Q9 Morality Flashcards
What is morality
Custom or habit determined by own beliefs
How are morals formed
Develop over time
Through customs, beliefs and society but are a personal choice.
What is Law
Set of rules and regulations to govern society
How is Law different to morals
Laws can be created instantly by formal institutions.
Breaking laws can lead to sanction
Is law based on morals
Not many set morals are shared by all members of society.
Only few like murder etc.
Natural Law Theorists (3)
Aristotle
Aquinas
Devlin
Aristotle
Moral standard should govern human behaviour
Aquinas
Law of God should take precedence
Devlin
Law should support morality, immoral acts are wrong
Positivists (2)
Bentham
Professor Hart
Bentham
As long as Law made by valid process, they are valid even if immoral.
Professor Hart
Law and morality should be seperate. Morality is private and personal.
Cases based on Morals (2)
( Donoghue v Stevenson )
( Pearce v Brooks )