Sir John Salmond described it as “the body of principles recognized and applied by The relationship between legal and moral rules results in some areas to. Sir John Salmond describes law as "the body of principles recognised and applied by the state in the administration of justice." Morals on the other hand are . Law was described by Sir John Salmond as 'the body of principles are various theories on what the relationship of law and morals should be.
Morals will consistently change over time, to reflect a change in attitudes, and the law must attempt to keep up in these situations. An example of this can be seen in R v Rwhich changed the law, so that rape within marriage became a crime.
It was viewed that the wife was legally seen as almost the property of the husband, via the marriage agreement. This was view was morally outdated and wrong, yet the law was very slow in adapting this moral view.
If the law is to enforce morals, then it is faced with the problem that what one person considers immoral, another might not, making it harder to decide which viewpoint should it sanction? This is established in the case of Gillick, where Mrs Gillick sought a declaration that what she saw as an immoral activity contraceptive advice and treatment available to girls under the age of consent was illegal regarding its immorality.
There was a conflict, as some saw this as immoral as it would encourage underage sex whilst others felt that it was moral as underage sex would occur anyway, but this would help prevent unwanted pregnancies. This shows that if such conflict can arise between law and morality, then the two cannot be viewed as equal. Morals can be seen as a set of values which are enforced by law.
Which is also believed to mean do not harm thy neighbour. But for crimes such as parking violations they are not seen as immoral, whilst immoral acts such as adultery are not a criminal offence under UK law. Law and morality can therefore be seen to be particularly different, and one would thus expect their relationship to be similarly separate. There are various theories on what the relationship of law and morals should be.
Discuss the relationship between law and morals.
The first theory is natural law, adopted by St Thomas Aquinas. This states that there is a higher law to which law must conform. One should disregard a law which is at odds with this natural code, unless doing so would lead to social unrest. The problem arises in establishing what this higher code is, although it would seem to be based on human rights. Aquinas saw it as coming from God, while Aristotle believed it came from nature. Another theory refined by John Stuart Mill.
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He argues that criminal acts such as homosexuality illegal when he was writingabortion, and drug abuse do not harm innocents, only those who partake of their own free will. A major criticism is, however, that not only can the nature of harm and others be questioned as with utilitarianism but it is difficult to argue that someone with a powerful drug addiction, for example, is acting of their own free will.
The committee behind the report contained Lord Devlin, a prominent judge, and the academic Professor Hart. Devlin, on the other hand, was strongly opposed to the report, on what might be cited as a natural law approach. Nevertheless, they were prosecuted, and convictions were upheld based on public policy to defend the morality of society.
The law is therefore seen to attempt to uphold what it considers to be public morality, even if some may dispute the correctness of that moral code. The scars led to him being charged with ABH S The differing approaches in these cases clearly show that judges are letting their own moral values affect their judgements.
Legal Positivists believe that law made by the legislative power is valid, must be obeyed by all under that legislative power and does not need to satisfy any higher authority. John Austin emphasized, in his writing, that regardless of personal morality, laws made through the state are binding on all.
Two legal writers, Professor Hart and Lord Devlin, both released opposing writings at this time. Both comment on the Report and the new Act and raise important points and arguments.
He further stated how using these legal rules to enforce moral values was unnecessary, undesirable and morally unacceptable. As part of his writings, Hart drew upon the work of John Stuart Mill. He defines immorality as what every Law Unit 4: Law and Morals Essay Style Page 3 right-minded person considers wrong and says that our legal system should be seen to reinforce the moral norms of the country.
Although some say that not everyone should have to conform to one idea of morality, Devlin argued that society shared a common morality and that the Law was there to condemn acts that go against that common morality.
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The influence of this debate, can be seen in many areas of society where morality and the Law overlap. Many believe that in both cases, the acts were done for sexual gratification but the real distinction was based upon prejudice towards the homosexual men. This is what the legal positivists would argue should not be the case and so in both situations, the law should not have interfered. The views that stemmed from the debate still have influences in modern day moral issues too, including developments in the scientific field.
These developments have advanced to a point that it is possible to identify and remove faulty genes and replace them with healthy or even better adapted ones, for a multitude of reasons. This ranges from eliminating the development of diseases in human fetuses to creating crops that grow exponentially in unfavourable environmental conditions.
Presently, there are countless debates as to if and how the Law should control the use of these developments. Many, even non- religious individuals, fear that by constantly applying this newfound power in science, humanity runs the risk of introducing artificial genotypes in the future that were never naturally intended.📖 Is Legal The Same As Moral And Just? - What Good Law Should Look Like?
Even some religious individuals promote the idea that God instilled these capabilities into humans to allow them to preserve our existence. In both situations, the natural law theorists would argue that the morality of society should be at the forefront of any legislation created regarding genetic modification whereas the legal positivists would emphasise how irrespective of moral values that may disagree with the content, the law would still be valid.
The pluralistic nature of society will always result in differences as to what is deemed moral and immoral. The creation of laws will usually coincide with the moral values of the majority, especially in English law which is controlled by a democracy.
Some still believe that homosexuality is immoral yet in this country, the majority do not and so the Law, which now equalizes homosexual and heterosexual individuals, changes with this shift.