law and morality (P2+3) Flashcards
what are laws?
rules and regulations that are objective and not necessarily fault-based
what are morals?
subjective personal codes of values/beliefs that are based on levels of fault and determine what is right or wrong
what does the Uk being a pluralist society mean?
there is more than one culture, language, ethnicity, religion, social class, political party etc
what are some examples of law and morals conflicting?
-breaking laws requires sanction, breaking morals just results in social condemnation
-laws are obligatory, morals are subjective
-laws are made by formal institutions, morals have no formal creation
what are the 4 key principles defined by Lord Devlin that decide whether moral offences should be prohibited?
-the individual freedom to be allowed must be consistent with the integrity of society
-the limits of such tolerance are not static, but lawmakers should be slow to change laws that protect morality
-privacy must be respected as far as possible
-the law is concerned with minimum rather than maximum standards of behaviour
what are the two philosophies?
-positivism
-natural law theory
what is positivism?
holds the idea that law and morality should be kept seperate
who are some key thinkers for positivism?
-Aristotle - law should be ‘reason, free from passion’
-Bentham - natural law theory is ‘nonsense upon stilts’
what are some key cases on positivism?
-R v Wilson - branded his initials on his wife’s buttocks, got infected, doctor reported it to police, charged with ABH
-Evans v UK - evans wanted to use embryos fertilised by her ex-partner, he refused, consent was necessary in law despite emotional issues
what is the natural law theory?
believes the law should be used to enforce moral values
who are some key thinkers for the natural law theory?
-St Thomas Aquinas - natural law theory is a ‘dictate of right reason’
-Lord Devlin - ‘it is an error of jurisprudence to separate crime from sin’
key cases on the natural law theory
-R v Dudley and Stephens - shipwrecked, drew straws, ate the cabin boy to survive, charged with murder
-R v Cox - doctor that administered a fatal injection when his patients condition worsened and she begged him to end her life, found guilty of murder but given a suspended sentence
