^{page 79 note 1} Report of the Committee on Homosexual Offences and Prostitution.

^{page 80 note 1} Wolfenden Report paragraph 62, and Mitchell, Basil, Law, Morality and Religion in a Secular Society, p. 2.Google Scholar

^{page 80 note 2} Devlin, Patrick, The Enforcement of Morals (Oxford, 1965).Google Scholar

^{page 80 note 3} Strictly speaking the legal entity is ‘England and Wales’. Scotland is another and different legal entity. Thus when the law of England and Wales on homosexuality was reformed so that homosexual conduct in private between consenting male adults ceased to be a criminal offence, the homosexual law of Scotland remained unreformed for several years.

^{page 80 note 4} Cf. Hale, Lord Chief Justice, ‘Christianity is parcel of the laws of England’. (1976).Google Scholar

^{page 81 note 1} Devlin, , op. cit. p. 7Google Scholar, and Mitchell, , op. cit. p. 41.Google Scholar

^{page 81 note 2} ‘That the only purpose to which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others’, Mill, J. S., On Liberty, chap. IGoogle Scholar. The edition of Mill used has been, Mill, John Stuart, Three Essays, edited with introduction by Wollheim, Richard (Oxford, 1975).Google Scholar

^{page 82 note 1} Hart, H. L. A., Law, Liberty and Morality, (Oxford, 1963), p. 22.Google Scholar

^{page 82 note 2} Ibid. p. 72.

^{page 82 note 3} Idem, p. 72.

^{page 82 note 4} Ibid. p. 73.

^{page 82 note 5} See Hart, H. L. A., The Concept of Law (Oxford, 1961).Google Scholar

^{page 82 note 6} Law, Liberty and Morality, p. 73.Google Scholar

^{page 83 note 1} Ibid. p. 58.

^{page 83 note 2} Henkin, Louis, ‘Morals and the constitution: the sin ofobscenity’, Columbia Law Review, LXIII I (03 1963), 391–414.CrossRefGoogle Scholar

^{page 83 note 3} Henkin, ibid. pp. 408–9.

^{page 83 note 4} Ibid. p. 410.

^{page 84 note 1} Ibid. p. 411.

^{page 85 note 1} To borrow Hart's term.

^{page 86 note 1} Published as Law, Morality and Religion in a Secular Society (Oxford, 1967).Google Scholar

^{page 89 note 1} Hart, , op. cit. p. 27.Google Scholar

^{page 89 note 2} In Italy divorce and abortion are now legal, although strenuous efforts are being made by the Church to have the abortion law repealed. In Spain divorce is legal, and the campaign for legalizing abortion is arousing fierce controversy. Movements, especially feminist, are afoot to reform the law which made adultery punishable, not least because in practice prosecutions against adulterous wives were frequent and penalties heavy whereas prosecutions against adulterous husbands few and punishments light.

^{page 90 note 1} For the distinction between moral rules and ethical ideals, see Strawson, P. F., ‘Social Morality and Individual Ideal’ in his Freedom and Resentment (London: Methuen, 1974).Google Scholar

^{page 91 note 1} See Mitchell, , op. cit.Google Scholar

^{page 91 note 2} For example, Hughes, Graham, ‘Morals and the criminal law‘, Yale Law journal, LXXI, I (1961), 675f.Google Scholar

^{page 92 note 1} Devlin, , The Enforcement of Morals, p. 15.Google Scholar

^{page 93 note 1} For convenience, I shall omit in the sequel the expression, ‘positive ecclesiastical law’, although this should be understood wherever the expression ‘positive law’ is used.

^{page 93 note 2} Matt, . 5: 48.Google Scholar Rashdall comments, ‘we must suppose the words to mean “all-embracing, universal, undiscriminating in your charity” rather than “faultless” or “sinless”’ Rashdall, Hastings, Christ and Conscience (London, 1916), p. 113.Google Scholar

^{page 94 note 1} Cf. Mill's, ‘tyranny of the majority’, On Liberty, chap. I.Google Scholar

^{page 95 note 1} Cf. Geach, Peter, ‘The moral law and the law of God’ in his God and the Soul, (London, 1969), p. 121.Google Scholar

^{page 96 note 1} In developing the model, for working purposes, I assigned the role of deciding upon ‘matters indifferent’ in sexual morals to positive ecclesiastical law, but there is no compelling theoretical reason for this choice.

^{page 96 note 2} Anthony Kenny in a series of lectures on ‘Faith and Reason’ delivered at Aberystwyth.