Are Law and Morality ever likely to co-exist?
Morality can be roughly described as a set of values which are normative, specifying the correct course of action in a situation, and the limits of what society considers acceptable.
Law can be seen as the state echoing, and seeking to uphold, these values. These descriptions can be seen to be, however, not entirely correct, and the issue of law and morality is undeniably complex
Not all people are convinced that the law should used to enforce a particular moral code
One of these questions related to: What to punish?
On the basis of Law?
Or both?
On the basis of Morality?
Morailty and Law
CONCLUSION
Main points of evaluation
Main points of analysis
Objective
Aim
Recap
Main topic
INTRODUCTION
REASONING
What was the reasoning behind these choices?
CONTENT
What research, studies, philosophies, theories, evidence have you analysed, evaluated, explored, discussed in an attempt to answer the question?
CONTEXT
In what context does the question relate to?
OBJECTIVES
How might you answer the question?
AIMS
What is the question asking?
DESCRIPTION
How and Why to Punishment
These are just a few of the many questions surrounding the social institution that is punishment
Defining features of Punishment
Condemnation and censure
Expressive Function of Punishment
What message are we trying to send on a specific general level when we seek to punish?
Definition of Punishment
Provide an official/unoffical definiton
COMPARE/CONTRAST
Examples of laws on debatable moral issues
See Gillick v West Norfolk Area Health Authority (1986) –
Airedale NHS Trust v Bland (1993) –
R v Human Fertilisation and Embryology Authority ex parte Blood (1997) –
Examples of Law
Without Moral Content
See R v Kingston (1994), R v Somerset CC ex parte Fewings (1995)
With Moral Content
Murder, Theft, Incest, Obscenity
CRITICAL EVALUATION
Case Studies
There are a range of high profile cases that demonstrate the ambiguous relationship between morality and law. These are....
R v's Brown, 1994
R v's Wilson, 1993
R v's R, 1991
Re A Conjoined Twins (2000) CA
NHS Trust v's Bland (1993), 2WLR 316
Ethics
One of the major problems which arises when law attempts to take the above approach with regard to morality. It will consistently change with time, to reflect a change in attitudes, and the law must attempt to stay abreast of the situation.
Provide examples of where the law has attempted to reflect changes in moral views.
Diversity
Can the law ever reflect the diversity of moral opinion that exists in a multicultural society such as England?
Provide examples of the range of moral opinion
Hart/Devlin Debate
The debate over the relationship of law and morality was brought to the fore in the famous Hart/Devlin debate, which followed the publication of the Wolfenden report in 1957.
The report recommended the legalisation of prostitution and homosexuality on the utilitarian basis that the law ‘should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary’ to protect others.
CRITICAL ANALYSIS
Enforecement
Morality is enforced through the use of public expressions of condemnation, ostracisation, denunciation
Law is enforced through the use of the criminal law, formal punishment, legal sanctions
Consensus of Views
Is there a shared consensus of moral views?
Is there a shared consensus of legal views?
Define Morality
Different cultures will have different views
Define Law
Different contries will have different laws
