Law and morals
Intro- twining and miers, rules exist in many contexts, a rule is a general norm mandating or guiding conduct.
What is law?
Sir John Salmond- the body of principle recognised and applied by the state in the administration of justice.
Characteristics of legal rules
- Compliance is compulsory
- Breach of these rule results in sanctions and procedures
- Legal rule are made and take effect at a precise
What are morals?
- Phil harris defines societys code of morality as a set of values belief principles and standards of behaviour
Characteristics of morals
- Compliance is voluntary
- Stem from religious rules
- Develop gradually
- Enforced informally
- Durkheim: pluralist society
The relationship between law and morals
Any legal system imposes a certain amount of morality, if law is not essentially moral there is no easy explanation of the obligation to obey. The relationship is best described, according to sir John Salmond, as two intersecting circles.
Both laws and morals are rules, they dictate the way in which we behave. The language they both employ, they are both concerned with laying down rules or norms of conduct and this is expressed in terms of obligations duties or what is right and wrong. Example of law reflecting morals- civil partnership act 2004
Morality develops over a long period of time where as…