Morality

Question 1

Define morality according to Phil Harris

Answer 1

Morality is a set of beliefs, values, principles and standards of behaviour

Question 2

Describe how morality can differ

Answer 2

Morality can differ - it is dependent upon our culture/community/family/religion. Society is Pluralistic

Question 3

How did Sir John Salmond describe law?

Answer 3

Sir John Salmond described law as the body of principles recognised and applied by the state in the administration of justice

Question 4

What are the characteristics of Legal rules?

Answer 4

Compliance is compulsory

imposed on all and must be obeyed.

Breach will result in state sanctions.

Legal rules take effect at a precise time

Question 5

What are the characteristics of Moral rules?

Answer 5

Compliance is not required by the state, people are influenced informally through social pressure.

Society is pluralistic - people have different moral values.

Moral rules develop gradually over time e.g attitudes to homosexuality

Question 6

What is Legal Liberalism? (We shouldn’t enforce moral values)

Answer 6

Legal liberalism is concerned with the idea that the law should allow the freedom of the individual to be expressed as they please except where this expression would harm others.

John Stuart Mill developed the harm principle- the law should only intervene if the individual is harming others so private consensual conduct is not the domain of the law.

Professor Hart approved of this approach and argued that using law to enforce moral standards was: Unacceptable because it infringes the freedom of the individual

Question 7

What is Legal Moralism? (We should enforce moral values)

Answer 7

There is a common morality which should be enforced by the law. E.g. Natural Law - there is a kind of higher law (natural law) which judges should look to. St Thomas of Aquinas said that this higher law came from God.

Lord Devlin - argued that the law, is based on moral and religious principles and society is held together by a moral code. He argued that society should have common morality. This should be judged by the standard of the ‘right minded person’. Law should set down a minimum standard of morality