Chapter 4 - Law and Morality 2

Chapter 4: Law and Morality

What You'll Learn

  • Definition of Morality: Understanding key concepts related to morality.

  • Sources of Morality: Explore where moral principles originate.

  • Standard of Morality: Discussion of how moral standards are established.

  • Relationship Between Morality and Law: Interaction and overlap between the two.

  • Duty to Obey Immoral Law: Exploring philosophical arguments surrounding this issue.

  • Enforcement of Morality: How moral principles can be enforced.

  • Contemporary Moral & Legal Issues: Current dilemmas in morality and law.

Definition of Morality

  • A set of social principles that help determine right from wrong, guiding acceptable behavior.

  • Moral principles serve as guidelines for individuals to navigate societal norms.

Why Morality is Important

  • Psychological: Essential for civilized social life.

  • Sociological: Influences self-image and reputation; individuals care about societal judgment.

  • Theological: Focuses on implications of morality in the context of life after death.

  • Common Human Need: Moral behavior encourages cooperation within communities.

Sources of Morality

1. Religion

  • Offers guidelines about ethical behavior (e.g., charity, respect).

  • Moral rules derived from religious texts and authorities.

2. Nature

  • Some argue natural laws inherently guide moral behavior. Example: views on sexuality.

3. Human Beings

  • Conscience: Internal moral compass guiding decisions of right and wrong.

  • Society: Collective interpretations of morality.

Morality Theories

1. Popular/Positive Morality

  • Determined by societal majority perspectives.

  • Ruth Benedict: Cultural relativism in moral judgments.

2. Utilitarianism

  • Moral actions judged by the outcomes they produce.

  • Consequentialism: Focuses on the greatest benefit for the majority (e.g., vaccination programs).

3. Critical Morality

  • Challenges societal norms and institutions, promoting fairness and justice (e.g., women's rights).

  • Distinguishes between popular morality and ethical reasoning.

4. Divine Command Theory

  • Morality tied to adherence to divine commandments.

Relationship Between Law and Morality

  • Laws are often reflections of societal morals (e.g., laws against murder).

  • Not all immoral actions are illegal (e.g., breaking promises, adultery).

Similarities Between Law and Morality

  • Both guide behavior in society and promote fairness and social harmony.

  • Laws often arise from societal moral values.

Differences Between Law and Morality

  • Source: Laws derive from legislation; morality derives from religious, natural, and societal influences.

  • Motive: Law focuses on actions; morality considers motives.

  • Clarity: Laws are clear, whereas morality is often subjective.

  • Enforcement: Legal rules are enforced; moral principles are voluntary.

  • Punishment: Legal consequences exist for lawbreakers; moral infractions may have no formal punishment.

Morality as an Element of Valid Law

  • Questions surrounding the necessity of morality in law creation.

  • Three schools of thought: Positivist, Naturalist, Sociological.

Positivist School

  • Law should exist independently from morality (John Austin).

  • Valid laws are those enacted by authorities regardless of moral content.

  • Some agree that minimum morality should influence law.

Naturalist School

  • Argues that morality should be integral to law-making (John Locke).

  • Laws contradicting morality are deemed invalid.

Sociologist School

  • Validity of laws is based on societal behavior (e.g., adherence to laws as a measure of their legitimacy).

  • Shows moral criteria for laws can vary.

Duty to Obey Immoral Law

  • Different views on whether to comply with laws that are immoral.

Positivist Perspective

  • Laws must be followed regardless of morality (Socrates’ story).

Naturalist Perspective

  • Unjust laws are not binding (Thomas Aquinas).

Enforcement of Morality

  • Some immoral acts are addressed through law (e.g., murder).

  • Others, like adultery, are not necessarily illegal.

Why Some Immoral Acts Are Not Prohibited

  • Immoral actions that do not cause societal harm may remain legal (Harm Principle).

Views on Legal Morality and Legal Paternalism

Legal Moralism

  • Laws should enforce morality, even if no harm is inflicted on others.

  • Lord Devlin's perspective emphasizes supporting minimum societal morality.

Legal Paternalism

  • Laws should prevent self-harm even if patronizing (e.g., seat belt laws, vaccinations).

Victimless Crimes

  • Defined as illegal acts with no direct victim (e.g., drug use).

  • Governments may restrict freedoms for perceived public good.

The Issue of Harm Principle

  • Proposed by John Stuart Mill, emphasizing freedom unless others are harmed.

  • Contemporary attempts to define and critique the clarity and application of the harm principle.

Contemporary Moral and Legal Issues

  • Challenges arise in deciding when to disobey immoral laws for ethical reasons.

Case Studies

  1. R v Bourne (1938): Explores justifications for illegal abortion under moral circumstances.

  2. Johnson v Phillips (1975): Highlights the police's authority when acting for the public good.