law and morality

Question 1

laws

Answer 1

• a system of man-made rules that are created and enforced through social or governmental institutions to regulate behaviour

Question 2

morals

Answer 2

• a subjective code of values and beliefs that are based on what the individual feels is right or wrong
• are separate to laws but can overlap

Question 2

pluralism and morals

Answer 2

• a society where the people in it have differing beliefs and tolerate each other’s beliefs even though they might not match their own
• beliefs there is more than one:
  1. culture
  2. religion
  3. political party
  4. language
  5. ethnic origin
  6. social class

Question 3

legal positivism theory

Answer 3

• states that laws are valid if they are made by the recognised legislative power
• laws and morals should be viewed separately

Question 4

jeremy bentham (legal positivism)

Answer 4

• utilitarian
• actions morally right = tent to promote happiness or pleasure
• actions morally wrong = tend to promote unhappiness and pain

Question 5

natural law theory

Answer 5

• rejects legal positivism
• states that man-made laws can only be valid if they are compatible with higher, moral authority
• if laws don’t follow society’s moral’s they lack validity

Question 6

thomas aquinas (NLT)

Answer 6

• believed that god created all living things so they tend to gravitate towards god given goals/morals

Question 7

laws with a moral basis

Answer 7

• do not murder
• discrimination (equality act)

Question 8

morals enforceable by law

Answer 8

• fraud
• harming others

Question 9

morals not enforceable by law

Answer 9

• adultery
• love thy neighbour

Question 10

john stuart mill

Answer 10

• utilitarianism
• argued that individuals should be free to choose their own conduct so long as in doing so they didn’t directly harm others

Question 11

hart-devlin debate and the sexual offences act 1967

Answer 11

• wolfenden committee set up in the 1960s to review the laws on homosexuality and prostitution
• argued that both should be legalised with some restrictions as some areas of behaviour have to be left to individual morality rather than being supervised by the law

Question 12

duty of care and the neighbour principle (morality and tort)

Answer 12

• we have a duty of care to the people around us (love thy neighbour)
• you must take care to avoid injury to your neighbour, the moral standpoint is that you should be a good samaritan

Question 13

occupiers 1984 and duty to trespassers (morality and tort)

Answer 13

• development of the duty of care for child trespassers is reflected in society’s changing moral views/attitudes towards children
• we should ensure anyone who comes onto our land is safe

Question 14

rule in rylands v fletcher (morality and tort)

Answer 14

• strict liability nature of rylands (no fault is necessary) reflects morality
• the person who’s substance escapes should be blamed