Law & Morality^ Flashcards
(13 cards)
Law
rules you have to follow
with consequences if broken
Morality
own opinion about right and wrong
R V R
changing moral values can lead to a change in law
husband can rape his own wife
Lee V Ashers Baking & Co
example of conflict between morality and law
Pluralism
coexistence of multiple cultures, religions and moral views
- L can’t completely reflect all
ECHR protects morals, but doesn’t allow breaking of law because of them
Moralistic View
Law is connected to morality
the validity of a law is measured but its conformity to moral
- if it violates M, then its invalid
- even if its procedural correct
Moralistic View (Thinkers)
Lord Devlin
laws should protect society, even if they limit ind freedom
Example: R V Brown | Diane Pretty
Legal Positivism
laws are valid if made correctly by Par or judges
- regardless if they satisfy morals
Legal Positivism (Thinkers)
Kelsen - morality is no part in law
Modern Legal Positivists - HLA Hart insists on separation of morality and law
Natural Lawyers
laws exist naturally because of our understanding of right and wrong
- laws are only valid if they comply with morality
Natural Lawyers (Thinkers)
Aristotle - don’t need laws because P naturally know what’s morally wrong
- if they break a law than they are naturally evil
VS: Fuller - law has the purpose to control conduct with rules
Liberal View
Mill - the Harm Principle
- law should only interfere in P’s choices if they hurt someone else
- law should focus on protection over enforcing moral and religious norms
Paternalistic View
Professor Hart
- law should interfere to protect P from their own potentially harmful decisions
- even if they are not directly harming others
agree with laws that restrict harmful choices (drugs)
- as state has duty to protect P from poor decisions
