Morality Flashcards
What is the definition of Law?
Comes from rules and there are sanctions in place for any law you break
Fuller = believes purpose of the law is to achieve social order
What is the definition of morality?
A particular system of values and principles of conduct especially held by a specified person or by society
Mary Warnock = they cover what is ‘right’ and ‘wrong’ in different situations
What is the distinction between law and morals?
Many of society’s beliefs are derived from religious beliefs
Durkheim = believes reason why society’s morals have changed is because society is less influenced by religion
What is the UK timeline for abortion?
Offences Against the Person Act 1861 (max life in prison)
The Infant Life Preservation Act 1929 (help preserve rights of mother only)
Abortion Act 1967 (Abortion legalized)
RCN V DHSS
Is assisted dying legal in the UK?
No, still opposition to it. Another Assisted Dying Bill passed through P in 2021, did not get to committee stage due to not enough backing
In 2021, what was the BMA’s vote on assisted dying?
49% in favour, 48% opposed, 3% abstaining
Does law and morality overlap?
Yes, both are concerned with setting standards to govern behaviour and distinguishing between right and wrong
What is natural law?
Natural law = based on higher moral authority, Aquinas said law must conform to a higher authority to be valid
What is legal positivism?
Legal positivism = law should be made by a recognised legislative power, Bentham believes there is no philosophy or ideology behind the law
What is a pluralistic society?
A diverse society where people maintain their cultural traditions and all tolerate each others beliefs. UK is a multicultural society
What is the LGBTQ timeline?
Pre 1957 homosexuality was a crime, Wolfenden Report 1957 contained info on homosexuality, Sexual Offences Act 1967 legalised it, 2001 consent lowered to heterosexuality, Policing and Crime Act 2017 gave posthumous pardons
How should the law be enforcing morality on us?
Law should intervene to ensure continuation of dominant morality within the state
Individuals should be free to decide their own morality
What is the Hart-Devlin debate about?
Devlin = ordinary/reasonable man would regard the behaviour with ‘intolerant, indignation or disgust’
Hart = Law should only interfere in extreme circumstances