Law & Morality
- Created by: Karolinaaaa
- Created on: 12-05-17 19:37
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- Law & Morality
- Describe (A)
- Morality - values & beliefs that individuals and community follow
- Law - set of rules created by Parliament to ensure public safety and maintain social control
- Sir John Salmond 'body of principles recognized and applied by state of administration of justice'
- Bland (PVS) R v R
- Salmonds interlocking circles
- Law promoting morality (B)
- Natural Law Theory - should strongly reflect morality
- Authoritarian approach
- Extreme Supporters
- Campaign against imposition of Tax 1980
- St Thomas Aquinas
- Lord Devlin
- Some form of morality is necessary to keep society together
- R v Gibson, R v Brown, Shaw v DPP, R v Emmet
- Utilitarian Theory- society shouldn't impose morality onto people
- Best known supporter - John Stuart Mill
- Libertarian approach
- Professor Hart
- Wolfenden Committee 1954
- Findings published after 3 yrs, similar views to Mill
- Warnock Committee 1984
- Quaintavalle (Saviour siblings), Blood R v
- Report on findings in 1984 featured Harts & Devlins Approach
- Recommendations
- Independent body to monitor, regulate & license infertility service and embryo experiments
- Experiments on embryo up to 14 days old should be legal
- Surrogacy arrangements should be illegal and unforceable in court
- Sperm, egg & embryo donations should be facilitated and babies born should be registered to the recipient parents on birth certificates
- Some recommendations put into Human Fertalisation and Embryology Act 2008
- Recommendations
- Natural Law Theory - should strongly reflect morality
- Describe (A)
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