Law and Morality essay plan

Rules and regulations that govern society and guide conduct

Sir John Hammon - body of principles recognised by the state

Compliance is compulsory and breaches of it leads to sanctions

Laws can be implemented immediately

Statutes are given a commencement date

Precedent is created in court rulings and are binding to lower courts

Can be individual to a person

Morality is enforced through social condemation but it's individuals choice to follow or not

Britain is a diverse society with different morals but same legal rules

- Laws are enforced formally, created externally and concern external human conduct

Morality has no sources, no officlas, no agencies cabale of creating rules and concerns internals

- Law is imposed on all members of society alike

Morality can alter to each individual

- Dispute over laws can be resolved through looking at statues and precedents which can't be disputed

Morality is open to dispute as views develop

Both are normative - teach acceptable and unacceptable conduct

Salmond's interlocking circles:

Legal - driving offences, strict liability

Moral - adultery, swearing

Both - murder, theft, ****

UK is a diverse multicultural society with different religions and political views. Diversity impacts relationship of law and morality

- Eg abortion - some see it as immoral, some see it as moral for medical needs.

It can be be near impossible for law to uphold moral values because no value consensus

- Eg Gillick v Norfolk: If courts rule under 16 contraception needs parental consent, teenage preganncy may rise. If not, may be see as encouraging underage sexual intercourse.

Raised argument of whether law should uphold morals and make sadomasachism illegal

Legal themes = validity of the consent and lack of lawfulness

Moral themes = infringing rights of individual for society

Raised the Hart/Devlin debate

- Law should not enforce morality

- Individuals shouldn't conform to majority

- It's undesirable, unneccessary and unacceptable

- Society shares a common morality and law should intervene to punish any act that goes against this

- Failure to intervene could lead to disintigration of society

- In R v Brown, Lords sided with Devlin

- Controversial laws have been passed

- 2011, Burka ban infringed on individuals rights

- 2011 survey, 80% of people were for a ban on politics and religion in schools

= Society's moral views were upheld at expense of individuals

- Law has altered with changing morals

- Sexual Offences Act 1967 - legal over 21. 

1994 - lowered to 18

2000 - lowered to 16

- Law should reflect morality

- Validity of law depends upon compatibility with morals

- Aristotle - divine law is moral standars by whcih society must conform to

- Acquinas - conflict between divine and manmade, divine law should take precedent

- Law and morals are distinct and seperate

- Natural law is nonsense upon stilts

- Law is valid irrespectice of it's content

- Austin - a law which exists is a law, even though we dislike

- Euthanasia = fine line between assisted suicide and murder. Eg Pretty

- Designer babies = should people be allowed to choose genetic makeup or only medicial?  Eg Quintaville

It is difficult to work out whether law should uphold morality but probably should due to constant changing morals