Morality Flashcards
What are laws?
Rules and principles created and enforced by the state
What are morals?
A set of beliefs or principles created by society
How does the origin of laws and morals differ?
Laws are created by a formal institution, as they are either passed as a bill by Parliament or are formed as common law in the courts. Whereas morals evolve as a feeling from society
What do natural law theorists believe?
Natural lawyers such as Lord Devlin believe that laws should be based on and enforce morals
What do legal positivists believe?
Positivists such as Hart believe that even immoral laws are valid because law is superior
Give a similarity of law and morals
Both have consequences if they are broken. Legal rules are prosecuted by the CPS and have sanctions such as fines or imprisonment and breaking moral rules can lead to criticism and social exclusion
How does the transition period differ between law and morals?
Laws can made made or repealed instantly whereas morals form slowly over time as society’s attitude changes
Give an example of a law that has a moral basis
The Homicide Act means that murder should have a life sentence which reflects the 10 commandments: “thou shalt not kill”
Give an example of a law that can conflict with some people’s morals
The Abortion Act 1967
Give an example of a moral that is not enforced by law
Adultery
