Morality Flashcards
(4 cards)
Law and Morality- paragraph 1
Sir John Salmond described the law as “A body of principles recognised and applied by the state in the administration of justice”. The characteristics of legal rules are as follows: compliance is compulsory, it is imposed on all and must be obeyed. Another characteristic of the law is that a breach will result in state sanctions and penalties or the D paying compensation to the C if their rights have been breached. Finally, another characteristic is that legal rules take effect at a specific time.
Law and morality- paragraph 2
- Phillip Harris defined Morals as “A set of beliefs, values, principles, and standards of behaviour”- they are what an individual deems as right or wrong. One characteristic of moral rules is that, unlike legal rules, compliance is not compulsory, and a person’s morals are usually influenced by societal pressures. Another characteristic is people
Law and Morality Paragraph 3 part 1- Lord Devlin
- With regard t if the law should enforce morality there are many famous academics who would disagree with this statement, however, others support it. For example, Lord Devlin Believes that the law should be based entirely on moral code, as this is what holds society together. He argued that society should have a basic agreement of morality that is protected and enforced in the law.
Law and Morality- paragraph 3 part 2- Professor Hart
- However, Professor Hart argued that it is unacceptable for the law to enforce morality, as it would freeze morality in time. He also stressed that the law should allow people to be free to do as they wish unless this freedom brings harm to others.