Law and morality

This covers the topics law and morality and law and justice from the AQA specification 2017.

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State characteristics of a law and an example of one
Laws are:
1. Rules and regulations
2. Objective
3. Not necessarily fault based

Example of a law is against speeding
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State characteristics of a moral and an example of one
Morals are:
1. Subjective
2. Personal codes of values or beliefs
3. Based on levels of fault
4. Determine what is right or wrong

Example of a moral is lying
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State and example of where morals and law overlap
Murder
****
Attempted murder
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What is a pluralist society?
Where there is more than one:
Culture
Race
Religion
Political party
Social class
Language
Ethnic origin
The UK is a pluralist society
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What happened in Open door counselling and Dublin Woman Well Centre v Ireland 1992?
Organisation provided information about abortions.
Article 10 - right to information
Ireland state argued
Article 2 - right to life
Article 2 is not allowed as a foetus is not a life.
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What happened in R v Lyons 2011?
Medic did not want to be deployed in Afghanistan for political reasons.
He was convicted of subordination as he did not want to do weapon training.
He appealed but failed as he wanted to not go to war due to politics instead of morals.
He was not a consci
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What was Lord Devlin's 4 principles for Parliament to bear in mind when deciding which moral 'offences' ought to be prohibited by law and which ought not?
1. The individual freedom to be allowed must be consistent with the integrity of society.
2. The limits of such tolerance are not static, but lawmakers should be slow to change laws which protect morality.
3. Privacy must be respected as far as possible.
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What is positivism and state 3 theorists?
Positivism maintains that laws and morals should be kept separate.
1. Aristotle
2. Jeremy Bentham
3. H.L.A Hart
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What did Aristotle say about positivism?
The law should be 'reason, free from passion'
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What did Jeremy Bentham say about positivism?
Natural law theory is 'nonsense upon stilts'
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What did H.L.A Hart say about positivism?
'Is it morally permissible to enforce morality? Deprivation of freedom causes pain to the individual. Individuals should not be so deprived, unless it is justifiable in the interests of society'

'Laws that merely enforce morals should cease. Laws should
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What did Stuart Mill say about positivism?
Who objects to him and what did he say?
'The only purpose for which power can give rightfully exercised over any member of a civilised society against his will is to prevent harm to others. His own good, either physical or moral, is not sufficient for warrant' 'Society should not impose moralit
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What is natural law and state 3 theorists?
Natural law theory maintains that the law should be used to enforce moral values.
1. Lord Devlin
2. Lon Fuller
3. Thomas Aquinas
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What did Lord Devlin say about the natural law theory?
' The suppression of vice is as much the law's business as the suppression of subversive activities'

'It is an error of jurisprudence to separate crime from sin'
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What did Lon Fuller say about the natural law theory?
Referring to laws made by Germany under the Nazi regime, 'some laws are so immoral that they must be invalid'
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What did Thomas Aquinas say about the natural law theory?
Natural law theory is a 'dictate of right reason'
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What is an example where courts had to face a hard decision?
In 2000, the conjoined twins Jodie and Mary came before the court. The only way to save Jodie's life was for doctors to perform surgery which would kill Mary.
Lord Justice Ward said
' This is a court of law, not a court of morals'
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State 3 case examples when positivism was used.
1. Evans v UK 2007
2. R v Wilson 1996
3. Gillick v West Norfolk and Wisbech Health Authority 1986
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What happened in the case of Evans v UK 2007?
Evans wanted to use embryos fertilised by her ex-partner, he refused.
Despite the emotional issues at stake, consent must be applied which outweighed her right to family ( Article 8 of the European Convention of Human Rights)
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What happened in the case of R v Wilson 1996?
D branded his initials on his wife's buttocks with a hot knife, at her request. Her skin become infected and she sought treatment from a doctor, who reported the matter to the police. The husband was charged with ABH.
Russel LJ: 'Consensual activity betwe
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What happened in Gillick v West Norfolk and Wisbech Health Authority 1986?
G sought a declaration that it would be unlawful for a doctor to prescribe contraceptives to girls under the age of 16 without the knowledge or consent of the parent.
The court refused to grant it, setting out guidelines for when children can give consent
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State 3 cases examples where natural law was used?
1. R v Brown 1993
2. Shaw v DPP 1961
3. Pretty v DPP 2001
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What happened in R v Brown 1993?
D engaged in sadomasochism including physical torture.
Lord Templeman ' Pleasure derived from the infliction of pain is an evil thing'
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What happened in Shaw v DPP?
D published a ladies' directory of the services offered by prostitutes.
The supreme and fundamental purpose of the law is to conserve not only the safety and order but also the moral welfare of the state.
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What happened in Pretty v DPP 2001
Pretty attempted to change to law so she could end her own life because of the pains and problems cause her terminal illness, motor neurone disease.
Lord Bingham 'The task of the committee in this appeal is not to weigh or evaluate or reflect those belie
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What is the Hart v Delvin debate about?
Decriminalising homosexuality and prostitution.
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What was Delvin's book called?
The Enforcement of Morals.
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What did Delvin say about Morals?
The fabric of society is dependent upon a shared or common morality.
Society has the right to defend itself against morality.
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What did Hart say about law and morals?
Society should not interfere with private moral or immoral conduct.
Enforcement is permitted when one of society's dominant moralities is being eroded by a true threat to the cohesion of society.
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How did Lord Atkin describe a duty of care?
'One owed to one's fellow neighbour'
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What happened in McFarlane v Tayside Health Board? Why was it morally acceptable for the judges to award damages to McFarlane?
Mr McFarlane fathered a child despite vasectomy.
The court is for law and not for morals.
Gives protection for the child.
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How does letting a trespasser claim show the changing morality of society?
Why do you think children are able to claim for injuries which is caused by hidden dangers?
Society is becoming more tolerant, understanding and empathetic.
Children are less aware. So more likely to be hurt.
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Other cards in this set

Card 2

Front

State characteristics of a moral and an example of one

Back

Morals are:
1. Subjective
2. Personal codes of values or beliefs
3. Based on levels of fault
4. Determine what is right or wrong

Example of a moral is lying

Card 3

Front

State and example of where morals and law overlap

Back

Preview of the front of card 3

Card 4

Front

What is a pluralist society?

Back

Preview of the front of card 4

Card 5

Front

What happened in Open door counselling and Dublin Woman Well Centre v Ireland 1992?

Back

Preview of the front of card 5
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