Law & Morality Flashcards
(8 cards)
rules
Twining & Miers: a general norm mandating or guiding conduct”
Rule is something that determines the way in which we behave; this may be because we submit to it voluntarily (moral rules) or because failure to do so may lead to sanctions (legal rules).
why do we follow rules
Hart suggests that rules are obeyed for one of the following reasons:
- carry a moral obligation Shaw v DPP, judges have a duty to act against immoral behaviour.
- rule is reasonable and relevant.
- penalty may be imposed if broken.
legal rules
law
Legal rules are followed because they are enforceable in some way.
Many definitions of law’ e.g,
Professor Hart: “A set of rules and standards of behaviour that can be enforced in society; the enforcement is formal, generally taking place in the courts and leads to sanctions, in the form of punishments or remedies”
Sir John Salmond: “The body of principles recognised and applied by the State in the administration of justice”
moral rules
eg adultery, lying
Definitions:
• “beliefs and values shared by a society or a section of society”
• “a body of rules which govern a groups behaviour”
Characteristics
• Heavily influenced by religion
eg.abortion, eating certain food contraception
• Often centre round sexual issues - sex before marriage, homosexuality, pornography
• Attitudes tend to change over time (eg. homosexuality)
The law of a country will often reflect the moral values accepted by a majority of people but this is unlikely to be exactly the same as the common religious moral code.
E.g, adultery, in both Christian and Muslim religions this is considered to be immoral but it is not considered a crime in this country.
In England and Wales there has been a move away from religious beliefs and the way the law has developed reflects this. E.g. Abortion was legalised in 1967 yet is still believed to be morally wrong by many people.
diversity of moral rules
Difficulty with morals is there is no one standard to apply, what some people consider immoral others do not.
Durkheim we lived in la pluralist society.
This means as individuals differ in a number of ways it is impossible that they will all share the same moral values.
The views of different sections of society can vary significantly on difficult ethical issues. E.g. euthanasia, prostitution, drug use, vivisection, fox hunting-
There are some ‘core morals’ which appear to be universally accepted eg. murder, terrorism, war crimes
However, the issues of euthanasia and abortion can evoke vastly different views.
similarities
• normatire: dictate behavour
• many law are legal/ moral rules
• never full agreement
• both change over time
• based on greater good/ majority opinion both influence eachother
differences
• Morality develops over a long period of time, a law can be introduced instantly.
• Morality cannot be deliberately changed, but Law can be altered deliberately by legislation.
• Morality depends on a voluntary code of conduct, law is enforceable.
• Breaches of moral codes in general carry no official sanction. Morality relies on the individual’s sense of shame or guilt.
• Breaches of moral rules are not formally acknowledged, breaches of law will be ruled on by a legal system, often in court.
• Law is objective (equally applies to all) , morality is subiective (relative
depending on individual)
changes in law& morality
Both moral values and laws change over time.
In the UK legal changes tend to lag behind moral ones e.g. R v R 1991 rape within marriage became a crime.
Sometimes a change in the law brings about a moral change - e.g. Race Relations Act 1961 was passed in order to counter overt discrimination in public places.
