Morality Model Answer Flashcards
Definition
Law, a set of rules and principles created and enforced by the state. Morals are a set of beliefs, values, principles and standards of behaviour created by society.
Differences
There are differences between legal rules and moral rules. Law are created by a formal institution e.g. parliament (or the courts in the case of common law). Morals evolve as a feeling within society. Natural lawyers would argue that if legal rules do not have a moral basis then they are not valid, whereas, positivists such as Austin or Hart would argue that this formal creation by a recognised body is sufficient and that those in society must follow these laws.
Speed and creation
differences
No formal creation exists for moral rules. Laws can be instantly made and instantly cancelled on date of repeal or commencement. Morals form slowly and change slowly as society’s attitudes change. There is usually a slow transitional period e.g. society’s attitude to premarital sex.
Similarities
However, there are also similarities. Both legal and moral rules help bind society and help people share a common code of conduct. There are likely to be consequences if either type of rule are infringed. Legal rules will be prosecuted by the CPS and sanctions include fines, imprisonment or community service. Whereas breaking moral rules may lead to social exclusion or criticism.
Law linked with morality
It is true to say that some legal rules have a moral basis. Most people would agree that murder is wrong. The 10 commandments states “thou shalt not kill” and the law is clear that murder is wrong and given a life sentence under the Homicide Act.
Other laws seem to have little relation to morality. For example, the arbitrary closing time of licensed premises is based more on utility or convenience than any moral duty. In other situations morally repugnant things such as not assisting a drowning baby are not punishable by law due to the lack of Good Samaritan law in the UK
