Law And Morality - The Relationship Between Law And Morality

Question 1

What is the overview?

Answer 1

Both law and morality overlap but both are concerned with:
1. Setting standards to govern behaviour
2. Distinguishing between right and wrong

Question 2

What is natural law and who is the theorist?

Answer 2

• Law is based on higher moral authority.

Aquinas : Law must conform to a higher authority to be valid

Question 3

What is Legal Positivism and who is the theorist?

Answer 3

• Law should be made by legislative power and not satisfying a higher authority

Bentham : No philosophy or ideology behind the law. It is written based on what society needs.

Question 4

What is the case for an increase in morality in the law?

Answer 4

R v R : became a criminal offence for a husband to rape his wife.