2: Law and Morality

• Legal Positivists believe that laws are valid when made by legislation of the state
• Utilitarians say that society shouldn't impose morality on people as they should have free will
• Natural law theorists say that law should strongly reflect morality as it gives a basic moral code
• John Austin, a legal positivist, says that there is no connection between law and morality

  3 principles:

  1. Laws are commands issued by the sovereign
  2. Commands are enforcable by consequences
  3. A sovereign is obeyed by society
• Hart and Devlin Debate

  Hart - 'Law should not enforce morals because it is unnecessary, undesirable and unacceptable'

  Devlin - 'Law has a duty to enforce standard morals to keep society together'

  Wolfdeen Committee examined the relationship between law and morality, causing the debate
• R V R Marital Rape Law 1991

  Tells us the societal changes that can occue from morality resulting in changes of law

  Stated that 'women had to engage in sexual conduct if married'