Morality and Harm

Question 1

Arguments for and against legal moralism

Answer 1

For
- Reflects societies moral norms
-Gives justification to punishment
-Allows society to educate offenders and potential offenders

Against
-Illegality does not always translate to immorality
-Judgement on what is considered moral
-Lack of representation for differing viewpoints.

Question 2

What is Stuart Mills Harm principle?

Answer 2

Idea that we should criminalise that which brings harm to people - key figure in Utilitarianism alongside Kant.

Question 3

R. v Brown and Ors and what was Templemans stance?

Answer 3

Case revolves around BDSM and sexual offence where defendant was found guilty of nailing penis to bench and branding on other persons nipple.
-Lord Templeman take on this - Emphasises legal moralism as he states pleasure derived from pain infliction is immoral.

Question 4

What Act did R v Brown and Ors give effect to?

Answer 4

Domestic Abuse act 2021, s.71 - Consent to serious harm under the guise of sexual gratification is not a defence.

Question 5

Hart v Devlin debate and its entailments

Answer 5

Hart
believed law and morality shouldn’t coincide.
-States ad populace is not a good determining factor in what is right or wrong as this could be bias
-Wolfendum committee highlighted laws importance in maintaining a society, they also agreed that homosexuality and prostitiution should be decriminalised.
-Devlin is more of a utilitarian, believed morality should be classified in terms of what brings about the most good/bad in society, he emphasised laws place in helping shape a society.
-Devlin argued laws should be superior to morality to maintain morality in society.
-Hart saw law as something deriving off human beings and argued morality to emphasise more individual beliefs that aren’t enforced by law. (Anti-realism)

Question 6

What data do I have?

Answer 6

Estimated 3.3% of 16 year olds and over classify themselves as Lesbian, gay or bisexual as opposed to 2.1% in 2017.
-Natiowide study done by ComRes states 70% of adults agree that it is important to have a moral framework.
-58% of people claim they have a deep sense of morality but 60% of people who have cheated state their act is unfaithful. Stat shows a discrepancy between societies professed morals and their behaviour in actuality.