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Law and Morality essay plan

[Intro]

Laws and morals are both types of rules. Rules exist in many contexts, a rule is a general
norm mandating or guiding contact in specific areas or activities.

What is law?

Sir John Salmond - "the body of principle recognised and applied by the…

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Ease of Change:

Legal Rules: Technically easy to change as Parliament has the authority to pass any law
t wishes whenever it wants. However Parliament is often slow to respond to the need
for change though their avoidance is limited.

Moral Rules: Morals change gradually over time, this…

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Relationship between Law and Morality

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Coincidence of Legal and Moral Rules:

They are both concerned with setting standards, which are essential for governing
society and individual's behaviour.

They distinguish between right and wrong, and they speak of duties, obligations and
responsibilities.

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Overlap:

An overlap of laws…

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Murder and Theft ­ 10 Commandments

Changes in moral values can lead to developments in the law

Rape in marriage (R v Clarke)
Abortion (Abortion Act 1967)
Homosexuality (Gay marriage legalised)
Sometimes law is introduced to promote a change of morality
Racism (Race Relations Act 1965)

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Legal Positivism:…

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The minority should not be made to conform to the will of the majority when in private
(Tyranny of the majority)

Using the law to enforce moral values is undesirable because it would freeze morality at a
set point. It is also unacceptable as it infringes the freedom of the…

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