Coincidence of legal and moral rules
- Created by: A Francis
- Created on: 23-03-13 12:02
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- Coincidence of Legal and Moral rules
- Long-established legal rules influenced by moral rules
- These include murder, theft, which can be traced back to the ten commandments
- Public Morality may influence judicial change
- The decision in R v R was influenced by the moral standing that a husband should not be able to force his wife to have sex
- Changes in Morality may influence Legislation
- Many legislative reforms made in the 1960's reflected the 'permissive' moral ideals at the time
- The Law can be slow to react
- This is evident with the reluctance to decriminalise assisted suicide
- The conclusions of the British Social Attitudes Survey 2007 found that 80% of the population were in favour of assisted suicide
- This is evident with the reluctance to decriminalise assisted suicide
- Public morality may be influenced by law reform
- Some legislation can be seen to be introduced to educate the public that some matters are unacceptable
- i.e. discrimination, smoking
- Some legislation can be seen to be introduced to educate the public that some matters are unacceptable
- Reasons for the overlap between legal and moral rules
- Legal and Moral rules are concerned with imposing certain standards of conduct, without which society would break down
- Many of these fundamental standards, law and morality reinforce and supplement each other as part of the fabric of social life
- Phil Harris
- Legal rules 'are found side by side with moral codes of greater or less complexity
- The relationship of law and moral rules and standards is therefore one of great and abiding importance in every human society, and certainly not least in our own
- Legal rules 'are found side by side with moral codes of greater or less complexity
- The close link between legal and moral rules is also demonstrated by the similarity of normative language used
- Both are concerned to lay down rules or 'norms' of conduct
- Long-established legal rules influenced by moral rules
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