law and morality

• Define rule- something which determines the way in which we behave. These are generally legally enforceable.
• Define a moral- an expectation within society that is deemed right or wrong.
• pluralist society- a diverse society where people believe all kinds of different things and tolerate each other's beliefs.
• The UK is a pluralist society because it is multicultural meaning there is a great variety of moral values. People are able to express their own views and others generally respect it.
• illegal and immoral act- murder. This is illegal and people know that it is against morals meaning here is wehre they overlap.
• illegal act but not necessarily immoral- theft is illegal in the UK and sometimes can be seen as immoral however it depends on the situation. If someone is stealing food because they can't afford to live, people may overlook this and deem it morally acceptable because they are just trying to live.
• Laws have a start and end date, they are sometimes defined in an Act and can be changed through parliament. However, morals have no start date or end as they are shaped by society and take a long time to change because they are deeply rooted within society.
• Enforcement:

  • morals- society will exclude people if they go against morals and they may face shame because they aren't conforming to society.
  • laws- the police and CJS enforce these rules and there are serious consequences for breaking the law.
• Positivism- the theory of law that is based on the idea of laws being valid where they are recognised by a legislative state.
• Hart- a positivist. Believed in the separation of law and morality.
• Natural law- a moral theory that believes the law shoul be based on morality and ethics.
• Devlin- natural law. The fabric of society is dependent upon a shared or common morality.
• Positivism case- Wilson. (ao3) Branded spouses buttocks, argued that the law shouldn't get involved in their personal life.
• Natural law- Brown. Law should reflect morality.