Human rights - section A

Law and morality

Rules and norms:

• Norms = behaviour deemed by society as "normal" or "correct."
• Rules = a general norm, mandating or guiding conduct.
  • There are legal rules, moral rules and other rules.

Legal rules:

• A formal mechanism for social control.
• A set of rules imposed and enforced by the state with a system of courts which applies and enforces the law.
• There are penalties for breaking these rules.

Norms of behaviour:

• Values, customs and traditions which represent an individual's basic knowledge of what they think they should do and what others do.
• Evolve slowly over time.
• Often based off of religious values.

Overlap between law and morality:

• Both concerned with setting standards which govern behaviour.
• Both dictate ways in which people are expected to behave.
• Both employ similar language.
• Both distinguish between right and wrong.
• Both speak of duties and obligations.

Morality:

• A particular system of values and principles of conduct, especially one held by a specified person or society.
• Morality is prescriptive - specified what ought to be done.
• Moral attitudes change over time.
• Influenced by religion.

Pluralism:

• Tolerance of a wide variety of views.
• The UK and the rest of Europe have tried to keep religion and morality out of law and politics.
  • Open Door Counselling and Dublin Well Women Centre v Ireland.
• Collective view on morality has changed over time.
  • Same-sex marriage.

Relationship between law and morality:

• Legal positivism.
  • Laws are not based on morals, they are just enforced and threatened.
    • Jeremy Bentham.
    • John Austin
    • Hart
• Natural law.
  • Divine law is implanted in us by God.
  • Validity of law depends on morality.
    • Thomas Aquinas
    • Lon Fuller
    • Devlin
• Devlin - society is dependent upon a shared common morality.
• Hart - society should not interfere with private moral or immoral conduct.

Law and justice:

Meaning of justice:

• Plato - justice is harmony between the different classes in society. Justice is an important virtue for individuals and societies.
• Aristotle - we must have proportionality and find a way to achieve the middle way.
• Aquinas - justice governs our relationships with other people. It is the constant willingness to deal with…