law and morality Flashcards
what are laws
rules that regulate behavior and are enforcable by the state
how do twining and miers define law
‘a genral norm mandating or guiding conduct’
what are the 3 reasons heart sugessts we obey rules
moral obligation
reasonableness
fear of punishment
how do elliot and quinn define morals
‘beliefs and values shared by society or a section of society’
in what way does the source of legal and moral rules differ
legal-by perliment/courts
moral-developed by society/religon/culture
in what way does the enforcemnt of legal and moral rules differ
legal-police,courts and sanctions
moral-social guilt/pressure
in what way does the change in legal and moral rules differ
legal-quick through legislation
moral- evolves slow over time
in what way does the consiquence of legal and moral rules differ
legal-fines, prison/other legal penalties
moral-social disapproval/exclusion
how does abortion show the conflict between legal and moreal rules
legal since 1967 but for some is considerd moraly wrong
give some examples of thter things that show the conflict between legal and moral rules
adultery- immoral but legal
homosexuality-was illegal now not
euthinasia-illegal but in some cases moraly right
who defined the term pluralist society
durkhiem
what is derkhimes definition of pluralist society
as individulas we all differ so its impossible we all share the same moral views
give examples of things that people have diffreing moral views on (hilighting pluralist society)
euthanasia
prostitution
drug usage
fox hunting
what is a core moral value and exaple
universaly accepted morals often reflected in law
murder is wrong
give an example of a legal and moral rule
murder is ilegal and imoral
give an example of a legal but immoral rule
adultery is immoral to some but legal
give an example of an illagal and imoral rule
euninasia is illegal and imoral for some
in what way is there overlap in legal and moral rules
many laws reflect moral values
how can moral attitudes shape the law with a case example
the hlep shape legal reforms
RvR-marital rape
what are the beliefs of legal positives
individual freedom is more important than morality
laws are valid when corectly made by legislatives and must be followed
what key idea did john Stuart mill believe
utilitarianism
what is utilitarianism
people should be free to act as they wish so long as they are causing no harm to others
what did schur believe
‘victimless crimes’ eg drug use and homosexuality shouldnt be illegal
in adoption of schurs beliefs when was the wolfenden report and what did it suggest
1957
reccomended homosexuality and prostitution should be legalised
what did heart belive upholding moral standards through law was
unnecessary, undesirable and unacceptable
what cases used the hear approach
gillick v west norfolk- individual rights over morals
r v wilson-law not intervening in private lives
what is the belief of natral lawers
valididty of law dependas upon it complying with a higher moral authority eg god
what did devlin believe
society needs a shared moral code enforced by law
what did fuller believe
laws contradicting morality are invalid
give examples of cases using devlins approach
shaw v DPP
r v brown
what was the case + simple facts arround the heart-fuller debate
nazi grudge informer case
wife ratted her husbend and he pressed charges post ww2
what did hear and fuller each believe in relation to the heart-fuller debate
heart-nazi laws were immoral but legaly inforcable
fuller-the laws contradicted morality and were thus invalid
what was the real life impact of the heart-fuller debate
nazi informers were preosecuted after fullers argumnet
how do laws reflect the pluralist society
diffrent beliefs are protected by human rights and non-descrimination laws
what are the limits to human rights and non-discrimination laws
artical 10 of ECHR protects freedom of expression but this isnt an absolute rights
give a case example of a case with conflicting moral calaims
Re A -conjoined twins
