The Law And Morality Flashcards
What is John Austins definition of the law?
“Aggregate or rules set by men politically supirior or sovreign to men as politically subject”
What is John Austins definition of morality?
‘Principles concerning the distinction between right and wrong or good and bad behaviour’
What has a large impact on societys belief in the UK?
Chritianity
What is a difference between laws and morals in terms of how they change?
Laws can be changed quickly while morals develop over long periods of time
e.g position of women in society and RVR 1991 (rape in marraige illegal)
What is a difference between laws and morals in terms of following them?
Laws are mandatory while morals are volutarily obeyed
What is a difference between laws and morals in terms of punishment?
Laws have formal sanctions - fines, custodial sentences
Morals have informal sanctions - disaproval from friends, family and community
What are some similarities between the law and morals?
Both dictate the standard of behaviour expected of people
In law murder and theft illegal Exodus ‘though shall not kill’ ‘steal’
Morals in the CHristian faith allign with law
What are some similarities between the law and morals in tort law?
Donoghue v Stevenson - must not harm your neighbour
Matthew - “Love thy neighbour as thyself”
Law largely follows standard followed by public (not always)
What are some reasons the law may not align with morals?
- If no moral consensus
- Time lag
- Morals dont allign
Example of where there is no moral consensus?
- Euthanasia
- Prostitution
Example of a time lag between law and morals?
- Homosexuality
- Womens Rights
Examples of where morals dont allign?
- Speeding
- Infidelity in marraige
How has the position of women changed in society?
The Representation fo the People Act 1918 - vote
RvR 1991 - Rape in marraige illegal
How has the law changed its stance on homesexual sex?
Sexual Offences Act 1967 legalised homosexual sex for 21<
In line with hetrosexual sex by 2000
How are morals similar to technology?
They adapt in waves due to social trends, globalisation and the internet
Examples of when the law has lead our morals?
Health Act 2006 banned smoking in public spaces making it unacceptable behaviour
Banning mobile phone use while driving more firm 2022 followed moral stance but firmed up morals
What is the theory of natural law?
View there is ‘higher law’ many believe comes from God e.g 10 commandments
Suports Hart and Fuller as law should enforce moral values as they are wide spread
What is Utilitarianism?
‘The greatest happiness for the greatest number’
Do as you wish as long as the harm doesnt outweigh the good
Hart supports this due to legal validity rather than the moral contents of law
What does Hart believe
Is a legal positivist, thinks law and moral values seperate entities
Believes there is a connection between them but there not interdependent
What does Fuller believe?
Is a naturalist, sees law as method of achieving social order by regulation
Says for law to be valid must conform to certain moral functions
What is the Hart v Devlin debate?
Wolfenden Report - morals declined during war thought laws should follow
“The law, should not interviene… to enforce any particular pattern of behaviour”
What was Lord Devlins view on the Wolfenden Report?
Law has duty to enforce moral values judged by the ‘right minded man’
What is the quote Lord Devlin said?
‘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’
Danger is views could lead to views like Hitlers
Devlin argues for legal moralism
What was Professor Harts view on the Wolfenden Report?
Using the law to enforce moral values is unnessesary and would freeze morals
and infringes on individual liberty which is a fundamental British value
