Law and Morality Flashcards
How are morals defined in the Oxford English Dictionary?
-A system of values and principles of conduct, held by a specified person or society
What are morals based upon?
- Normative, based on what is acceptable and what is unacceptable
- Can be influenced by religion, e.g. ten commandments, or culture/sub-cultures, e.g. vegan movement (Pluralist society means people have different morals)
What is the definition of laws and who gave us this definition?
- The body of principles recognized and applied by the state in the administration of justice
- Sir John Salmond
What similarities/relationships are there between laws and morals?
- Both are normative and regulate behaviour
- Ten commandments influence laws, e.g. thou shall not steal and the Theft Act 1968
- Change in morals can influence the law, R v R
- Law can influence moral values, Race Relations Act
What differences are there between laws and morals?
- Legal rules take place at a precise time, whereas morals develop gradually, R v R
- Laws are universal, whereas morals can be culturally relative, e.g. Misuse of Drugs Act 1971 carries 7 years for possession of drugs, despite many young people having tried class A drugs
- Laws do not always fully comply, e.g. in some cases homicide is allowed, such as self defence
What is the importance of the relationship between law and morality?
- Law and morality have a flexible relationship, it can help to make laws relevant to the society they live
- Laws and morals compliment each other in reinforcing standards in society
What was the Wolfenden Report?
- 1950s, made the recommendations which were later introduced by legislation
- Prostitution to be decriminalized and homosexual acts in private to be decriminalized
What did Lord Devlin say that the relationship between law and morality should be?
-The law should enforce morality, without a common code of morality society will collapse, the law should protect against immorality
What did Professor Hart say that the relationship between law and morality should be?
- In a pluralistic society it would be impossible to find a common code of morality, to try and enforce a moral code would infringe on the right of free choice
- The law should only be used to protect against harm or injury caused against the victims wishes
What cases shows morals influencing the judges decisions?
- Brown, the judge said the acts of homosexual mean was ‘evil’ despite them being in private and consented to and no medical help was required
- Gibson, the archaic common law of ‘outraging public decency’ was used to punish an artist who made earrings from freeze-dried fetuses
What cases show morals not playing a role in the judges decision?
- Gillick, ruled that giving contraceptive advice and treatment to girls under 16 without parental permission was allowed to stop the risk of teen pregnancy, despite the moral issues involved
- Re A, the defence of necessity came into play, despite moral issues, conjoined twins were separated even though it meant that one of them would die
