Essay Conclusion

Question 1

Law and Morality conclusion

Answer 1

-Judges need to make a decision whether they are prioritising morals or law, on a case by case basis
-cannot be complete separation between law and morals as many are intertwined
-judges tend to be very stereotypical - ‘white, middle class and middle aged’
-their morals may be out of touch with societies
-common law may not be in line with societal views as the judges moral views are outdated, especially on topics such as sexuality, drug legalisation and assisted suicide
-HOWEVER
-Harts arguments, as we become more diverse as a society, may become more reflected in judicial decision making
-i.e. private matters should remain so and not be the subject of the law, regardless of its perceived moral value.