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Law-Exchange.co.uk Powerpoint

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The document discusses the complex relationship between law and morality. While some acts like murder are universally deemed both illegal and immoral, other issues are more nuanced. There is no single moral standard that can be applied, as societies have diverse views. Several cases are mentioned that examine where and how the law has intervened or not intervened to enforce particular moral standards.

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1 of 13
Law & Morality AQA Unit 6
Overlap between law and moral The law and morals do overlap Murder, theft, and rape are generally both Even parking on a yellow line may be immoral if you block an exit However things like adultery, swearing and cheating are not usually illegal, but are immoral On the other hand is shoplifting a loaf of bread as you have no money to feed yourself immoral? (It is illegal)
Diversity of Views There is no single moral standard to apply We live in a plural society Gillick v West Norfolk & Wisbech Area Health Authority
Key Case R v R (1991) was a case were the common law changed to say a man could rape his wife. Why did the law change? Did the law change quickly enough? Why does morality change over time? Should the law enforce morality?
Wolfenden Committee Report 1957 This stated that the criminal law should preserve public order and decency, to protect the citizen from what is offensive and injurious and to provide sufficient safeguards against exploitation and corruption of others especially the vulnerable… The law should not intervene in the private lives of citizens.
Lord Devlin v Professor Hart Lord Devlin said law and morality are linked. Immoral acts even in private could weaken the fabric of society. Society should punish an act thought grossly offensive against the standards of ‘right-thinking’ members of society.
PH argued that there is no widely shared morality. Unnecessary, Undesirable and Unacceptable Using the law to enforce morality is Unnecessary (society regulates itself) Undesirable (freeze one set of values) Unacceptable because it would restrict the freedom of the individual His views were modelled on John Stuart Mill
John Stuart Mill (1806-1873) Law lets people make their own choices As long as they don’t harm others
R v Brown (1994) The HL held where the D’s had committed homosexual sadomasochistic acts, resulting in injuries, public policy demanded that these acts be treated as unlawful even though they occurred in private and the participants had consented. There was not only disagreement in the decision 3- majority, but also in the reasoning.
R v Brown Lord Templeton said ‘Pleasure derived from the infliction of pain is an evil thing’ Lord Lowry said such activities were not ‘conductive to the welfare of society’. The ECHR upheld the HL. Cf. R v Wilson did the judges decide differently on moral grounds?
What about these? Drinking Smacking – Children Act 2004 unlawful if causes bruises and Cuts Smoking Praying – Daily Collective Worship in schools Gay marriages Civil Partnership Act 2004 Get your own examples from newspapers
Answering the exam question Read the question carefully for specifics Use cases and Acts to show the relationship to show a relationship or lack of relationship between morals and law There is no right or wrong answer it is your own argument supported by academics, lawyers, cases and statutes.
Task Using the following cases as a start write a list of cases that enforce or do not enforce morality. Brown Wilson Bland Re A Stone and Dobinson DPP v Blake (1993)

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Law-Exchange.co.uk Powerpoint

  • 1. Law & Morality AQA Unit 6
  • 2. Overlap between law and moral The law and morals do overlap Murder, theft, and rape are generally both Even parking on a yellow line may be immoral if you block an exit However things like adultery, swearing and cheating are not usually illegal, but are immoral On the other hand is shoplifting a loaf of bread as you have no money to feed yourself immoral? (It is illegal)
  • 3. Diversity of Views There is no single moral standard to apply We live in a plural society Gillick v West Norfolk & Wisbech Area Health Authority
  • 4. Key Case R v R (1991) was a case were the common law changed to say a man could rape his wife. Why did the law change? Did the law change quickly enough? Why does morality change over time? Should the law enforce morality?
  • 5. Wolfenden Committee Report 1957 This stated that the criminal law should preserve public order and decency, to protect the citizen from what is offensive and injurious and to provide sufficient safeguards against exploitation and corruption of others especially the vulnerable… The law should not intervene in the private lives of citizens.
  • 6. Lord Devlin v Professor Hart Lord Devlin said law and morality are linked. Immoral acts even in private could weaken the fabric of society. Society should punish an act thought grossly offensive against the standards of ‘right-thinking’ members of society.
  • 7. PH argued that there is no widely shared morality. Unnecessary, Undesirable and Unacceptable Using the law to enforce morality is Unnecessary (society regulates itself) Undesirable (freeze one set of values) Unacceptable because it would restrict the freedom of the individual His views were modelled on John Stuart Mill
  • 8. John Stuart Mill (1806-1873) Law lets people make their own choices As long as they don’t harm others
  • 9. R v Brown (1994) The HL held where the D’s had committed homosexual sadomasochistic acts, resulting in injuries, public policy demanded that these acts be treated as unlawful even though they occurred in private and the participants had consented. There was not only disagreement in the decision 3- majority, but also in the reasoning.
  • 10. R v Brown Lord Templeton said ‘Pleasure derived from the infliction of pain is an evil thing’ Lord Lowry said such activities were not ‘conductive to the welfare of society’. The ECHR upheld the HL. Cf. R v Wilson did the judges decide differently on moral grounds?
  • 11. What about these? Drinking Smacking – Children Act 2004 unlawful if causes bruises and Cuts Smoking Praying – Daily Collective Worship in schools Gay marriages Civil Partnership Act 2004 Get your own examples from newspapers
  • 12. Answering the exam question Read the question carefully for specifics Use cases and Acts to show the relationship to show a relationship or lack of relationship between morals and law There is no right or wrong answer it is your own argument supported by academics, lawyers, cases and statutes.
  • 13. Task Using the following cases as a start write a list of cases that enforce or do not enforce morality. Brown Wilson Bland Re A Stone and Dobinson DPP v Blake (1993)