Law And Morality Flashcards
1intro: What is there no one definition of
Law
1intro: What are there that can be made about Law
A few general statements
1intro: Who is Law made by and examples
Organs of the state, such as parliament and the courts
1intro: How may moral rules sometimes become law
Through the courts or through parliament
1intro: How can moral rules be enforced if they become law
By the courts and legal penalties can be imposed for breaking the rules eg theft
1intro: How did the judge Sir John Salmond describe Law
The body of principles recognised and applied by the state in the administration of justice
2law vs morality: What are there in relation to Law that do not apply to morality
Certain characteristics
2law vs morality: Difference between moral and legal rules related to development
Moral rules develop slowly over a period of time but legal rules are created and take effect relatively quickly and at a precise time
2law vs morality: What are moral rules, if legal rules are compulsory and must be obeyed
Voluntary
2law vs morality: Which rules vary and which rules are the same for everybody
Moral rules vary but legal rules are the same for everybody
2law vs morality: What is there not officially for breaking moral rules
No official sanction
2law vs morality: What does breaking legal rules result in official sanctions such as
Prison or community sentences
2law vs morality: How are moral rules enforced
By the disapproval of society
2law vs morality: How are legal rules enforced
Through the courts
3morality: What is morality based on
What people believe to be right or wrong
3morality: What is morality a body of
Unofficial codes which govern how people should behave
3morality: What do moral rules differ from
One society to another
3morality: What do nearly all societies outlaw
Extreme behaviour such as murder
3morality: What factors do divergent views on what is morally acceptable behaviour depend on
Culture and religion
3morality: Examples of issues that see divergent views within a society
Adultery, abortion and gay marriage
3morality: What are adultery and abortion and gay marriage in some countries
Crimes
3morality: Are abortion, adultery and gay marriage crimes in egnland
No, although some may see them as morally wrong
3morality: How are moral rules enforced informally
By community
3morality: Example of how moral rules may be enforced informally by the community
A person who repeatedly tells lies/breaks promises may be shunned by friends, family or work colleagues
3morality: What is compliance with purely moral rules not required by
The state
3morality: How do moral rules develop
Gradually
3morality: Examples of how conduct once considered immoral can overtime become acceptable
Attitudes towards homosexuality continue to change
4law seeking to uphold morality: There are a number of ways in which the law seeks to uphold…
Moral principles
4law seeking to uphold morality: What does public morality influence the judiciary in making
Case Law
4law seeking to uphold morality: What moral rule was the decision in brown and others influenced by
That sadomasochistic activities are unacceptable, even if apparently consented to
4law seeking to uphold morality: Example of how public morality influences parliament
After years of pressure the marriage (same sex couples) act 2018 allowed same sex couples to be legally married
4law seeking to uphold morality: Example of legislation that influences public morality
Equality act 2010
4law seeking to uphold morality: Aims of equality act 2010
To educate people with regard to treating others differently on the grounds of age, sex, sexual orientation, pregnancy, race and disability
4law seeking to uphold morality: How has legislion changed societies views
On drink driving and smoking in public buildings
5diversion law and morality: How can Law and morality diverge
Some legal rules appear to have no moral connection
5diversion law and morality: Examples of offences which have no moral connection
Is it morally wrong to park on double yellow lines or drive on a motorway at 75mpg
5diversion law and morality: Example of moral rules that have little/no legal backing
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
6 conflicting moral views: Why does the law often face difficulty in taking a moral position
Due to the existence of conflicting moral views in our pluralistic society
6 conflicting moral views: What mixture is there in the UK population
Mixed cultures, races and political views
6 conflicting moral views: What does the UK population of mixed cultures, races and political views lead to
A significant divergence if views on a number of moral issues
6 conflicting moral views: Example of divergent views on abortion
Some people regard abortion as immoral, whilst some feel it as acceptable for medical reasons
6 conflicting moral views: Why is there even disagreement amongst those in favour of abortion
About the stage of pregnancy at which the procedure is acceptable
7morality v wider public interest: What does the law sometimes race a conflict between
Morality and the wider public interest
7morality v wider public interest: What did a catholic mother object to in GILLICK
guidance given to doctors by the government that they could offer contraceptive treatment to girls under 16 without parental consent
7morality v wider public interest: Why did the mother in gillick argue the guidelines should be made illegal
As they encouraged under age sex
7morality v wider public interest: What did the House of Lords hold by a majority on gillick
That a child can consent to medical treatment, provided she had the necessary maturity and sound understanding to do so
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
Physical or mental harm and the other consequences of unwanted teenage pregnancies
8 natural law v positivism: What is there a heated debate about
Whether the Law ought to uphold moral values
8 natural law v positivism: How does a supporter of natural law see Law and morals
As interlinked
8 natural law v positivism: What does a supporter of positivism see Law and morality as
Separate
8 natural law v positivism: Positivism: the validity of a law should not depend on
Whether it is good or bad but whether it has been made in the correct way
8 natural law v positivism: What do supporters of natural law believe Law should be used to prohibit
Conduct that is viewed by them as immoral even if the conduct does not result in harm to others
8 natural law v positivism: What is important to supporters on natural law
Common values and the need for a cohesive society
8 natural law v positivism: Which senior judge supports natural law
Lord devlin
8 natural law v positivism: Which academic is Lord devlin a debate with
Professor hart
8 natural law v positivism: What can lord devlins legal moralism approach be seen in
Shaw v dpp
9 wolfenden committee: When was the debate between the two schools of thought seen in 1957
When the wolfenden committee recommended that prostitution and homosexuality in private should no longer be criminal
9 wolfenden committee:Why did lord devlin disagree with lord devlin
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
9 wolfenden committee:Why did professor hart agree with the wolfenden committee
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
9 wolfenden committee:What did hart point out that objections to unusual behaviour are often prompted by
Ignorance, prejudice and misunderstanding
9 wolfenden committee:Who was hart influenced by
John Stuart mill
9 wolfenden committee:What did John Stuart mill believe
That the law should allow people the freedom to make their own choices so long as they do not harm others
10 public opinion changes: One problem with morality being enforced in court
Public opinion changes and there may not be any meaningful consensus on what is morally right
10 public opinion changes:What does the law have to make moral decisions to keep up with
Medical advances
10 public opinion changes:What does the human fertilisation and embryology act 2008 regulate
The manipulation of genes to produce designer babies
10 public opinion changes:What does the act only allow sex delectiom in the uk if otherwise
Serious harm would occur eg through a gender related hereditary diseases
10 public opinion changes:Why would some cultures have no problem with sex selection
On basis that boys inherently have more worth
11 assisted suicide: Which legislation seems reflect Lord devlins core
That relating to assisted suicide
11 assisted suicide: What has there been no decriminalisation of assisted suicide in UK despite
A shift in public opinion towards sympathy for the relatives that help a loved one to die in order to stop his/her suffering
11 assisted suicide: How has changing public morality been taken into account by CPS
They’ll only prosecute for assisted suicide if they suspect the motivation for the killing
11 assisted suicide: What is arguable if there is no shared opinion on whether something is morally right
The law should leave matters to individual choice
12 conc: What do even libertarians like professor hart acknowledge
The need for some morality as the basis of law and most important laws (eg theft and murder) are based on morality
12 conc: What does saying that the law should enforce the values of right minded people beg the question of
What is a right minded person and who decided
8natural law v positivsm: Which laws need not be obeyed according to legal moralists
Laws that do not correspond with the morality of right minded people need not be obeyed
8natural law v positivsm: What matters most in professor harts libertarian model
The autonomy of the individual
8natural law v positivsm: What is a valid law based on according to supporters of natural law
Morality that comes from a higher source such as god
8natural law v positivsm: What does professor hart state that each person has the right to do in his libertarian model
Love their life any way they choose, as long as they respect the rights of others
8natural law v positivsm: What did D publish in shaw v dpp
A ladies directory which listed contact details of prostitutes, the services they offered and nude pictures
8natural law v positivsm: What was d convicted of in shaw v dpp
Conspiracy to corrupt public morals
8natural law v positivsm: Why did judges create the offence of conspiracy to corrupt public morals
To protect the moral welfare of the state
