nature of law

Question 1

law and morality

Answer 1

morality is things that we deem to be right or wrong

-hart-law and morality should be seperate, combining them would infringe our autonomy.

-imorailty in law can lead to punishing people who haven’t caused harm to others and maybe not even broken the law,

-for example in shaw v DPP where d published ladies directly with details of prostitutes-it convicted him of conspiring to corrupt public morals which wasn’t an offence at the time.

-judges are faced with challenge if they believe something is immoral, different judges have different different individual morality

-individual morality- the set of moral principles/values held by a person

r v brown + others, convicted of something they consented to, in A8 people supposedly have a right to sex life but morals were different at this time so this outcome wasn’t viewed as morally wrong.

Question 2

society

Answer 2

-society - a group of people with common territory, interaction and culture

pluralism - the country is multiculural and has diff moral values.

-society is part of a social structure

-social structure is the arrangement of institutions where humans in a society live together.

society and media can change and influence law

-durkheim, law is needed for society to keep people in social structures.

-althuesser ISA-schools = informal social control RSA-police = formal social control. teach place in society

lord bingham has 8 principles on society:
-only punished for crimes set out by law,
-law should be clear and presice,
-court accessibility - legal funding,
-people should be treated -equally,
-there should be respect for HR,
-questions on infringements are reviewed,
-means of resolving disputes - ADR,
-abide by domestic and international legislation.

-different societies have different views EG: abortion use att gen ref fetus

Question 3

justice

Answer 3

-justice is fairness, the law should be fair in how it treats people, it should punish the wrongs and protect HR

-plato - justice should be the middle ground of all sectors in society

-aristotle - stressed the needs for society to find the middle ground to protect people from extremists

acquinhas - justice is what governs our relationships with each other

-waffle about intox and loss of control imbalance for asmelash

-waffle some more

-waffle some more

-keep waffling

-dont stop.