Morality (8)

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  • Gillick
    • In the case of Gillick a mother who had 5 daughters wanted the courts to make a declaration that her under 16's could not be given contraception as she believed it was morally wrong.
    • This was rejected by the court, with Lord Scarman saying that when a child has sufficient understanding and intelligence their right will yield to their parents right.
  • Hart- Fuller debate
    • The Hart-Fuller debate 1958-1967 questioned the validity of legal rules that conflict with moral rules
    • After WW2 Nazi's were charged with the murders that they had committed during the war
    • They argued that at the time their crimes were legal and accepted as morally right, but once the war was finished they were no longer legal
    • Fuller supported this decision, but Hart disagreed believing that the law was valid despite being contrary to moral principles.
  • Conclusion
    • There is a close relationship between legal and moral views
    • It is clear that the law is based on morals, but whether or not this should be the case remains arguable.
    • Whilst we have a significant section of society which supports the view of Professor Hart, we must accept that moral views cause much debate in our legal system
    • In the 21st century the relationship continues to be important and in the future it may well be that more laws are changed/ created due to peoples moral opinions


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