Morality

Question 1

laws are:

Answer 1

compulsory rules enforced by courts

Question 2

morals are:

Answer 2

a set of values, beliefs that are not legally compulsory

Question 3

morals beliefs come from…

Answer 3

religious beliefs
tradition
personal opinion
position in society

Question 4

moral beliefs differ in…

Answer 4

different sections of society

Question 5

moral attitudes will change over time. e.g…

Answer 5

abortion/same-sex marriage

Question 6

differences between legal and moral rules:

Answer 6

laws = stopping at a red light, must have a receipt when returning items

morals = being polite, inclusivity

Question 7

law and morality often overlap. legal rules are strengthened when they are the same as moral rules because…

Answer 7

their enforcement can be justified and is accepted by society.

Question 8

salmond’s interlocking circles:

Answer 8

Salmond believes ‘true crimes’ such as murder and theft should overlap.

Question 9

some laws contradict morals e.g…

Answer 9

the offence to squat - but if someone is homeless this is surely better than living on the street?

Question 10

two main theories of the relationship between law and morals:

Answer 10

legal positivism
natural law

Question 11

legal positivism:

Answer 11

developed by Hart.
law and morals shouls be kept separate. laws should only punish those who have caused harm to others.
laws should be followed even if it conflict with morals.

Question 12

natural law:

Answer 12

developed by Devlin.
law and morals are linked.
the law should uphold morals based on the reasonable man.
it is permissible to break legal rules that don’t conform to morality.

Question 13

Ao3 strength and weakness of legal positivism:

Answer 13

strength: in a pluralistic society, it is hard to please everyone so laws and morals should be seperate

weakness: does not base law on human rights

Question 14

Ao3 strength and weakness of natural law:

Answer 14

strength: morals promote a common good

weakness: laws should be enforced to be effective

Question 15

what is a pluralistic society?

Answer 15

a society with different views and beliefs

Question 16

the UK has a multicultural society with different religious beliefs, including none. This leads to…

Answer 16

a variety of moral values in our society

Question 17

Durkheim (1895):

Answer 17

combining laws and morals is only possible in a small society.

Question 18

Ao3: difficulties in achieving morals in a pluralistic society

Answer 18

everyone has different views so the law cannot represent all moral beliefs

Question 19

as morals change over time…

Answer 19

judges and parliament are often forced to update outdated laws

Question 20

for example: same sex relationships…

Answer 20

Buggery Act 1533 - Henry VIII
criminalised sodomy punishable by death
Marriage Act 2013 - legalised marriage for same sex couples

Question 21

the government often does not want to reveal their views on controversial laws that conflict moral opinions. why?

Answer 21

MP’s could lose votes for being controversial

Question 22

how have morals impacted criminal law?

Answer 22

Brown - controversial as there was a strong moral view on homosexual men at the time

Question 23

how have morals impacted tort law?

Answer 23

DvS shows a natural law view as morally people should take care to look out for others

Question 24

how have morals impacted human rights law?

Answer 24

Gibson (A10) - foetus earrings were a moral wrong

Article 8 respects all identities