Law And Morality

Question 1

Define law - by twinning & miers

Answer 1

“ a German norm mandating or guiding conduct”

Question 2

Define law- by sir john Salmond

Answer 2

“ the body of principles recognised and applied by the state in the administration of justice”

Question 3

Define law by professor hart

Answer 3

“ a set if rules and standards of behaviour that can be enforced in society; the enforcement that can be enforcement is formal, generally taking place in the courts and leads to sanctions, in the form of punishments or remedies”

Question 4

What are rules that is something that determines the way in which we behave

Answer 4

Moral rules - submit to it voluntarily or
Legal rules- Because failure to do so may lead to sanctions

Question 5

Define morals by Elliott and Quinn

Answer 5

‘Morals are beliefs and values which are shared by society, or a section of society; they tell those who share them what is right and wrong’

Question 6

What are the other definitions for morals

Answer 6

‘ beliefs and values shared by a society or a section of society’
‘ a body of rules which govern a group’s behaviour’

Question 7

What are the characteristics of moral includes

Answer 7

-Heavily influeced by religion.
-Often centre around sexual issues- sex before marriage, homosexuality; pornography
- attitudes tend to change over time

Question 8

What will law of a country often be

Answer 8

Moral clause accepted by a majority of people but this is unlikely to be exactly the same as the common religious moral code

Question 9

Example a religions immorality that is not a crime

Answer 9

Both Christian and Muslims reglions this considered to be immoral but it is not considered a crime in the country

Question 10

Example of laws that a lot of people disagreed on

Answer 10

Abortion was legalised in 1967 - a lot don’t believed it is morally right

Question 11

What is one of the problems with morals

Answer 11

That there is no on standard to apply, what some people consider immoral others do no

Question 12

What did sociologists Durkheim say what type of society we live in

Answer 12

Pluralists society. This means as individuals differ in a number of ways it is impossible that they will all share the same moral values

Question 13

What are some morals called

Answer 13

Core morals which appear to be universally accepted

Question 14

Example of core morals

Answer 14

Most people see any form of killings as wrong. However this issues of euthanasia

Question 15

What difference between morality and law developing over time

Answer 15

Develops over a long period of time.
Law can be introduced instantly

Question 16

What difference between morality and law when it comes to changing

Answer 16

Morality cannot be deliberately changed
Law can be altered deliberately by legislation

Question 17

What is the difference between breaches of moral codes and breaches of law?

Answer 17

Breaking a moral rule usually doesn’t lead to any official punishment. It depends on how the person feels, like guilt or shame. But breaking the law is taken seriously by the legal system and can lead to punishment in court.

Question 18

Are all actions either illegal or immoral, or can they be both?

Answer 18

Some actions are only immoral, some are only illegal, and some are both. This means certain behaviour may break moral rules, legal rules, or both at the same time.

Question 19

Is all sexual behaviour that some consider immoral also illegal?

Answer 19

No, not all sexual behavior seen as immoral by some people is illegal. For example, some believe sex outside of marriage is wrong, but this belief is not reflected in the law.

Question 20

Do moral standards always match the law in a complex society?

Answer 20

No, in a complex society, moral standards can influence the law, but they will never completely match. Different people have different moral views, so the law cannot reflect everyone’s beliefs exactly.

Question 21

example when law and moral change over

Answer 21

R V R 1991 rape within a marriage became a crime. - used to be seen as normal

Question 22

How have countries around the world responded to human cloning?(scientific development)

Answer 22

Many countries have banned human cloning and imposed strict penalties, including long prison sentences, even for attempting it.

Question 23

How did public attention shift away from the scientific debate on cloning in the early 2000s? (Scientific development)

Answer 23

Public discussion about cloning, a major scientific development, gradually lost prominence as global attention turned to new issues—especially the rise of Jihadist terrorism after the September 11, 2001 attacks. This shift in focus reduced public and media interest in cloning debates.

Question 24

facts if R v Human fertilisation and embryology act ex parte blood 1977

Answer 24

mr. Blood had meningitis and lapsed into a coma from which did not recover. His wife had a sample of his sperm collected for future artificial insemination.
The HFE authority refused to allow the sperm to be released as Mr blood had not given his consent to its collection.

Question 25

held for R v Human fertilisation and embryology act ex parte blood 1977

Answer 25

COA allowed mrs blood to use the sperm as it was held that this circumstance had not been foreseen when the law on sperm donations was made

Question 26

what is legal positivists

Answer 26

maintain that the freedom of the individual in society is paramount and more important than a conception of morality which may not be held by all members of society. Laws are valid where they are correctly made by the recognised legislative power.

Question 27

what are natural lawyers

Answer 27

the validity of a law depends upon it complying with a higher moral authority, such as God.

Question 28

what did the bentham recognised with law

Answer 28

Law is necessary to social order and good laws are clearly essential to good government.to the extent that law advances and protects one’s economic and personal goods and that what gov exists is self-government, law reflects the interests of the individual.

Question 29

what did jeremy bentham know as

Answer 29

founder of British "utilitarianism" or "philosophical radicalism"

Question 30

What was Bentham’s view on the nature of law?

Answer 30

Bentham believed that law is not based on “natural law” or moral principles, but is simply a command that reflects the will of the sovereign or ruling authority.

Question 31

what is legal positivism - that judges should apply

Answer 31

judges should apply the laws as it stands and should not have their decisions influenced by the majority’s moral standpoint

Question 32

what did john Stuart mill argued abt natural law

Answer 32

that rather than society imposing its own ideas of morality through the law, individuals should be free to choose their own conduct so long as they did not harm others. This is known as Utilitarianism

Question 33

Why do some people argue that pornography can be harmful, even if it doesn't directly hurt anyone?

Answer 33

Some argue that while looking at pornography may seem harmless, its widespread availability and acceptance can promote the idea that women are sexual objects. This, in turn, may contribute to attitudes that encourage sexual violence against women.

Question 34

what examples does 1950s Schur wrote abt crime without victims

Answer 34

he used examples of drug use, homosexuality and abortion, all which were illegal at time

Question 35

Why did some people argue against using the law to enforce moral standards?

Answer 35

They believed it was unnecessary because society could handle different moral views on its own, and undesirable because enforcing one set of morals through law could limit individual freedom and diversity of thought.

Question 36

what is the first reason why law should not uphold morals [professor hart]

Answer 36

Punishing the offender harms them when they have done no harm to others

Question 37

what is the second reason why law should not uphold morals [professor hart]

Answer 37

it is wrong to interfere with individuals right to free choice

Question 38

what is the third reason why law should not uphold morals [professor hart]

Answer 38

exercising free choice allows individuals to experiment and learn

Question 39

what is the fourth reason why law should not uphold morals [professor hart]

Answer 39

suppression of sexual impulses affects the development of the individual’s emotion life, happiness and personality which does them harm

Question 40

what are the cases that use the hart approach

Answer 40

Gillick v west Norfolk and Wisbech AHA 1986 R v Wilson 1996

Question 41

facts of Gillick v West Norfolk and wisbech AHA 1986

Answer 41

Mrs G, a Roman Catholic mother of five daughters, sought a declaration that a doctor would be acting unlawfully if he gave contraceptive treatment for any of her daughters without the mother’s consent. It was argued on the one hand that teenage pregnancies would increase if the courts ruled that parental consent was necessary, on the other hand that the judges would be encouraging under-age sex if they did not.

Question 42

held for Gillick v West Norfolk and Wisbech AHA 1986

Answer 42

HOL held by a majority of three to two that a child under 26 who can fully understand the implications of the propped treatment(“gillick competent”) can give their own consent treatment.

Question 43

facts of R v Wilson 1996

Answer 43

A husband had used a heated butter knife to brand his initials, on his wife’s buttocks, at her request. The wife’s burns had become infected and she needed medical treatment

Question 44

held for R v Wilson 1996

Answer 44

He was convicted of assault causing bodily harm but on appeal the COA quashed the conviction.

Question 45

what did Russell LJ said abt R v Wilson 1996

Answer 45

we are fairly of the option that it is not the public interest that activities such as the appellant's in this appeal should amount to a rumination behaviour consensual activity between husband and wife, in the privacy of the matrimonial home, is not in our judgment a proper matter for criminal investigation

Question 46

What is the view that law should reflect morality, and what did St. Thomas Aquinas say about it?

Answer 46

This view suggests that law should closely align with morality and that there is a higher law, often called natural law, which judges should refer to. St. Thomas Aquinas believed that this higher law came from God.

Question 47

what did Mr justice Stephen's argued abt john Stuart mill

Answer 47

said that many crimes which seem only to affect the person who commits the crime do in fact affect other people. Like crimes involving possession and use of drugs

Question 48

what is the first basic principle that lord Devlin say

Answer 48

Privacy and the individual’s right to choose should be respected as far as possible

Question 49

what is the second basic principle that lord Devlin say

Answer 49

Punishment should be used for what creates disgust amongst right thinking individuals

Question 50

what is the third basic principle that lord Devlin say

Answer 50

Law should be slow to change if it protect morality

Question 51

case that used devlin approach

Answer 51

Shaw v DPP 1962 Knuller v DPP 1973 R v Gibson

Question 52

facts Shaw v DPP 1962

Answer 52

D published a “ladies directory” which advertised the names and addresses of prostitutes with, in some cases, photos and in others, details of sexual perversion which they were willing to practise.

Question 53

held for Shaw v DPP 1962

Answer 53

HOL held that an offence of conspiracy to corrupt public morals existed at common law. In effect they invented this crime to ensure a conviction. The conspiracy to corrupt public morals consisted of an agreement to corrupt public morals by means of the magazine; and the Ds had been rightly convicted

Question 54

example that judges use devlin approach

Answer 54

HOL upheld their convictions. The very moral justification that was given was that it was not in public interest to allow such behaviour for the possible corrupting effect on other people.

Question 55

what does lord templeman said abt judges uses devlin approach

Answer 55

“society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing”.

Question 56

facts of Knuller v DPP 1973

Answer 56

D and others had published adverts in a contract magazine aimed for homosexuals, encouraging them to have sexual relations with each other.

Question 57

held for Knuller v DPP 1973

Answer 57

HOL held that an agreement to publish adverts to facilitate the commission of homosexual acts between adult males in private was a conspiracy to corrupt public moral, although such conduct is no longer a crime

Question 58

what happen to R v Gibson

Answer 58

Ds exhibited at an exhibition in a commercial art gallery, a model’s head to which were attached earrings made out of freeze-dried human foetuses. The exhibit was entitled ‘human earrings’. The gallery was open to, and was visited by, members of the public. Ds were charged with, and convicted of, outraging public decency contrary to common law

Question 59

What was the debate between Lon L. Fuller and H.L.A. Hart about, and what were their views on law and morality?

Answer 59

The debate, published in the Harvard Law Review in 1958, focused on the relationship between law and morality. H.L.A. Hart, an advocate of legal positivism, argued that law and morality are separate. In contrast, Lon L. Fuller, supporting natural law, replied that morality is the source of law’s binding power.