Morals

Question 1

define law

Answer 1

Salmond; a body of principles that are recognised and applied by the state in the administration of justice

Question 2

define morals

Answer 2

John Harris; a set of beliefs, values, principles and behaviours of society

Question 3

laws are? (3)

Answer 3

1. enforceable by state
2. compulsory
3. sanctions can be imposed

Question 4

morals are? (2)

Answer 4

1. enforceable by social pressure

2. not compulsory

Question 5

laws and morals both?

Answer 5

seek to impose standards and involve a duty to obey rules

Question 6

The Sexual Offences Act

Answer 6

1967 shows laws can be changed quickly but morals take a long time

Question 7

laws on murder

Answer 7

rape theft etc show overlap; both morally and legally wrong

Question 8

law can be seperate from morality

Answer 8

you never have a duty to help a stranger

Question 9

Parliament are influence by public opinion of morals

Answer 9

government for capital punishment, public opinion changed, law changed

Question 10

courts are influenced by public opinion

Answer 10

R v R; court held men can be guilty of raping wives

Question 11

law can influence morality

Answer 11

Race and Relations Act

Question 12

some over lap is needed

Answer 12

or people will be less likely to abide by laws

Question 13

it’s difficult to keep laws completely in line with morals

Answer 13

Durkheim; society is pluralistic so morals differ

Question 14

natural lawyers (2)

Answer 14

1. law and morality should coincide

2. there’s a law that comes from the world that laws should match

Question 15

Aristotle

Answer 15

the law of the universe can be found through observation and reasoning

Question 16

Thomas aquinas (2)

Answer 16

1. the law of God, “divine law” can be found in holy scriptures
2. any law that goes against that isn’t a law but a corruption of law

Question 17

legal positivists (2)

Answer 17

1. law and morals should be distinct and separate

2. law is valid as long as enacted correctly

Question 18

Jeremy Bentham (3)

Answer 18

1. natural law is “nonsense upon stilts”
2. even natural lawyers can’t agree on where it’s found
3. law is valid, regardless of whether it matches natural law

Question 19

woolfendon report

Answer 19

looked at legalisation of homosexuality and prostitution

Question 20

J.S. Mill harm principle (2)

Answer 20

1. a persons Liberty shouldn’t be interfered with unless it unreasonably harms another
2. morality shouldn’t be taught for fear of criminal sanctions

Question 21

what did the woolfendon report lead to

Answer 21

academic discussion on whether laws should uphold moral values

Question 22

what view was Devlin

Answer 22

moralist, disagreed with report

Question 23

what did Devlin argue

Answer 23

society has a certain moral standard that law has a duty to support

Question 24

what 3 principles does Devlin say law should adhere to

Answer 24

1. people allowed freedom and privacy without compromising morality
2. gvmt should be cautious when altering laws concerning morality eg Assisted Dying Bill 2015
3. law should only state minimum of acceptable behaviour, society should have higher standards

Question 25

what view did Hart have

Answer 25

libertarian, object to Devlins view, influenced by Mills harm principle

Question 26

what did Hart argue

Answer 26

legal enforcement of a moral code is unnecessary, undesirable and morally unacceptable

Question 27

what 4 reasons did Hart give for not criminalising that which the “right minded person” might do

Answer 27

1. punishment causes harm; my fair if their act didn’t
2. interference with free will is immoral (Gillick)
3. free will allows learning through experimentation
4. legislation suppressing sexuality causes harm (Lock)

Question 28

what happened after WW2

Answer 28

lots of trials for Nazis, investigated Hart v Fuller

Question 29

what did Hart argue (2nd argument)

Answer 29

laws within Germany were enacted correctly so were valid laws

Question 30

what did Fuller argue (2)

Answer 30

1. laws were clearly morally wrong
2. the purpose of law is to achieve social order through subjecting people’s conduct to the guidance of general rules by which they may themselves orient their behaviour

Question 31

how did Hart conclude the Hart v Fuller debate

Answer 31

argued Fuller confused morality with efficacy