thoery on morals

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  • Theory on Morals
    • Positivism
      • Natural Law and Positivism
        • There is a debate as to whether law and morals should coincide and reflect each other exactly
        • Supporters of natural law would say that there is a devine source (god) of law
          • Some natural law believers may argue that laws that do not with morals should be ignored
        • Positivists believe that if a law is made to the correct legal procedures, it should be followed even if it does not coincide with morals
    • Hart Devlin Debate
      • Professor Hart
        • Felt that the state should not intervene with private moral/immoral conduct
          • He limited this by saying that the state can sanction where there is a threat to society and morals being eroded
        • Agreed from the findings of the Wolfenden Committee
      • Lord Devlin
        • Law should intervene intervene to support morality
        • Thought that immoral acts could undermine society
        • Believed that society required observance of certain moral principles, and even if public opinion was changing the law should still support those moral principles
        • Thought that judges have to right to protect and preserve some common morality
          • Example of this is Shaw v DPP 1962
    • Wolfenden Committee 1957
      • The committee suggested the legalization of prostitution and homosexuality
      • The Sexual Offences Act 1967 legalized these suggestions
      • The Committee suggested that law and morals should be kept separate
    • Durkheim
      • Argued that the social classes provided stability in society
      • Argued there could not be one set of moral principles to suit everybody, there would always be conflict

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