morality and the law

Question 1

law definition

Answer 1

enforceable rules through courts which are applied to everyone in country, not optional

Question 2

moral definition

Answer 2

values and principles of conduct, can be personal morality or collective morality (society as a whole)

Question 3

what do pluralist society believe

Answer 3

people believe in different beliefs but tolerate each other’s beliefs

Question 4

Phil Harris definition of morality

Answer 4

set of beliefs, values and principles and standards of behaviour

Question 5

Durkheim definition of morals

Answer 5

breakdown of morals bc of specialisation of labour, ethnic diversity and fading influence of religion
-these cause breakdown of morals a value consensus isn’t achieved and therefore we do not have social solidarity

Question 6

examples of someone’s beliefs differing from law

Answer 6

theft, law and morals coincide abortion, illegal in Philippines
R v R- morals changed the law

Question 7

Hart-Devlin debate

Answer 7

Devlin said law should interfere with immoral behaviour (homosexuality with men) whereas Hart said immoral behaviour should remain private and law should not interfere

Question 8

examples from TORT

Answer 8

Alcock arguments can be immoral in the ruling as only those of close ties of love and affection can claim, so not friends or siblings

Question 9

structure

Answer 9

1) define law
2) define morality
3) pluralist society
4) theories from morals and law
5) how morals and laws interact
6) Hart-Devlin debate
7) how law achieves morality