Law and morals
- Created by: oliviamc16
- Created on: 17-04-23 11:30
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- Law and morality
- Laws are rules and regulations that are objective and not necessarily fault-based.
- e.g. speeding
- They are made by formal institutions, e.g. parliament
- Society's attitude to the law is irrelevant.
- morals are subjective personal codes of values or beliefs based on levels of fault and determine what is right or wrong.
- e.g. lying
- they evolve as society evolves.
- They reflect society's values and beliefs
- Lord Devlin made 4 key principles when deciding which moral offences should and shouldn't be prohibited
- Privacy must be respected as far as possible
- Society's standards of behavior should be higher than what the law sets down
- The limits of such tolerance are not static.
- Permissions must be consisted with the integrity of society.
- there could be an overlap such as murder which is both legally and morally wrong.
- in some cases, tension can be caused such as abortion and euthanasia.
- Positivism- laws and morals should be kept separate.
- Arsitole
- R v Evans, consent must be applied
- Laws are rules and regulations that are objective and not necessarily fault-based.
- Natural law theory- laws should be used to enforce moral values.
- Lord Devlin
- Pretty v DPP, the task is to apply the law of the land as it is understood to be.
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