Law And Morality Flashcards
(65 cards)
What is the distinction between law and morality?
Law is defined as a body of principles recognized and applied by the state in the administration of justice, while morality is a set of beliefs, values, principles, and standards of behavior.
What are legal rules ?
Legal rules are compulsory, apply to all members of society, are written down in an organized way, have a start date, and can be enforced with penalties.
How are moral rules characterized?
Moral rules are optional, vary within different cultures and religions, are not written down, develop over time, and are enforced informally through family and peers.
What does morality teach us compared to law?
Morality specifies what ought to be done and outlines acceptable and unacceptable behavior, while law states what citizens can and can’t do, with formal sanctions for non-compliance.
How does the law respond to changing moral standards?
Morality changes quickly, and the law often struggles to keep up with societal views, indicating that the legal system adapts to changes in morality.
What is an example of law adapting to changing morality?
Marital rape was not a crime until R v R in 1991, illustrating how moral standards influence legal definitions.
How has religion influenced morality and law?
Religion previously influenced morality, but in a secular society, legal developments reflect changing moral views, such as the legalization of abortion in 1967.
What are some statutory examples of legal enforcement of moral values?
Examples include the Sexual Offences Act 1967 legalizing homosexuality, the Sex Discrimination Act 1975, and the Race Relations Act 1976, which have influenced public education on discrimination.
What recent law addresses ‘upskirting’?
‘Upskirting’ was made a criminal offense under the Voyeurism Act 2019.
What law was enacted in April 2020 regarding gambling?
The use of credit cards to place bets was banned in April 2020 to tackle problem gambling.
What is a limitation of statute law in responding to moral changes?
Statute law can be slow to respond to changes in moral views as politicians avoid controversial laws that may divide opinion and lose votes.
An example is the decision not to ban conversion therapy, which was a manifesto pledge but has yet to be implemented.
How do Private Members’ Bills facilitate controversial laws?
Private Members’ Bills are useful in passing controversial laws without political parties having to state their position.
An example is the Abortion Act 1967 that legalised abortion.
What was the ruling in the common law cases of Brown and Emmett?
In Brown and Emmett, the courts held that consent is not a defence to causing harm during sado-masochistic sex as such practices are considered morally wrong.
What was the ruling in the common law cases of Jones and Aitken?
In Jones and Aitken, causing harm to another through rough horseplay was considered morally acceptable, so consent can be a defence.
What is a limitation of common law development?
Common law can be slow to develop as it requires cases to go to the appeal courts, and some argue that judges should not make law in controversial areas due to being ‘out of touch’. (Not knowledgeable)
What does the Consumer Rights Act 2015 provide in contract law?
The Consumer Rights Act 2015 provides protection to the weaker party in a contract to ensure the more powerful party does not take advantage.
An example is S31, which bars companies from using exclusion clauses concerning the right to goods being of ‘satisfactory quality’.
What is required of occupiers in tort law concerning children?
Occupiers are required to take extra care where children are concerned and cannot escape liability by providing minimal protection that would otherwise protect adults.
This was established in the case of BRB v Herrington.
What does Durkheim say about moral values in a pluralist society?
According to Durkheim, we live in a pluralist society made up of different cultures and religions, making it impossible to find a single set of moral values that apply to all.
What is a challenge of the law in enforcing morality?
It is impossible for the law to please everyone when enforcing morality, particularly with controversial issues such as assisted dying (euthanasia).
In Airedale NHS Trust v Bland, the courts legalised ‘passive euthanasia’ for the first time.
What cases are associated with euthanasia discussions?
Diane Pretty, Paul Lamb, and Phil Newby are notable cases associated with euthanasia discussions.
What happened to the ‘assisted dying’ Bill in 2015?
The ‘assisted dying’ Bill was rejected by Parliament in 2015.
What is a concern regarding changing euthanasia laws?
There is a concern that vulnerable individuals may feel pressured into ending their lives.
What are the names of the campaign groups presenting opposing arguments on euthanasia?
‘Dignity in Dying’ and ‘Care not Killing’ are the campaign groups presenting opposing arguments.
What was the Court of Appeal’s decision regarding Charlie Gard’s case?
In 2017, the Court of Appeal rejected the claim by Charlie Gard’s parents to transfer him to the USA, stating it was ‘acting in the child’s best interests’.
