Law and Morality

Question 1

How did Sir John Salmond describe law ?

Answer 1

A body of principles recognised and applied by the state in the administration of justice

Question 2

What are legal rules ?

Answer 2

stat. or common law rules used to enforce basic rights and regulate society

Question 3

What stops us from breaking these legal rules

Answer 3

Sanctions administered by the state (jail, community service etc.)

Question 4

How did Phillip Harris define morals ?

Answer 4

set of principles affecting standards of behaviour that change over time and aren’t shared by all members of society

Question 5

What examples are given to prove that morals are often developed by religious beliefs

Answer 5

Christians - 10 commandments and bible

Question 6

What do morals rely on ? and 1 example

Answer 6

someone’s sense of shame and condemnation stopping them from going against their morals
Adultery

Question 7

What does the Marriage Act 1949 show and what did it develop ?

Answer 7

that morals are fluid and it introduced the Equal Marriage under Marriage (Same Sex Couples) Act 2013

Question 8

What do Legal Positivist believe ?

Answer 8

law and morals are distinct seperate issues and that legal rules are valid if created properly through legislation

Question 9

What did positivity Austin say

Answer 9

‘A law which exists is a law, though we happen to dislike it’

Question 10

What is the command theory by Austin ?

Answer 10

the law is a comman we must obey regardless of the fact we think it is immoral e.g Nazi Germany Laws

Question 11

What is a Natural Law theorist ?

Answer 11

Law and morals should have a link and law should enforce morality

Question 12

What does St Thomas Aquinas say?

Answer 12

laws come from god and when fail to conform to morality they are invalid

Question 13

Why would Aquinas disagree with Austin

Answer 13

would agree that informants should be punished after the war even thought during Nazi Germany they were following the law

Question 14

What did Lon Fuller add to natural law after the decline in religion?

Answer 14

valid legal system has 8 legal & moral requirements incl. that it is in existence, published, understandable and consistent

Question 15

Why did Bentham criticise natural law

Answer 15

confusing legal and moral issues

Question 16

What did the Wolfenden Report lead to and how does it relate to the Hart- Devlin debate?

Answer 16

de criminalisation of homosexuality under Sexual Offences Act 1967 highlighted disagreement between positivism and naturalism (Hart- Devlin dante)

Question 17

What did the WR say ?

Answer 17

law shouldn’t ’intervene in the private life of citizens’ & “must remain a realm of private morality and immorality which is not the laws business”

Question 18

Why was Lord Devlin critical of the WR?

Answer 18

law should set basic standard of morality and if private immoral conduct was allowed then society may disintegrate

Question 19

What was said by Lord Templeman about R V Brown

Answer 19

moral duty to protect society against moral behaviour however the 5 men engaging in consensual acts still resulted in a guilty verdict = law enforced morals

Question 20

What is the utilitarian approach oh John Stuart Mill ?

Answer 20

the minority in society shouldn’t be made to conform to the majority

Question 21

Why did Hart disagree with the decision in R V Brown

Answer 21

law shouldn’t enforce as unnecessary undesirable and unacceptable law should be limited in protecting and enforcing morals

Question 22

When should the law enforce morals

Answer 22

when a ‘Genuine threat to social order from the immoral conduct’

Question 23

What did Russel LJ Drew sayin in the case of R V Wilson compared to R V Brown

Answer 23

“Consensual activity between husband and wife, in the privacy of the matrimonial home, is not, a proper matter for criminal investigation let alone prosecution”

Question 24

Why did Hart and Mill disagree with the ruling in Brown ?

Answer 24

wasn’t threatening society only themselves , private immorality is private and not for state interference

Question 25

Why is it difficult for Parliament to pass laws to reflect morals

Answer 25

because what some people consider immoral others do not

Question 26

What does Durkheim say and how does it contradict ?

Answer 26

in small societies possible for a common morality and common laws however we line in pluralist society with different beliefs co existing

Question 27

Why may Parl. use Private Members Bills

Answer 27

to pass controversial laws without opposing the public and ultimately staying in power

Question 28

What is an example of Parl. passing controversial acts under Private Members Bills

Answer 28

the Abortion Act reflecting a women’s right to choose but opposed by the church and therefore is based on morals

Question 29

What law is seen to not enforce morality ?

Answer 29

Euthanasia as many believe it’s morally right however the Assisted Dying Bill was defeated in parliament

Question 30

Why did the case of Pretty V DPP cause such controversy ?

Answer 30

refused a terminally ill women the right to die which was supported by Religious Orgs. but Social Groups disagreed

Question 31

What was it that Social Groups and Movements argued about Pretty V DPP

Answer 31

immoral to refuse Pretty the right to die and allow a human being to suffer and lose their dignity

Question 32

Why do strict liability offences not call for the law to enforce morality

Answer 32

as helps protect public and ensure high standards regarding health and safety

Question 33

Why was Callow V Willstone criticised

Answer 33

butcher who was found guilty of selling meat unfit for consumption even after checking with a vet - unfair to be found guilty of something u didn’t know u were committing if try to prevent

Question 34

What did the case of Re A. the conjoined twins show about morality when the court authorised their separation ?

Answer 34

made on a moral ground as the parents didn’t want as a religious choice so judges called old and out of touch

Question 35

morals and laws and intertwined give an example

Answer 35

‘Thou shalt not kill’ 10 commandments
Common Law Murder - LJ Coke