concepts

Question 1

moral codes

Answer 1

general statements of principle, voluntary, informally enforced, concerned with how people should behave

Question 2

legal codes

Answer 2

precise rules of acceptable behaviour established through legislation and common law, compulsory, formally enforced concerned with how people shall behave

Question 3

Mary Warnock

Answer 3

states moral attitudes change over time - can see this with our own societies attitudes towards homosexuality, cohabitation etc

Question 4

Troy Duster

Answer 4

“The Legislation of Morality” looked at whether law changes morals or the other way around - The Harrison Act 1914

Question 5

Durkheim

Answer 5

in any technologically advanced society it is unlikely everyone will share same moral values as there are so many different lifestyles, religions, cultures etc

Question 6

Plato’s theory of intercepting circles

Answer 6

moral sphere and legal sphere - good law happens where the two meet

Question 7

Natural law

Answer 7

deity created law and nature so morally correct thing to do is to follow those laws - laws that go against natural desires to eat, sleep, drink and procreate are morally wrong (homosexuality etc) so you don’t have to follow them

Question 8

Legal Positivists

Answer 8

law remains law until it is changed so the morally correct thing to do is to follow it, regardless of your personal beliefs

Question 9

1957 Wolfenden report

Answer 9

looked at changes regarding laws on homosexuality and prostitution - suggested “homosexual behaviour between consenting male adults in private should no longer be a criminal offence” and that street prostitution should become illegal as it was “weakening family values”

Question 10

Lord Devlin

Answer 10

suggested there was a need, at all times, for law to intervene in the lives of society to keep it together

Question 11

Professor Hart

Answer 11

argued that it should not be one persons decision to make things immoral as the “reasonable man” will create results that are ignorant or misunderstood & that society works fine without the government always interfering

Question 12

current position (Hart-Devlin debate

Answer 12

1967 Sexual Offences Act legalised homosexual acts between consenting male adults (previously covered by Offences Against The Persons Act) - case law has shown it isn’t to be promoted

Question 13

Knuller v DPP 1972

Answer 13

shown homosexuality is not to be promoted (magazine advert)

Question 14

R v Brown 1994

Answer 14

5 men engaging in BDSM charged for GBH despite consent

Question 15

R v Wilson 1996

Answer 15

man not charged for branding wife

Question 16

R v Gibson & Sylverie 1990

Answer 16

immoral (foetus earrings)

Question 17

other changes in morality & law

Answer 17

The Abortion Act 1967 legalised abortion with consent of 2 doctors (previously covered by Offences against the Persons Act 1861 - punishable by life imprisonment)
Introduction of Equality Act 2006

Question 18

R v R 1991

Answer 18

change from Sir Matthew Hales declaration that “a man cannot rape his wife” to “I find it hard to believe that it ever was common law that a husband was in effect entitled to beat his wife into submission to sexual intercourse”

Question 19

Perelman

Answer 19

6 possible meanings of justice - to each according to his works, to each according to his needs, to each according to his merits, to each according to his rank, to each according to his legal entitlement, to each equally

Question 20

Plato

Answer 20

justice occurs when 3 elements of soul fulfil their functions & create a harmonious balance (reason, spirit & appetite) - philosophers = reason, warrior class = spirit, workers = appetite - society functions when each performs own role

Question 21

Aristotle

Answer 21

distributive justice (fairly distributed benefits & burdens) - corrective justice (legal system stops greedy benefiting)

Question 22

Utilitarian (Bentham & Mills)

Answer 22

right & wrong come from how useful the consequences of an act are - justice benefits to society outweigh the loss to minority
act utilitarianism - GHP to individual
rule utilitarianism - GHP to society

Question 23

Liberal (Rawls)

Answer 23

opposed Bentham & Mills - people have natural rights (god given) equal distribution of primary goods - desert island scenario - inequalities can be fair but should have equality for those with skills

Question 24

Libertarian

Answer 24

contrasts Rawls - justice is where state has minimum right to interfere - based on entitlement - allows enrichment as long as it’s legal and just

Question 25

Marxist

Answer 25

(Karl Marx) - communism - capitalism can’t be just (favours rich)

Question 26

substantive justice

Answer 26

considers whether the system has evolved to meet the changing needs of a changing society

Question 27

formal justice

Answer 27

“the system itself”

Question 28

DPP v Majewski 1976

Answer 28

self induced intoxication can’t be a defence as it would leave society open to unprovoked violence with no legal protection

Question 29

Rudolph Von Jhering

Answer 29

pragmatic interpretation - law is a permanent struggle between people & individuals selfishly pursuing own interests - laws do not depend on reason but comes down to strength of competing parties - positive as it would help promote healthy change & prevent anarchy (pressure groups) - not all interests can be satisfied & laws reflect majority / dominant group

Question 30

Roscoe Pound

Answer 30

distinguished between individual interests (right to own property & have privacy) and social interests (freedom of speech, public order) - wrong to try balance individual interests with social interests as social will always win

Question 31

Wesley Hohfeld

Answer 31

distinguished between rights and liberties - right = entitlement but would have corresponding duty - liberty = “freedom to act in a particular way”