Law and morality

Legal rules

rules enacted by an authority which the public are in the habit of obeying - John Austin

Moral rules

Rules that set expectations of behaviour - Durkheim

Differences between moral and legal rules

Punishments - Legal = actual punishment e.g. prison sentence, - Moral rules = punished by societal exclusion.

Origin = Legal rules have clear origins like cases or acts of parliament , Moral rules have unclear origins such as religion or customs 

Similarities between moral and legal rules

Overlap - Legal rules can be based off of morals e.g. murder and theft

Devlin v Hart

Devlin - Without shared morality society cannot exist#

Hart - Morals should only influence laws when one of societies dominant moralities is being eroded

R v Brown

Hart would be against the law interfering with personal lives, Devlin ruled in favour of punishment 

Structure of 10 makrer

1) Define moral and legal rules with who defined them 

2) Combined 3 similarities and differences

3) Devlin v Hart

4) Summarise Devlin v Hart with R v Brown