Law & Morality Flashcards
Law
A set of rules made by the state, backed up by sanction
Morals
Subjective codes of values and beliefs that are based on fault, and determine what is right and wrong
Differences between law and morals
- Laws have a formal punishment if broken
- If morals are broken society shows disapproval
What is one issue with law enforcing morals?
Not everyone shares the same morals
What is a pluralist society?
Recognises different views, religions and opinions. Eg UK
Issues with pluralism
- Can lead to conflict on divisive issues such as abortion and euthanasia
- Morals can change over time, such as views on homosexuality
Natural law theory
Suggests that law should be based on morals. St Thomas Aquinas called this “a dictate right of reason”
Positivism
The idea that law should be followed because it is made by a higher authority, and therefore it doesn’t matter if it is moral or not. Aristotle argued that law should be “reason free from passion” and Bentham called natural law theory “nonsense upon stilts”
Wolfenden report
Looked at legalising behaviour previously thought immoral such as homosexuality and prostitution.
Hart v Devlin
Argued that law should not intervene with private morals, while Devlin thought it was necessary for the law to suppress immoral activities
Hart v Fuller
Hart’s views also conflicted with Fuller, who argued that immoral laws should not be followed
D
This can be seen in the historical development of rape within marriage, which was made a crime by R v R (1991)…
This means that the law eventually caught up with perceived public morality
P
Changing morals can lead to developments in the law…
This means that law and morality do mix, and influence one another
E
Ideally, the law and morality should change in harmony. For example, the Sexual Offences Act 1967 was made following the Wolfenden report…
This means that law and morality do mix and influence each other for the better, allowing the law to reflect what people believe it should be
+
However, there are many moral rules that are not part of law, particularly on divisive issues such as adultery…
This means that while law can be influenced by morality, not all rules are. This makes it confusing as to why some laws reflect morals while others do not
P
Pluralism in the UK makes it difficult for law and morality to mix…
This means that without a single shared code of morality, it is difficult to see how morality can impact a set of laws for everyone
D
For example, abortion is a contentious issue due to a diversity of views…
This means that, the law can’t placate all beliefs making it impossible for a legal system
E
As a divisive issue the law must reflect the majority opinion…
This means that a large minority will fundamentally disagree with law causing divisions, show law and morality can’t mix
+
However can mix in areas most would agree…
This means that when the life of the mother is at risk there is a larger plurality of agreement –> moral laws
