May 2022.
557:International Labour Organization
1325:Review of Devlin's autobiography
1257:Nyasaland, 1959: A Police State?
780:, Stevens & Sons, 1956, 1966
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661:The Morality of the Criminal Law
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693:The American legal philosopher
419:) made Devlin, then aged 42, a
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21:Patrick Devlin (disambiguation)
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776:Devlin, The Hon. Sir Patrick,
371:for both parts of his degree.
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1481:Queen's Bench Division judges
1226:"Madeleine Devlin (obituary)"
925:Devlin, (1985), pp. 167, 177.
913:Devlin, (1985), pp. 121, 178.
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1139:Moffat, Robert C.L. (2005).
1062:UK public library membership
904:Devlin, (1985), pp. 25, 179.
427:; he received the customary
355:, but left after a year for
221:Madeleine Hilda Oppenheimer
7:
1476:20th-century King's Counsel
758:Sir Bernard Oppenheimer, Bt
529:In 1960, Devlin was made a
433:Restrictive Practices Court
387:exam in 1929. He worked as
357:Christ's College, Cambridge
320:Patrick Devlin was born in
289:In 1959, Devlin headed the
256:Christ's College, Cambridge
10:
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1300:Hallworth, Rodney (1983),
1268:, Elliott & Thompson,
1264:Cullen, Pamela V. (2006),
961:Devlin, (1985), pp. 178–9.
952:Devlin, (1985), pp. 180–1.
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576:cases. He died aged 86 in
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439:Trial of John Bodkin Adams
284:Lord of Appeal in Ordinary
71:Lord of Appeal in Ordinary
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1456:People from Chislehurst
1401:English Roman Catholics
943:Devlin, (1985), p. 187.
934:Devlin, (1985), p. 161.
874:"Obituary: Lord Devlin"
812:, The Bodley Head, 1985
640:James Fitzjames Stephen
615:Other public activities
563:from 1964 to 1969, and
423:judge, assigned to the
407:between 1947 and 1948.
57:Lord Devlin in 1962 by
1054:10.1093/ref:odnb/50969
974:Ballot Box to Jury Box
895:Hallworth, pp. 41, 58.
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531:Lord Justice of Appeal
477:Geoffrey Lawrence Q.C.
113:Lord Justice of Appeal
1436:Members of Gray's Inn
1406:English legal writers
1028:. London. p. 10.
794:, 1974 (biography of
720:under Prime Minister
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455:an elderly widow and
425:King's Bench Division
383:in 1927, passing the
336:and another became a
1114:"Law on Homosexuals"
971:Baker, John (2006).
547:of West Wick in the
33:The Right Honourable
1286:, The Bodley Head,
977:. Waterside Press.
453:Edith Alice Morrell
286:from 1960 to 1964.
136:Sir Kenneth Diplock
1396:English barristers
1179:10.1007/BF00413641
1145:Florida Law Review
1004:The London Gazette
881:. 10 August 1992.
810:Easing the Passing
792:Too Proud to Fight
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506:Easing the Passing
353:Stonyhurst College
343:Devlin joined the
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1360:Succeeded by
1304:, Capstan Press,
1233:. 13 April 2012.
1060:(Subscription or
808:Devlin, Patrick,
801:Devlin, Patrick,
790:Devlin, Patrick,
783:Devlin, Patrick,
712:Devlin Commission
706:Devlin Commission
688:Wolfenden reforms
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746:Iain Macleod
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201:(1992-08-09)
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131:Succeeded by
120:
101:Succeeded by
78:
25:
1386:1992 deaths
1381:1905 births
1205:, p. ?
1203:Cullen 2006
999:"No. 42486"
659:(1963) and
517:told judge
322:Chislehurst
182:Chislehurst
89:Preceded by
59:Walter Bird
1375:Categories
1357:1964–1969
1064:required.)
817:References
630:After the
519:John Baker
449:Eastbourne
429:knighthood
421:High Court
381:Gray's Inn
379:He joined
280:High Court
251:Alma mater
175:1905-11-25
1431:Law lords
1239:0140-0460
1119:The Times
1026:The Times
803:The Judge
731:hunchback
683:The Times
601:Leicester
589:Cambridge
539:life peer
401:took silk
361:President
295:Nyasaland
210:Wiltshire
151:In office
121:In office
79:In office
1187:46969954
1167:Synthese
883:Archived
663:(1965).
535:Law Lord
340:priest.
330:Aberdeen
242:Children
1249:Sources
1151:: 1097.
1125:20 July
857:25 July
718:Cabinet
605:Toronto
593:Glasgow
236:
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727:Fenian
609:Durham
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597:Sussex
585:Oxford
578:Pewsey
484:, Sir
349:novice
338:Jesuit
216:Spouse
206:Pewsey
1183:S2CID
822:Notes
541:, as
447:, an
389:devil
347:as a
230:(
226:
1306:ISBN
1288:ISBN
1270:ISBN
1235:ISSN
1127:2012
979:ISBN
859:2021
572:and
537:and
391:for
196:Died
186:Kent
169:Born
1327:by
1175:doi
1050:doi
733:".
385:bar
363:of
276:FBA
44:FBA
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1052::
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173:(
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