Morality Flashcards
Morality definition
something we believe is wrong
morals can be individual, grouped, collective or societal
Sir john salmond
described law as “the body of principles recognised and adopted by the state in the administration of justice”
Compliance of law
Compulsory
Breach will result in state sanctions and the law comes into force at specific times
Phil Harris
defines morality as
set of beliefs, values, principles or standards of behaviour
Compliance of morals
not required by the state
some people are informally influenced by societal pressure
Society is pluralist
people have moral values and morals develop over time for example attitudes towards homosexuality
Example in criminal law
Voluntary intoxication
Can’t claim cause it’s morally right to take accountability for your actions
Arguments
If law should be based on morality
Under Legal moralism
Common morality should be enforced by the law.
Natural law
Belief in a higher law
Aquinas said that higher law is based on morals and religious principles and that society is held together by moral codes
Legal liberalism
Believe law should allow freedom of individuals to be expressed
but accept where this freedom could harm others
