Law And Morality

Question 1

Side of argument

Answer 1

Law should NOT enforce morality

Question 2

P1
Where do law and morality coincide

Answer 2

Laws can be created as moral - RVR - martial rape

Set standard and dictate way majority behave

Both can be disgreegarded by some

Question 3

What is law

Answer 3

Rule that determines the way people behave as they are enforceable in some way

Question 4

What are morals

Answer 4

Non compulsory and behave that way due to social pressures

Question 5

What do positivist beleave

Answer 5

Laws are Valid regardless of morals

Question 6

Naturalist belief

Answer 6

Laws should enforce morals

Question 7

P1 where do laws and morals not coincide

Answer 7

Laws are enforceable with legal consequences
Morals only social disapproval
Laws are objective morals subjective
Morals depend on factors - wealth/ religion
There are morals that are not laws like adultry

Question 8

What factors effect morals

Answer 8

Wealth
Education
Culture
Religion
Family
Politics
Class

Question 9

Bentham

Answer 9

Greatest good for greatest number with out harming few

Question 10

Mill

Answer 10

Harm principle
Actions are limited to stop preventing harm to others

Question 11

Greatest good for greatest number example

Answer 11

Insanity
Protect public as in hospital
But not harm few as in hospital not prison

Question 12

Austin theory

Answer 12

Command theory

Question 13

What is command theory

Answer 13

Issued by gov
Threat of punishment
Generally obeyed

Question 14

Kelsen

Answer 14

Law and morality have nothing to do with each other

Question 15

Kelsen EG

Answer 15

Literal rule
Courts not interfering with bad bargaining

Question 16

Aquinas

Answer 16

Law should follow 10 commandments

Question 17

Issue with Aquianas

Answer 17

Pleurisy society so many wouldn’t agree with 10 commandments

Thou shall not kill yet can kill in self defence - crim just immigrat act 2008

However thou shall not kill followed in dursss - R V gotts V Howe not due murder or attempted

Question 18

Fuller

Answer 18

Some laws are so immoral they must be wrong

Question 19

Fuller example

Answer 19

Euthanasia can be seen as morally right yet still not enforced in law
DPP V PRETTY
Baroness mecher bill not pass
Dr cos

Question 20

Hart V devlin sides

Answer 20

Hart = positivist
Devlin = naturalist

Question 21

Devlin view

Answer 21

Naturalist
Without shared morals then no society can exist
Reasonable man should see if immoral and if disgust then illegal

Question 22

Issue with devlin side

Answer 22

Reasonable man test - pluristic society so range of views that won’t be consistent
Judges completing reasonable man will have narrow backgrounds

Tho Jury’s can give perverse verdict

Question 23

Hart

Answer 23

Society should not interfere with moral conduct

Protect freedom - R V Wilson can consent to harm

Laws that enforce morals should cease

Question 24

Why morals cannot be enforced

Answer 24

Pluralist society - who’s morals to enforce
Changing with times