Basically, Devlin poses that society has no right to pass judgment on all matters of morals, because if society has the right to pass judgment, has it also the right to use the law to enforce it? If this were the case, our law system would be continually contradicting itself, with taking societies moral judgments into consideration for every issue, due to different perspectives of individuals in society. On the whole, Devlin believes that "harmless" immorality in fact undermines the moral basis of society.
On the other side, is Mill, a free thinker, whom has no personal religion, but a personal morality, which in turn he accepted the necessity for a common morality. Mill strongly believed that the only way to acquire a free society is to give full liberty to the individual. Mill took into consideration that people may do things he himself would disapprove of, but by conducting these actions after thought and discussion would be the best-suited way of life for that individual. Mill came to think this because if one removes restraint, and with diversity in morals, individuals may prove what is thought to be good, he also emphasizes that common morality should be on the same level as religion; if religion can be free, common morality should be free as well. Basically, Mill argues that harmless actions must not be made the subject of social compulsion.
As it stands right now in Canada, prostitution is in fact legal; it is mainly focused on acts committed in the public eye, including soliciting. There is no prohibition of the buying and selling of sexual services. This is what makes the Canadian law on prostitution unclear, making it very difficult for a person to prostitute without breaking the laws. Many Canadians may be led to believe that the act of prostitution is illegal, because it is treated so. Canadian Law at the moment prohibits four types of prostitution-related behaviors: "(1) procuring or living on the avails of prostitution; (2) owning, operating, or occupying a bawdy house; (3) all forms of public communication for the purpose of prostitution; and (4) knowingly transporting another to a bawdy house.
