Law And Morality Flashcards
(20 cards)
Intro- What is the difference between law and morality, including their definitions and key features?
Law (John Salmond): “A body of principles recognised and applied by the state in the administration of justice.”
• Compulsory and applies to everyone
• Written down formally
• Has a start date
• Enforced by the state through courts and penalties
Morality (Philip Harris): “A set of beliefs, values, principles and standards of behaviour.”
• Optional and varies across cultures and religions
• Not formally written
• Develops over time
• Enforced informally by family, peers, and society
Key Difference:
Law defines what people can and can’t do (with formal punishment), while morality focuses on what people ought to do (with social consequences).
Why does the law struggle to enforce moral values effectively?
Morality changes quickly with society, but laws are slow to change. Politicians avoid controversial topics (e.g., no ban on conversion therapy), making it hard for law and morality to stay aligned.
Give examples where the law has adapted to reflect changing moral values.
• R v R (1991): Marital rape made illegal
• Abortion Act 1967: Legalised abortion
• Sexual Offences Act 1967: Legalised homosexuality
• Voyeurism Act 2019: Banned upskirting
• Gambling ban (2020): Credit cards banned for betting
Race relations act
How does common law reflect moral values?
• Brown & Emmett: Harmful sex acts not allowed even with consent (morally wrong)
• Jones & Aitken: Consent allowed in rough horseplay (morally acceptable)
But common law changes slowly and judges may be out of touch.
How do contract and tort laws reflect morality?
• Contract law (Consumer Rights Act 2015): Protects weaker parties from unfair terms
• Tort law (BRB v Herrington): Occupiers must take extra care to protect children
Who enforces moral values in law and how?
Both Parliament and judges enforce morality. Statutes and case law reflect society’s changing views. Private Members’ Bills (e.g., Abortion Act) help pass controversial laws without political party risk.
What does it mean to live in a pluralist society, and why is that important for law and morality?
A pluralist society has many cultures and religions. This means people have different moral views, so the law can’t satisfy everyone’s beliefs. This shows the legal system must balance diverse morals carefully.
Why is euthanasia a difficult moral issue for the law?
Some support assisted dying (like in Airedale NHS Trust v Bland), but others worry it may pressure vulnerable people. Parliament rejected a 2015 assisted dying bill. Campaigns like Dignity in Dying and Care Not Killing show opposing views. ( dianne pretty)
Give examples of how courts have handled morally complex medical decisions.
• Charlie Gard & Alfie Evans (2017–18): Parents wanted to continue treatment abroad; courts said no, to act in the child’s best interest.
• 2015 DNA Law: Law allowed babies with 3 DNA sources – seen by some as leading to “designer babies”, which many think in unacceptable
What did R v BM (2018) say about body modification and consent?
The court ruled people can’t consent to extreme body changes like tongue splitting or nipple removal. It shows the law may protect people from themselves if morality is at stake.
How does the European Convention on Human Rights impact moral debates?
Article 10 gives people the right to express their views, even on topics like abortion or same-sex relationships. But the law must protect others from harm, so not all opinions can be freely acted on.
What was the Wolfenden Report and why is it important?
It suggested that law should only protect public order and decency, not control private moral behaviour. This led to a major debate between Hart and Devlin.
What did Lord Devlin believe about law and morality?
Law should enforce shared morality to protect society. Disgusting behaviour (to right-minded people) should be punished. Example cases:
• Brown – harm during private sex not allowed
• Gibson – artist punished for “outraging public decency”
What was Professor Hart’s opinion?
People should have freedom, as long as they don’t harm others (based on Mill’s harm principle). The law shouldn’t control private moral choices. Examples:
• Wilson – branding with consent allowed
• Legalisation of abortion & homosexuality
• R v Quayle – medical cannabis
What did Fuller argue about law and morality?
He believed law must reflect morality to be respected. If people think something is morally wrong, they’re less likely to do it—so immoral acts should also be illegal.
How did judges differ in the Brown case?
• Lord Mustill: Disgust alone doesn’t justify punishment.
• Lord Templeman: Said pleasure from causing pain is evil.
This shows judges struggle to make moral decisions, especially given their similar social backgrounds.
What do Natural Law theorists like Aquinas believe about law and morality?
They believe law should be based on morality. They say the law is not valid unless it reflects moral values. Cases like Brown and Emmett show how law sometimes enforces what is morally right or wrong.
What do Legal Positivists like Bentham and Hart believe?
They believe law and morality should be separate. A law is valid as long as it comes from the proper legal authority, even if it isn’t moral. For example, in Wilson, the act was legal even if morally debated.
Can law and morality really be kept separate?
Some argue they can’t be separated, because law often reflects moral values (like in Gibson or the Ten Commandments). But others, like Lord Justice Ward in the Jodie and Mary case, say courts should apply law, not personal morals.
To what extent does the law enforce morality, and what challenges does it face in doing so?
The law does enforce morality to some extent, but…
• In a pluralist society, it’s impossible to satisfy everyone, especially on controversial issues like abortion or assisted dying.
• Morality changes quickly, but law changes slowly, so it struggles to keep up with society’s values.
• Example: In 2019, Scotland banned smacking children, but England hasn’t followed yet.
