Hart notes that there are certain constants of the human condition, which he terms the minimum content of natural law, such as the vulnerability of human beings. If we disregard these sociological facts it would be tantamount to suicide. But beyond these facts, society is faced with a choice of what rules to adopt in order to protect us from the frailties of the human condition. Hart seems to assert that since the development of a society is a collective odyssey, the values that a society has adopted for its preservation and progress constitute a shared morality of sorts. This does not mean that the norms that a society has accepted and retained are ones that are logically necessary for the achievement of social preservation. However, they are instrumental in the maintenance of social cohesion. For this reason he would not accept Devlin’s analogy of deviation from moral norms with treason against society. It may be that a change in morality can result in friction, but it need not result in the collapse of society.Hart also adopts the harm principle, but denies that consent can be used as a mitigating factor. Equally, immoral acts in public may be harmful to others and, as such, open to legal censure, whereas acts in private should not be a matter for the law. His justification is that while the first is the legitimate prevention of harm, the latter is the enforcement of the societal will over the individual. Hart finds paternalism justified, but not enforce morality per se.