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Law > Law And Morality > Flashcards

Law And Morality Flashcards

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1
Q

1intro: What is there no one definition of

A

Law

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2
Q

1intro: What are there that can be made about Law

A

A few general statements

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3
Q

1intro: Who is Law made by and examples

A

Organs of the state, such as parliament and the courts

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4
Q

1intro: How may moral rules sometimes become law

A

Through the courts or through parliament

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5
Q

1intro: How can moral rules be enforced if they become law

A

By the courts and legal penalties can be imposed for breaking the rules eg theft

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6
Q

1intro: How did the judge Sir John Salmond describe Law

A

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

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7
Q

2law vs morality: What are there in relation to Law that do not apply to morality

A

Certain characteristics

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8
Q

2law vs morality: Difference between moral and legal rules related to development

A

Moral rules develop slowly over a period of time but legal rules are created and take effect relatively quickly and at a precise time

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9
Q

2law vs morality: What are moral rules, if legal rules are compulsory and must be obeyed

A

Voluntary

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10
Q

2law vs morality: Which rules vary and which rules are the same for everybody

A

Moral rules vary but legal rules are the same for everybody

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11
Q

2law vs morality: What is there not officially for breaking moral rules

A

No official sanction

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12
Q

2law vs morality: What does breaking legal rules result in official sanctions such as

A

Prison or community sentences

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13
Q

2law vs morality: How are moral rules enforced

A

By the disapproval of society

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14
Q

2law vs morality: How are legal rules enforced

A

Through the courts

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15
Q

3morality: What is morality based on

A

What people believe to be right or wrong

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16
Q

3morality: What is morality a body of

A

Unofficial codes which govern how people should behave

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17
Q

3morality: What do moral rules differ from

A

One society to another

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18
Q

3morality: What do nearly all societies outlaw

A

Extreme behaviour such as murder

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19
Q

3morality: What factors do divergent views on what is morally acceptable behaviour depend on

A

Culture and religion

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20
Q

3morality: Examples of issues that see divergent views within a society

A

Adultery, abortion and gay marriage

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21
Q

3morality: What are adultery and abortion and gay marriage in some countries

A

Crimes

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22
Q

3morality: Are abortion, adultery and gay marriage crimes in egnland

A

No, although some may see them as morally wrong

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23
Q

3morality: How are moral rules enforced informally

A

By community

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24
Q

3morality: Example of how moral rules may be enforced informally by the community

A

A person who repeatedly tells lies/breaks promises may be shunned by friends, family or work colleagues

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25
Q

3morality: What is compliance with purely moral rules not required by

A

The state

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26
Q

3morality: How do moral rules develop

A

Gradually

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27
Q

3morality: Examples of how conduct once considered immoral can overtime become acceptable

A

Attitudes towards homosexuality continue to change

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28
Q

4law seeking to uphold morality: There are a number of ways in which the law seeks to uphold…

A

Moral principles

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29
Q

4law seeking to uphold morality: What does public morality influence the judiciary in making

A

Case Law

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30
Q

4law seeking to uphold morality: What moral rule was the decision in brown and others influenced by

A

That sadomasochistic activities are unacceptable, even if apparently consented to

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31
Q

4law seeking to uphold morality: Example of how public morality influences parliament

A

After years of pressure the marriage (same sex couples) act 2018 allowed same sex couples to be legally married

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32
Q

4law seeking to uphold morality: Example of legislation that influences public morality

A

Equality act 2010

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33
Q

4law seeking to uphold morality: Aims of equality act 2010

A

To educate people with regard to treating others differently on the grounds of age, sex, sexual orientation, pregnancy, race and disability

34
Q

4law seeking to uphold morality: How has legislion changed societies views

A

On drink driving and smoking in public buildings

35
Q

5diversion law and morality: How can Law and morality diverge

A

Some legal rules appear to have no moral connection

36
Q

5diversion law and morality: Examples of offences which have no moral connection

A

Is it morally wrong to park on double yellow lines or drive on a motorway at 75mpg

37
Q

5diversion law and morality: Example of moral rules that have little/no legal backing

A

Whilst there is a moral duty to help those in danger, the general principle in this country is that there is no criminal liability for an omission to act

38
Q

6 conflicting moral views: Why does the law often face difficulty in taking a moral position

A

Due to the existence of conflicting moral views in our pluralistic society

39
Q

6 conflicting moral views: What mixture is there in the UK population

A

Mixed cultures, races and political views

40
Q

6 conflicting moral views: What does the UK population of mixed cultures, races and political views lead to

A

A significant divergence if views on a number of moral issues

41
Q

6 conflicting moral views: Example of divergent views on abortion

A

Some people regard abortion as immoral, whilst some feel it as acceptable for medical reasons

42
Q

6 conflicting moral views: Why is there even disagreement amongst those in favour of abortion

A

About the stage of pregnancy at which the procedure is acceptable

43
Q

7morality v wider public interest: What does the law sometimes race a conflict between

A

Morality and the wider public interest

44
Q

7morality v wider public interest: What did a catholic mother object to in GILLICK

A

guidance given to doctors by the government that they could offer contraceptive treatment to girls under 16 without parental consent

45
Q

7morality v wider public interest: Why did the mother in gillick argue the guidelines should be made illegal

A

As they encouraged under age sex

46
Q

7morality v wider public interest: What did the House of Lords hold by a majority on gillick

A

That a child can consent to medical treatment, provided she had the necessary maturity and sound understanding to do so

47
Q

7morality v wider public interest: What were the majority of law lords in gillick applying to Law in order to prevent, rather than taking a moral standpoint

A

Physical or mental harm and the other consequences of unwanted teenage pregnancies

48
Q

8 natural law v positivism: What is there a heated debate about

A

Whether the Law ought to uphold moral values

49
Q

8 natural law v positivism: How does a supporter of natural law see Law and morals

A

As interlinked

50
Q

8 natural law v positivism: What does a supporter of positivism see Law and morality as

A

Separate

51
Q

8 natural law v positivism: Positivism: the validity of a law should not depend on

A

Whether it is good or bad but whether it has been made in the correct way

52
Q

8 natural law v positivism: What do supporters of natural law believe Law should be used to prohibit

A

Conduct that is viewed by them as immoral even if the conduct does not result in harm to others

53
Q

8 natural law v positivism: What is important to supporters on natural law

A

Common values and the need for a cohesive society

54
Q

8 natural law v positivism: Which senior judge supports natural law

A

Lord devlin

55
Q

8 natural law v positivism: Which academic is Lord devlin a debate with

A

Professor hart

56
Q

8 natural law v positivism: What can lord devlins legal moralism approach be seen in

A

Shaw v dpp

57
Q

9 wolfenden committee: When was the debate between the two schools of thought seen in 1957

A

When the wolfenden committee recommended that prostitution and homosexuality in private should no longer be criminal

58
Q

9 wolfenden committee:Why did lord devlin disagree with lord devlin

A

He argued that the law should be used to support morality. Immoral acts even if done in private could undermine society. Judges should enforce moral rules to protect society and preserve some sort of common morality

59
Q

9 wolfenden committee:Why did professor hart agree with the wolfenden committee

A

He argued that morality is a private matter and that law should not be used to enforce morality. The state should lot intervene to restrict the freedom of the individual, unless the conduct could harm others

60
Q

9 wolfenden committee:What did hart point out that objections to unusual behaviour are often prompted by

A

Ignorance, prejudice and misunderstanding

61
Q

9 wolfenden committee:Who was hart influenced by

A

John Stuart mill

62
Q

9 wolfenden committee:What did John Stuart mill believe

A

That the law should allow people the freedom to make their own choices so long as they do not harm others

63
Q

10 public opinion changes: One problem with morality being enforced in court

A

Public opinion changes and there may not be any meaningful consensus on what is morally right

64
Q

10 public opinion changes:What does the law have to make moral decisions to keep up with

A

Medical advances

65
Q

10 public opinion changes:What does the human fertilisation and embryology act 2008 regulate

A

The manipulation of genes to produce designer babies

66
Q

10 public opinion changes:What does the act only allow sex delectiom in the uk if otherwise

A

Serious harm would occur eg through a gender related hereditary diseases

67
Q

10 public opinion changes:Why would some cultures have no problem with sex selection

A

On basis that boys inherently have more worth

68
Q

11 assisted suicide: Which legislation seems reflect Lord devlins core

A

That relating to assisted suicide

69
Q

11 assisted suicide: What has there been no decriminalisation of assisted suicide in UK despite

A

A shift in public opinion towards sympathy for the relatives that help a loved one to die in order to stop his/her suffering

70
Q

11 assisted suicide: How has changing public morality been taken into account by CPS

A

They’ll only prosecute for assisted suicide if they suspect the motivation for the killing

71
Q

11 assisted suicide: What is arguable if there is no shared opinion on whether something is morally right

A

The law should leave matters to individual choice

72
Q

12 conc: What do even libertarians like professor hart acknowledge

A

The need for some morality as the basis of law and most important laws (eg theft and murder) are based on morality

73
Q

12 conc: What does saying that the law should enforce the values of right minded people beg the question of

A

What is a right minded person and who decided

74
Q

8natural law v positivsm: Which laws need not be obeyed according to legal moralists

A

Laws that do not correspond with the morality of right minded people need not be obeyed

75
Q

8natural law v positivsm: What matters most in professor harts libertarian model

A

The autonomy of the individual

76
Q

8natural law v positivsm: What is a valid law based on according to supporters of natural law

A

Morality that comes from a higher source such as god

77
Q

8natural law v positivsm: What does professor hart state that each person has the right to do in his libertarian model

A

Love their life any way they choose, as long as they respect the rights of others

78
Q

8natural law v positivsm: What did D publish in shaw v dpp

A

A ladies directory which listed contact details of prostitutes, the services they offered and nude pictures

79
Q

8natural law v positivsm: What was d convicted of in shaw v dpp

A

Conspiracy to corrupt public morals

80
Q

8natural law v positivsm: Why did judges create the offence of conspiracy to corrupt public morals

A

To protect the moral welfare of the state

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