Law and Morality
- 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 **** 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.
- Natural Law Theorists - Aquinas and Fuller
- 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.
- Legal Positivists - Hart.
- Came about after the Wolfendon Report on legalising Homo- sexuality and Prostitution.
- 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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