Law And Morality - Legal Enforcement Of Moral Values Flashcards
What is the conflicting theoretical views on how the law should enforce morality?
Devlin : Any act which deviates from morals should be punished. Reasonable man test is used whether an act would be considered ‘intolerant, indignation or disgust’
Hart : Citizens should be able to behave as they want and law should only intervene in extreme circumstances
What is the main case for law and morality in criminal law?
Brown : group of homosexual sadomasochist men were convicted of s.20 offences during sexual activity.
How is morality enforced in Tort Law?
In Addie v Dumbreck trespassers were allowed to claim for physical injury. However s.1(3) of Occupiers Liability Act 1984 is outdated as it reflects a strict liability 3 part test.
How is morality enforced in Contract Law?
If promise is broken, innocent party may sue for breach.
Law of privity enforces morals as only a person privy to the contract is able to claim as a result of CRTPA 1999. Those who benefit may now claim and this is morally right.
However the injustice of Beswick v Beswick and Tweddle v Atkinson is immoral as parties weren’t allowed to claim despite the contract in benefit to them.
