thoery on morals
- Created by: susantatex1
- Created on: 26-04-16 13:30
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- Theory on Morals
- Positivism
- Natural Law and Positivism
- There is a debate as to whether law and morals should coincide and reflect each other exactly
- Supporters of natural law would say that there is a devine source (god) of law
- Some natural law believers may argue that laws that do not with morals should be ignored
- Positivists believe that if a law is made to the correct legal procedures, it should be followed even if it does not coincide with morals
- Natural Law and Positivism
- Hart Devlin Debate
- Professor Hart
- Felt that the state should not intervene with private moral/immoral conduct
- He limited this by saying that the state can sanction where there is a threat to society and morals being eroded
- Agreed from the findings of the Wolfenden Committee
- Felt that the state should not intervene with private moral/immoral conduct
- Lord Devlin
- Law should intervene intervene to support morality
- Thought that immoral acts could undermine society
- Believed that society required observance of certain moral principles, and even if public opinion was changing the law should still support those moral principles
- Thought that judges have to right to protect and preserve some common morality
- Example of this is Shaw v DPP 1962
- Professor Hart
- Wolfenden Committee 1957
- The committee suggested the legalization of prostitution and homosexuality
- The Sexual Offences Act 1967 legalized these suggestions
- The Committee suggested that law and morals should be kept separate
- Durkheim
- Argued that the social classes provided stability in society
- Argued there could not be one set of moral principles to suit everybody, there would always be conflict
- Positivism
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