Law and morality Flashcards
What is the difference between law and morals
A law is a set of rules which set by the authorities to create boundaries and must be followed.
Morals are set by society to determine what is right or wrong based on beliefs and values
How are morals formed
- formed within a community
- religion
What is the Wolfenden committee report 1957
- Asked to examine a range of moral issues
- they recommended the legalisation of homosexuality and prostitution.
What did Lord Devlin believe
He believed law and morality could not be separated as acts in private could also weaken society.
What did Professor Hart believe
He believed the state had no right to intervene in private matter. Wolfenden committee supported his views
What is the natural law
A theory created by Sir Thomas Aquinas which states there is a higher law which law must follow
What is positivism
Positivists don’t believe in the natural law as they think it is false. They only look and care about laws that are man made.
What happened in the case of R v R and why is it significant
Common law (judicial decision) changed the law regarding marital rape
Relationship did not work out and women moved out.
Defendant broke into her parents house and attempted to have sexual intercourse with no consent
He was found guilty.
What was John Stuart Mills theory
He believed in utilitarianism in which he thought a moral action is the one that is for the greater good even at the expense of one individual.
What happed in the case R v Brown
Defendants committed homosexual in private. All the men consented however some minor injuries sustained.
House of lords demanded these acts should be treated as unlawful however the decision was upheld as two of the five judges believed the HoL were creating a certain standard for reasonable behaviour
What happened in R v Wilson
Man branded wife’s buttocks however he was not convicted as it was consensual and the law had no right to intervene in private matters.
