law and morality Flashcards
(10 cards)
1)
law and morality refers to the interaction between defined rigid laws and the often fluid, abstract concept of morality within society
2)
morals are a subjective personal code of values however laws are regulations that objective and not fault based eg strict liability such as speeding
3)
within our society legal rules are often enforced formally through government court system and the police whereas morals are enforced informally
4)
it is common for both legal rules and moral rules to reflect each other as the law is shaped and changed by the morality of the people making the law. for example in the law of nuisance where disturbing a persons quiet enjoyment of land would be considered immoral and therefore remedies such as injections and damages can be awarded
5)
one issue in this area of morality is that morality is an inherently subjective concept as different cultures backgrounds and upbringings can result in a different belief of morality. for example some religious groups would consider abortion immoral whereas others would view abortion being illegal as immoral
6)
another issue arises as morality is ever changing in which laws can be too rigid to adapt quick enough
7)
this is highlighted in the case of rvr where martial rape was criminalised where many believe it to be immoral before the law was enforced
8)
additionally there are two contacting approaches linking the law and morality positivism (law and morality should be kept separate Aristotle ) and natural law theory (laws should enforce moral standards supported by Thomas Aquinas and lord Devlin
9)
our society resonates most with natural law theory as changes in morality due to the decline of religious institutions has resulted in acts such as the abortion act 1967
10)
therefore morality is a subjective concept and is hard for judges to practise perfectly although a clear positive is that it keeps the law up with what people hold to be morally right
