Law and morality

Definition of Law by Sir John Salmond

Laws are the body of principles recognised and applied by the state in the administration of justice.

Definition of Law by John Austin

Laws are a command issued from a sovereign power to an inferior and enforced by coercion.

What do morals consist of according to Phil Harris?

Morals are a set of beliefs, values, principles, and standards of behaviour.

How are laws enforced?

Through police control and punishments such as prison sentences or fines.

What is a key difference between how laws and morals are developed?

Laws can change through legislative processes and judicial decisions, while morals develop over many years based on societal beliefs.

Example of law influencing morality

The smoking ban in the Health Act 2006 changed public perceptions about smoking in public places.

Example of morality influencing law

The case of R V R where marital rape was made illegal due to societal beliefs that unconsensual sex is morally wrong.

Definition of coincidence in the context of law and morality

The overlapping and influencing of law and morality where one affects the other.

Definition of divergence in the context of law and morality

The disconnection where the law does not match up to societal moral opinions.

What is natural law theory?

The belief that man-made laws should reflect a natural moral order, as determined by morality.

Who concluded that homosexuality should be legalized?

The Wolfenden Report, citing it as a private act that does not harm others.

What did Aristotle think of natural law?

Natural orders align with the laws of nature and the universe.

What is the test for immorality according to Lord Devlin?

Whether the ordinary man would regard the act with intolerance, indignation, or disgust.

What is positivism in the context of law?

The belief that laws can enforce morality but do not have to align with morality.

What did Jeremy Bentham say about good laws?

Good laws bring the maximum happiness to the maximum number of people.

What did John Stuart Mill advocate regarding individual liberty?

Good laws should not interfere with an individual's liberty unless to prevent harm to others.

What did H.L.A. Hart argue regarding the basis of law on morality?

It is unnecessary to base laws on morality as there is no common morality in society.