Law and Morality Case Studies Flashcards
R v Rix 2003 p.204 (natural law)
Changing moral views can lead to developments in the law.
It was ruled in 1736 that ‘a man cannot rape his wife’.
In 1991 Owen J stated: ‘I find it hard to believe that it ever was common law that a husband was in effect entitled to beat his wife into submission to sexual intercourse’.
The law eventually caught up with perceived public morality.
R v Wilson 1996 p.169 (positivism)
branding your wifes arse cheek consensually with your initials using a hot knife is lawful.
she needed medical attention but it was ‘personal adornment’ (decoration) like a tattoo. part of the ‘rough sex defense’
R v Human Fertilisation and Embryology Authority ex parte Blood 1997 (positivism)
An attempt to reconcile media driven support for a widow’s desire to have a child using sperm obtained from her comatose husband immediately prior to his death.
the 1990 Human Fertilisation and Embryology Act prohibits the storage of his cryopreserved sperm and its use in artificial insemination by the widow.
R v Dudley & Stephens 1884 p.150 (Natural law)
Defence of necessity
shipwrecked sailors eat cabin boy to survive were charged with murder.
tests for necessity include:
1. the act must be done in order to prevent a worse evil from happening
2.the evil must me directed to the defendant or a person/persons of whom they were responsible (babies)
3. the act must be reasonable and proportionate to the evil avoided
R v Brown 1993 p.99 (Natural law)
The five appellants were convicted on various counts of ABH and wounding a under the Offences Against the Person Act 1861.
The injuries inflicted during consensual homosexual sadomasochist activities.
The trial judge ruled that the consent of the victim conferred no defence and the appellants thus pleaded guilty and appealed. The Court of Appeal upheld the convictions
R v Cox 1992 (Natural law)
medical professionals were held to have unlawfully killed their patient
One of the patients of Doctor Cox had a number of medical problems and was terminally ill.
Doctor Cox injected this patient with potassium chloride, killing the patient.
Knuller v DPP 1973 (Natural law)
director of a company
published magazines.
had columns to advertise homosexual practices.
concluded that this information encouraged males to meet up and engage in homosexual activity.
convicted for conspiracy to corrupt public morals.
Shaw v DDP 1962 (Natural law)
published a ‘ladies directory’ which listed contact details of prostitutes, the services they offered and nude pictures.
He would charge the prostitutes a fee for inclusion and sell the directory for a fee.
He was convicted of conspiracy to corrupt public morals, living on the earnings of prostitution and an offence under the Obscene Publications Act 1959.
The appellant appealed on the grounds that no such offence of conspiracy to corrupt public morals existed. so they made one.
Pretty v DDP (Natural law)
The applicant Diane Pretty, suffered from motor neurone disease (MND).
There is no known treatment or cure and those that suffer from it will generally die a slow and undignified death.
She wrote to the Director of Public Prosecutions (DPP) seeking an immunity from prosecution for her husband should he assist her to die. This was refused and she brought an action in the High Court for judicial review
Evens v UK 2007 (Positivism)
The applicant had her eggs extracted for the purposes of IVF.
ovaries were removed due to the presence of tumors.
Six embryos were created using her eggs and the sperm of her partner.
The law allowed for the withdrawal of consent by either party prior to ‘use’ of the embryos. Both signed.
Relationship ended and he withdrew his consent for the applicant to use the embryos.
She argued under Article 2 that the embryo was entitled to a right to life; under Article 8 that allowing for the withdrawal of consent would violate her right to respect for her private and family life.
her claim was rejected.
