MORALITY Flashcards
Similarities between law and morals
- Both dictate how people expected to behave,
Laws usually reflect morals of majority of people
Criminals law and morals
- Murder illegal and immoral ‘though shalt not kill’ - 10 Commandments
- Though shal not steal - theft illegal
Tort law and morals
Donoghue v Stevenson - you must not harm neighbour
This is base of most of tort
Comes from bible - love thy neighbour
Contract and morals
- contract based on keeping promises
Where do law and morals not overlap
- when there is no shared consensus - euthanasia,prostitution
Where there is a law with no moral value - eg driving 1mph over a speed limit
Natural law theory
Law should strongly reflect morals values -
Thomas aquinas believes come from god (10 commandments)
Fuller - 8 requirements of a legal system and without them it is not a legal system
Utilitarianism
Greatest happiness for greatest numbers (supporter by hart).
People can do as they wish as long as harm doesn’t outweigh good
Positivist belief
Hart - believes no connection between law and morality. IS a connection but not dependent on each other
Naturalist belief
Fuller - Law is a way of achieving social order by regulating behaviour. Legal system come from norms of justice which come from morals
Wolfenden report
After ww2 decline in sexual morality. Report found homosexual sex and prosititues should be legal.
As people should make their own choices if doesn’t harm people
Devlin opinipn on woolfenden report
Opposed report argued law had duty to enforce moral values for society.
Judge morality through ‘right minded man;’ (regular person in a jury box)
Legal moralism arguments
Devlin argues for using law to enforce morals
Hart argues unnecessary as society capable of maintaining standards
Hart opinion on right minded man idea
People object to unusual behaviour not from morals but prejudice ad ignorance
Punishing people based on this idea is wrong as they have done no harm
Cases for Devlin
Shaw v DPP - Adverts of prosititutes was ‘conspiring to corrupt morals;’
R v Gibson - Freeze dried foetus earrings ;ed to conviction for public decency
Ashers bakery - refused to male a ‘gay cake’ case was dismissed - originally supported hart. Now Devlin
Cases for Hart
RE A - Cojoined twins - surgery conducted against parents wishes - saved 1
Johns v Derby - Derby stopped couple fostering as they were gay. Court supported gays as can’t discriminate on homosexuality
Argument about controversial laws
Politicians avoid passing controversial laws as may change people’s vote
- Private members bills used to pass these eg. Abortion as they were anonymous
