morality and law Flashcards
what is morality?
A set of guidelines that determine right and wrong
name a philosopher?
Immanuael Kant
what did Immanuael Kant say?
Believed in the Categorical Imperative which is an unconditional moral obligation which is binding in all circumstances and is not dependent on a person’s inclination or purpose.
‘Act only in accordance with that maxim through which you can at the same time will that it become a universal law’.
what are the 2 types of catergorical imperatives?
Moral Relativity: Those limited to a group or individuals
Universal Morality : reducible to self evident truths
where does morality come from?
Innate
Reason
From parents / culture/ society
Godswill - written in scripture
what is society based morality?
everyones views are considered
If we are,for example, trying to consider everyone equally in society
judges in morality?
Own morality
Societal morality
Are they in a different position to representatives when exercising their concept of the general morality?
Is it possible, or desirable, for them to use their own moral views?
Is use of personal morality by judges more or less legitimate than the same by representatives?
Does Law shape morality?
Law shapes morality
Morality shapes Law
case where morals have been used?
Ghaidan v Godin-Mendoza
what is the case Ghaidan v Godin-Mendoza?
when the defendant and his partner shared a flat which was subject to a statutory tenancy granted upon the death of one of the partners.
The landlord wanted the defendant to leave the house as the tenancy has ended but the court said that the defendant wasn’t married to his partner, therefore would not be able to claim statutory tenancy
what was the final outcome of Ghaidan v Godin-Mendoza?
The judge changed the meaning of a couple and allowed the defendant to stay in the house.
The words ‘as his or her wife of husband’ were to be read to mean ‘as if they were his or her wife or husband’ in order to comply with Article 8,
