Law And Morality Essay

Question 1

Main parts

Answer 1

Intro
Relationship between law and morality
How law and morality influence each other
Should law enforce morality

Question 2

Intro

Answer 2

Definition of law-positivism and natural law
Definition of morality-family and friends
Characteristics of law-easy to change (RvG&R)
Characteristics of morality-take time to change

Question 3

Relationship between law and morality

Answer 3

Similarities
   Salmond's interlocking circles 
   Murder and theft
   Neglecting children (Gibbins&Procter)
Differences
   Omissions
   Adultery
   Strict liability (Alphacell v Woodward)

Question 4

How law and morality influence each other

Answer 4

Marital rape
Smoking
Racism
Homosexuality

Question 5

Should law enforce morality

Answer 5

Law is separate from morality, positivists agree
Devlin
Without shared morals, no society can exist
Devlin would have been in favour of R v Gibson and R v Brown
Hart
Legally enforcing morals is unnecessary and against civil liberties
Conflict in views (Gillick)
Outrage in moral panic leads to stricter standards (Jimmy Saville)