Morality A03

Point 1

Judges have found law difficult to interpret in line with morality in a number of ways.

Develop point 1

In the cases of Brown and Wilson the judges allowed their own moral beliefs to influence the outcomes of the case. Both cases have similar facts however it has been suggested that Wilson was decided differently due to the homophobic nature of the judges and them letting their own personal views on the actions of the defendants.

Extension point 1

Judges are mainly made up of elderly white men which is a very narrow section of society deciding a case based on only their morals. The judges should follow Hartsapproach is it would allow for more progression in the law and outcomes which are not solely based on a small number of judges opinions.

Point 2

Judges have also found it challenging to interpret controversial laws such as Abortion Act.

Develop point 2

This is due to the pluralist society and various different groups having opinions on the issue. The law was also made using a Private Members Bill which shows that the government at the time did not want to be seen to propose a controversial law due to fear of losing votes.

However point 2

However examples such as Royal College of Nursing v DHSS show how judges have been able to interpret the law in a more modern way using moral views and reaching a sensible decision.

Point 3

Judges however have been able to change and update some laws that have become outdated and need to be changed to reflect the morality of society.

Develop point 3

This can be seen in the case of R v R regarding marital rape. Judges should allow morality to influence their decisions as in 1991 this was an obvious issue that the law had overlooked and should be changed in order toreflect the society at the time.

However point 3

However, this changed should have happened sooner than it did and the shows that judges sometimes face difficulty in keeping up with changes in morality in their decision making as they must wait for a case to be presented to them in order to change the law.

Point 4

Another area where judges have faced challenges when interpreting the law is regards to the law on negligence.

Develop point 4

The case of Hill v West Yorkshire Police shows that judges allowed morality to influences their decision as many would argue that the police should have been seen as negligent in that case. The judges took into consideration policy points when making this decision as they believed it would be unfair to find the police liable which shows moral beliefs including their decision.

However point 4

However in areas of law such as tort law it is important that judges do this in order to close floodgates and allow the law to function.