LAW CONTRACT Q9 (LAW AND MORALITY) Flashcards
What is the 1st law and morality point?
(Law and morality refers to)
Law and morality refers to the interaction between the defined, rigid laws, and the abstract and often fluid concept of morality.
What is the 2nd law and morality point?
(Legal rules are often enforced)
Legal rules are often enforced formally such as through the government, police and court system, whereas moral rules are often enforced informally, such as through social exclusion or condemnation.
What is the 3rd law and morality point?
(It is common)
It is common for moral rules and legal rules to reflect each other, as the law is shaped and changed by the morality of the people making the law
What is the 4th law and morality point?
(One example)
One example of this is in the law of economic duress, where it would likely be deemed immoral to force someone to carry out a contract where they have been induced into the contract by duress.
What is the 5th law and morality point?
(One issue in this area)
One issue in this area is that morality is an inherently subjective concept, as different cultures, backgrounds and upbringigs can result in a different belief of morality
What is the 6th law and morality point?
(Another issue)
Another issue is that morality is ever changing, which can lead to conflict as the law can be too rigid to adapt to these moral changes quick enough
What is the 7th law and morality point?
(This is clear in the case)
This is clear in the case of R v R where marital rape was criminalised, showing that the law was slow to change as many in society would have believed it to be immoral prior to the law making it illegal
What is the 8th law and morality point?
(The concept)
The concept of morality can be understood further through the two contrasting theories of positivism and natural law theory
What is the 9th law and morality point?
(Positivism)
Positivism is the theory that law should be kept entirely free from morality, described by aristotle as ‘reason free from passion’
What is the 10th law and morality point?
Natural law theory contrasts this as it would argue that morality should be able to influence law.
What is the 11th law and morality point?
(Overall the interconnection)
Overall, the interconnection of law and morality is positive as it allows the law to keep up with what most people view as ‘morally right’
What is the 12th law and morality point?
(However, due to the ever changing)
However due to the ever changing and subjective nature of morality, it may be hard to discern and could leave the law to be seen as immoral due to it being outdated.
What are the points of law and morality in order?
- Law and morality refers to
- Legal rules are often
- It is common for moral and legal rules
- one example of this
- one issue in this area
- another issue
- this is clear in the case
- the concept of morality
- positivism
- natural law theory
- overall the interconnection
- however due to the
