2: Law and Morality

Question 1

What do legal positivists believe?

Answer 1

• That Laws are valid when made by legislation of the state

Question 1

What do utilitarians say?

Answer 1

• That society shouldn’t impose morality on people as they should have free will.

Question 2

What do natural law theorists say?

Answer 2

• That law should strongly reflect morality as it gives a basic moral code.

Question 3

What does John Austin, a legal positivist, say?

Answer 3

• There is no connection between law and morality

3 Principles:
1. Laws are commands issued by the sovereign
2. Commands are enforceable by consequences
3. A sovereign is obeyed by society

Question 4

What is the debate between Hart and Devlin, and what caused the debate?

Answer 4

Hart - ‘Law should not enforce morals because it is unnecessary, undesirable and unacceptable’

Devlin - ‘Law has a duty to enforce standard morals to keep society together’

• Wolfdeen Committee examined the relationship between law and morality, causing the debate

Question 5

What does the R V R Marital Rape Law tell us about law and morality?

Answer 5

• It tells us the societal changes that can occur from morality resulting in a change in law
• ‘Stated that woman had to engage in sexual conduct if married’. Marital law came into conduct in 1991