Morality Flashcards
laws are:
compulsory rules enforced by courts
morals are:
a set of values, beliefs that are not legally compulsory
morals beliefs come from…
religious beliefs
tradition
personal opinion
position in society
moral beliefs differ in…
different sections of society
moral attitudes will change over time. e.g…
abortion/same-sex marriage
differences between legal and moral rules:
laws = stopping at a red light, must have a receipt when returning items
morals = being polite, inclusivity
law and morality often overlap. legal rules are strengthened when they are the same as moral rules because…
their enforcement can be justified and is accepted by society.
salmond’s interlocking circles:
Salmond believes ‘true crimes’ such as murder and theft should overlap.
some laws contradict morals e.g…
the offence to squat - but if someone is homeless this is surely better than living on the street?
two main theories of the relationship between law and morals:
legal positivism
natural law
legal positivism:
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.
natural law:
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.
Ao3 strength and weakness of legal positivism:
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
Ao3 strength and weakness of natural law:
strength: morals promote a common good
weakness: laws should be enforced to be effective
what is a pluralistic society?
a society with different views and beliefs
the UK has a multicultural society with different religious beliefs, including none. This leads to…
a variety of moral values in our society
Durkheim (1895):
combining laws and morals is only possible in a small society.
Ao3: difficulties in achieving morals in a pluralistic society
everyone has different views so the law cannot represent all moral beliefs
as morals change over time…
judges and parliament are often forced to update outdated laws
for example: same sex relationships…
Buggery Act 1533 - Henry VIII
criminalised sodomy punishable by death
Marriage Act 2013 - legalised marriage for same sex couples
the government often does not want to reveal their views on controversial laws that conflict moral opinions. why?
MP’s could lose votes for being controversial
how have morals impacted criminal law?
Brown - controversial as there was a strong moral view on homosexual men at the time
how have morals impacted tort law?
DvS shows a natural law view as morally people should take care to look out for others
how have morals impacted human rights law?
Gibson (A10) - foetus earrings were a moral wrong
Article 8 respects all identities
