Morality A03 Flashcards
Areas to talk about
-pluralist society
-judges making moral decisions
-Gillick v West Norfolk Health Authority
-Relationship between law and Morality
-P1: Pluralist society
Difficult to achieve consensus regarding morality - varied backgrounds can alter percpetion of morality → conflicting opinions
-DP1: Challenging to make laws that align with constantly evolving morality ….
law fails to keep up with the speed, failing to reform controversial areas of law due to lack of consensus (Durkheim) → law doesn’t align with morality
+WDP1: Law not aligning with morality
supported by legal positivists (Hart and Austin), as long as laws are created through correct procedure = just, regardless of morality
-P2: Judges are criticised for imposing their own moral standards on the law….
problematic when setting precedents, lack of diversity = out of touch with society
-DP2: R v Brown decision would be heavily criticised by Hart ….
he states that the law should not punish behaviour that simply disgusts others. Judicial comment - ‘repulsively wrong is not the same as criminally wrong’ highlights the influence of judicial morality
+WDP2: Devlin would support the decision in Brown…
as it emphasised public morality and the need to prevent harm, even in private consensual acts → acts were harmful to the moral fabric of society - has the right to use the law to protect public health and morals
-P3: Gillick was appealed and the decision reversed by CoA and then the HoL……
shows the dilemma and lack of consensus amongst the judiciary in making a difficult moral decision that would be reflected in the law
+DP3: Hart would support the decision and the importance of creating a separation between law and morality…..
protecting individual autonomy and recognising the capacity of mature minors to make decisions about their own bodies and welfare
-WDP3: Devlin would view the Gillick as problematic, as it opposes traditional moral values…..
he believed the law should reflect the moral consensus of society, and allowing minors to access contraception without parental consent could be seen as undermining those values
+P4: Legal positivists (John Stuart Mill and Hart) agree that……
the law shouldn’t enforce traditional religious morals unless harm is involved as this can actually lead to harm of the individual who is uneccessarily punished, restricting freedom
+DP4: Law updating to align with morality on issues with general consensus…
legalising homosexuality an then gay marriage in Marriage (Same Sex Couples) Act 2013 - liberal reform that Hart would support as his ideology favours individual rights
-WDP4: Law doesn’t always align with morality - lack of a good samaritan law, ….
Aristotle and Aquinas would criticise this as citizens should feel morally obliged to help a stranger in a crisis and it is problematic that there is no punishment for failing to help, however positivists like Bentham have criticised natural law theorists for conflating moral and legal issues
