Morality Flashcards
What is law?
Rules which determine how we behave and any sanction are put in place if these and broken
What is morality?
Values and principles held by specific people in society
What does Fuller believe the purpose of law is?
To control behaviour and maintain social order
What does Mary Warnock say about morality?
That it is the distinction between right and wrong
Why does Durkheim say morality has changed over time?
Due to secularisation/ increase in diversity
What is an example of morals and laws changing over time?
Abortion
What laws were made to do with abortion?
Offence against the person act 1861- abortion punishable by life imprisonment even for medical reasons
The infant life preservation act 1929-can be carried out to save the mother
The abortion act 1967- decision remains with doctors but many other reasons why abortion could be carried out
What case is to do with abortion and what is the held?
Royal College of Nursing v DHSS- changed the definition to medical practitioners so more people could perform abortions to prevent backstreet abortions
Examples of laws with no moral intent
Drugs, prostitution
Examples of morals not included in the law
Queuing, cheating
What is natural law and the theorist?
Law is based on morals and comes from a higher authority
Aquinas- Law must conform to higher authority to be valid
What is Legal positivism and the theorist?
Law made by recognised legislate power and doesn’t have t conform to a higher authority
Bentham- No ideology behind law and is just based on what is needed
Case example of laws and morals overlapping
RvR- laws were changed so that the husband was no longer legally allowed to rape his wife within a marriage
What is a pluralistic society?
A diverse society with different morals and traditions but all people tolerate these differences
What example is used for pluralistic society?
LGBTQ rights changing
What were the laws involved with LGBTQ rights?
The Wolfenden report 1957
Sexual Offences Act 1967- decriminalised homosexuality
2001- age of consent came in line with heterosexual couples
Policing and crime act 2017- took those criminalised off criminal records to apologise
What did Devlin say?
Any act which deviates from morals should be punished based on what the rerasonable man would think is disgusting
What did Hart say?
People should behave how they want and the law should only interfere in extreme circumstances
What is an example of law and morality in criminal law?
RvBrown- Homosexual sadomasicistic group
What is an example of law and morality in tort law?
OLA 1984 act- Addie v dumbreck- can claim when trespasser
What is an example of law and morality in contract law?
Privity- third part can claim and innocent party can claim for when a promise is broken in a contract
