Law and Morality

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  • Created by: Ellie504
  • Created on: 16-05-16 20:33
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  • Law and Morality
    • Both are normative. Law is the set of principles that govern our behaviour. Morality is how we feel we should behave/how it is acceptable to behave.
    • Differences
      • Laws can be easily changed
      • Laws have set consequences
      • Laws are objective compared to subjective morals
    • Key Cases
      • Re A (2001) - Necessity case - went against morals to allow conjoined twins to be separated - SECLURISA- TION
      • R v R (1991) - Marital Rape Case
      • R v Brown - SadomasichistHomosexuals
        • Compare to R v Slingsby - inherent homophobia?
      • Libby Lane (2014) - First female bishop.
    • Role
      • Natural Law Theorists - Aquinas and Fuller
        • Fuller suggested 8 concepts that explain the relationship between L and M. Clarity - keeps the law clear, Generality keeping it applicable, Consistency - consistent to all. WIthout all 8 = not a real legal system.
      • Utlitarianism - John Stuart Mill and Jeremy Bentham
        • Harm Principle - The law should only get involved in risks of harm!
        • Greatest Happiness for the largest number
      • Legal Positivists - Hart.
        • Law and morals must always be separate.
    • Hart Devlin Debate
      • Came about after the Wolfendon Report on legalising Homo- sexuality and Prostitution.
        • Devlin - morality should have some influence over the law, but it should be limited and set out minimum standards rather than max.
      • Hart - Morality should have no influence over this as he is a legal P...
        • Legal Positivists - Hart.
          • Law and morals must always be separate.
    • Warnock Comittee
      • Looked at embryonic research - extended research to up to 14 days. Limited surrogacy arrangements. Independent body.
      • Human Fertilisation and Embryonic Research Act 2008 - allowed saviour siblings, right to know.


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