Law and morality

Question 1

Similarity

Answer 1

both dictate and set standards of behaviour

Question 2

Difference

Answer 2

Laws are universal and everyone is subject to the law, whereas morality is down to individual belief and conformity

Question 3

Morality influence Law

Answer 3

Sexual Offence Act 1967 - legalisation of homosexual acts

Question 4

Law influencing morality

Answer 4

Race Relations Act 1976 - educate and reform public attitudes towards racism and discrimination

Question 5

Natural lawyer

Answer 5

e.g. Lord Devlin LAW SHOULD ENFORCE MORALITY

Question 6

Natural law case example

Answer 6

R V GIBSON - D was charged with outraging public decency (foetus earring case)

Question 7

Legal positivist

Answer 7

e.g. Professor Hart LAW SHOULD NOT INTEREFERE WITH MORALITY especially that concerning private lives

Question 8

legal positivism case example

Answer 8

GILLICK CASE - a child under the age of 16 does not require parental consent in order to receive contraception from a doctor

Question 9

Tort that takes into account morality

Answer 9

Duty of care & occupier’s liability towards trespassers (Addie v Dumbeck & BRB v Herrington)

Question 10

Tort that does NOT take into account morality

Answer 10

claiming psychiatric injury as a secondary victim (Alcock Criteria) *no moral basis to prevent too many successful claims