Morality Essay Flashcards
What is the definition of law by John Salmon?
The body of principles recognised and applied by the state in the administration of justice
What is the definition of law by John Austin?
Command issued from a sovereign power to an inferior and enforced by coercion
Aggregate set of rules set by men politically superior or sovereign to men as politically subject
What is the general definition of morality?
Principles concerning the distinction between right and wrong or good and bad behaviour
What is the definition of morality by Philip Harris?
Principles affecting standards of behaviour
What would’ve majorly shaped the moral values of the UK?
Christianity
What are the differences of law and morality?
Laws are made overnight through judicial precedent or an act of parliament, whereas, Morals develop slowly over time like the changed position of women within society in R vs R
Laws are mandatory and must be obeyed, whereas, Morals area voluntary as society wants you to obey them
Laws have formal sanctions such as fines and custodial sentences, whereas, Morals have informal sanctions such as disapproval from friends and family
Laws come with state machinery like courts, the CPS and the police, whereas, Morals have no formal machinery but are enforced by friends, family and peers
What are some general similarities between law and morals?
They both dictate the way people are expected to behave
Laws generally reflect the morals of the majority of people in the country
What are some similarities between law and morals in criminal law?
Murder is illegal and immoral - “Thou shalt not kill” Exodus 20:13 (10 Commandments)
Theft is illegal (Theft Act 1968) and immoral - “Thou shalt not steal” Exodus 20:15
What are some similarities between law and morals in tort law?
Donoghue vs Stevenson - “you must not harm your neighbour” = “Love thy neighbour as thyself” Matthew 22:37
Principle underpins most of tort law - Negligence, OLA, R vs F, Nuisance
What are some similarities between law and morals in contract law?
Contract is almost wholly based around the moral notion of keeping promises
What are some examples of where law and morals do not overlap?
Where there is no shared moral consensus - Euthanasia, Prostitution
Where there is a time lag - Homosexual sex, Sexual Offences Act 1967 or R vs R
Where there is a law with no moral values - driving 1mph over the speed limit on an open road with no danger
Where there is moral value breached but no law broken - When in a supposedly monogamous marriage but there is infidelity/adultery
What are some examples where moral change results in legal change?
Women get the vote in 1918 with the Representation of the People Act 1918
Rape within marriage gets outlawed in R vs R in 1991
Homosexual sex was illegal, moral shifts made it more acceptable, Sexual Offences Act 1967 legalised for those 21+, by 2000 it was in line with heterosexual sex at 16
What moves quickly morals and technology or law?
Morals tend to move quickly as does technology meaning the law may struggle to keep pace
Who argues that legal change results in moral change?
Olivercrona
What are some examples where legal change has resulted in moral change?
The Harrison Act 1914 in the USA - outlaws many drugs which up to that point had been socially acceptable. After this drug taking was associated with unsavoury people and as wrong to do
Road Safety Bill 1967 which introduced a legal alcohol limit for drivers was initially ridiculed at the time but it has now changed our moral view on the issue to look down upon drink drivers
What has happened recently to do with legal change, moral change and mobile phone usage in cars?
In 2022, the law was made stricter so that holding a phone whilst driving in most circumstances is illegal due to a moral change following many deaths which led to several legal changes.
In turn, these legal changes have seemed to firm up out moral stance on the issue
What are the 2 theories asking if the law should follow moral values?
Natural Law
Utilitarianism
What is Natural Law and its supporters?
Supporters argue that the law should strongly reflect moral values as it is a form of higher law which many believed comes from God in the form of the 10 commandments etc.
They believe that the principles of the higher law should be reflected in our laws
Fuller argued that there are 8 requirements of a legal system and if these are not all met then it is not a legal system at all, therefore, the Nazi laws in Germany were not really law meaning the citizens had no moral obligation to follow the law (according to the natural law theory)
Supporters of this theory include: St Thomas Aquinas, Devlin and Fuller
What is Utilitarianism and its supporters?
Utilitarianism is defined as “the greatest happiness for the greatest number” and people can do as they wish so long as the harm doesn’t outweigh the good
Supporters of this theory include: Bentham, Mill and Hart
What is a situation that contrasts utilitarianism but it necessary?
Terrorism laws as we have to detain suspects before an offence is committed as, although it goes against moral values, the harm of letting the act play out is too great
What type of theorist is Hart?
A positivist
What are the beliefs of a positivist theorist?
They do not believe that there is a necessary connection between law and morality
However, Hart does acknowledge that there is a close relationship between law and morality and he does not disagree that the development of law has been immensely influenced by morality.
However, he does not believe that they are interdependent on each other
What type of theorist is Fuller?
A naturalist
What are the beliefs of a naturalist theorist?
They see laws as a way of achieving social order by regulating human behaviour through laws.
Fuller believes that our legal systems are derived from the norms of justice which have a moral aspect
What situation set up the Wolfenden Committee?
After WW2 there was a fear that there was a decline in sexual morality in the UK
What did the Wolfenden Committee look at?
Specifically prostitution and homosexual sex
What conclusion did the Wolfenden Committee come to?
That both prostitution and homosexual sex should be legalised saying (Similar to Mills) that people should be able to make their own choices if it does not harm others (Utilitarianism stance)
What specifically did the Wolfenden Report state?
That the law, should not intervene…to enforce any particular pattern of behaviour
Which means that the law should not enforce moral values
What did the Wolfenden Report start?
The Hart vs Devlin Debate
Did Lord Devlin agree with or oppose the Wolfenden Report and what case + POL agreed with him?
He opposed it which was agreed with by Judge Viscount Simonds in Shaw vs DPP where he stated that the “fundamental purpose of the law, to conserve…the moral welfare of the state”
This strongly supports Devlin
What did Lord Devlin argue in opposition to the Wolfenden Report?
That the law had a duty to enforce moral values to keep society together which is called Legal Moralism (using the law to enforce moral values)
He argued that you can judge immorality by the standard of the ‘right minded man’ who can be thought of as the person in the jury box
Where there is debate, the majority view should prevail which is similar to the legislative process and that those who break laws should be punished
He also stated that if an act “creates disgust among right-minded people” then “society has the right to eradicate any practice which is so abominable that its very presence is an offence”
What are some case examples and POL’s that support Lord Devlin’s side of the debate?
R vs Gibson - Someone was convicted for ‘outraging public decency’ by wearing freeze dried foetus earrings
R vs Brown - A group of homosexual men got convicted as ‘public policy’ demanded their convictions were upheld although there was no permanent damage, they all consented and no medical attention was needed
What did professor Hart argue against Devlin?
He said that using the law to enforce moral values was unnecessary as society is capable of containing many moral standpoints without collapsing like euthanasia and prostitution
What were the 2 types of moral infringement that were argued by Hart?
Undesirable
Unacceptable
What is undesirable moral infringement?
One that would freeze morality in one point in time like R vs R that made rape within marriage a criminal offence
What is unacceptable moral infringement?
One that infringes a person’s liberty
What did Hart argue around the standard of the ‘right-minded person’?
He said that it is a tenuous standard as people object to unusual behaviour
It is not always prompted by rational moral objections but rather by “prejudice, ignorance and misunderstanding”
What did Hart argue around using the law to enforce moral values?
He said that using the law to enforce moral values may punish and inflict harm on the offender when they have done no harm themselves and it may also prevent the aspect of free choice within society
Therefore, he was against it
What does Hart believe about supressing people’s sexual impules?
That it is not healthy
What approach to criminalisation does Hart use?
A minimalistic approach to criminalisation
What are some case examples and POL’s that support Hart’s side of the debate?
Re A - The surgery to save a conjoined twin meant killing the other or letting them both die that was conducted against the parents wishes, whose morals will the law follow?
Black and Morgan vs Wilkinson - A gay couple was rejected from a B&B on religious grounds and damages were awarded for the discrimination against them
John’s vs Derby CC - Derby stopped a couple from fostering due to religious views as they did not accept homosexuality as acceptable which was supported by the courts
What is the case of Asher’s Bakery and who does it support?
Originally decided that it was discrimination to not make a gay cake which initially supports Hart
However, the decision was then reversed but not on moral grounds meaning it supports neither Hart or Devlin
In the end, the bakery didn’t have to bake a gay cake but it is still seen as discrimination
What is POL from Pretty vs UK?
She held the idea of the right to die and dignity in court however she had motor neurone disease so needed help from her husband in dying but the court disagreed
What did the Dianne Pretty case lead to?
Esther Rantzen who is a terminally ill celebrity to push for legal change
What has Kier Starmer previously said around the legal change of euthanasia?
That he is in favour of it
What is the history around euthanasia debates in parliament and what does it show?
In 2015, Parliament rejected the Assisted Dying Bill
In late 2024, Parliament passed the Terminally Ill Adults (End of Life) Bill
Shows there has been a wide moral change on the issue which aligns us closer with the rest of Europe
What are usually used to pass controversial laws and moral issues?
Private Member’s Bills
What is an example of a controversial law that was passed through a Private Members Bill?
David Steel’s Abortion Act 1967
What does a Private Members Bill allow in Parliament?
It allows whole parties to not state their position on the issue
Why isn’t it a good idea to allow judges to make decisions about controversial moral issues?
They aren’t voted in meaning it would be undemocratic and wouldn’t represent wider society
They are from a narrow social background so may not know the best decision for society
What is a case and POL where there are conflicting moral stances on a certain subject?
Gillick vs West Norfolk and Wisbech AHA - should contraceptive advice and treatment be given to under 16’s without parental consent and knowledge?
What issues does the case of Gillick vs West Norfolk and Wisbech AHA raise?
Law breaking, Patient confidentiality, Utilitarian views and what is actually best for society in this situation?
What is the final decision in the conclusion?
That it would be impractical and most likely impossible to make every immoral act illegal due to the ever changing nature of morals.
What is the theorist that believed in pluralistic societies?
Durkheim
What is a pluralistic society?
One where people of different origins, backgrounds, belief systems, and other differences come together to form a society and live in it
What is a secular society?
Where society, law and government are not controlled by religion
What type of society is the UK?
A Secular/Pluralistic society
What does living in a secular/pluralistic society mean about moral consensus?
It makes it much harder to reach a moral consensus as people do not hold the same beliefs or had the same upbringing/education meaning they do not hold the same morals
What does living in a secular/pluralistic society mean about the decisions made in court?
They would be mainly up to the judge’s discretion which raises many issues or certainty, clarity and consistency
What would happen if all immoral acts were placed into one act of parliament?
It would be up to many MP’s discretion which also may not accurately reflect all of society’s views
What is the final sentence of the conclusion?
As a result, making immoral acts illegal would be extremely complicated and would raise more issues than it’s worth meaning, although law and morality connect and influence one another directly, we should not use the law to enforce morals
