Law & Morality

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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

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