Law and Morality

Definition

Morality-

beliefs and values shared by society stating what is believed to be right and wrong.

Adultery- immoral, not illegal

Parking on double yellows- illegal, not immoral

A

T

P

D

C

ABORTION-

Open Door and Dublin Well Woman v Ireland

THE BOUNDARIES OF SEX+CONSENT-

R v R/ R v Brown/ R v Wilson

PRESCRIPTION OF THE PILL TO KIDS-

Gillick Competence

Drug Use-

R v Quayle

Consent/Euthanasia/Murder-

Pretty v UK

Gilderdale- NG of M, G of assisting suicide

Durkheim

Smaller societies = easier for common morality

Modern society = different morals from status, religion, income, ethnicity

Re A (conjoined twins)

• operation in ‘best interest’ of twins

Legal and Moral Rule

Legal:

Sir John Salmon→ “body of principles recognised and applied by state in the administration of justice”

Moral:

"Body of rules which governs a groups behaviour”

Phil Harris→ “beliefs or values shared by society/part of society”

Pluralist + Hart’s Distinction

pluralist- diverse society with lots of different beliefs

Hart-

1. codification

2. time: moral change gradually, legal dont

3. enforcement: legal sanctions vs moral pressure

4. legal exist regardless of if people agree

5. legal can impose strict liability

Harm Principle + Hart-Fuller

John Stuart Mill- people should be free to do whatever they want as long as their actions don’t harm others

Hart- legal positivist:

• “law is the law- even if its immoral”

Fuller- natural law:

• “immoral law cannot be proper law”

PAPER 1,2 and 3 TOPICS

Self Defence- R v Gladstone Williams (honest belief)

Kettling- Austin v Commissioner of Metro (2009)

Consent- Gillick Competence