Law and Morality

• Give the definition of law

  Commands made by a sovereign power, which is applied by the state
• How is breaking the law punished?

  formal sanctions
• Define morals

  Beliefs and values which are agreed on by a society
• How is breaking morals punished?

  informal sanctions
• Give an example of a crime which is illegal and immoral

  Murder
• Give an example which is illegal but moral

  stealing (circumstances)
• Give two characteristics of the Law

  1. They have a start date
  2. Enforcements is formal
• Give two characteristics of Morals

  1. They don't have a set start date as law develops over time
  2. Enforcement of morals is informal
• Give a theorist for Positivism

  Hart
• What did Hart say?

  Morals are not the law's business. They are seperate concepts
• What is natural law?

  It rejects positivism by saying that law should be based on morality and ethics
• Give a theorist for Natural Law

  Devlin
• What does Devlin argue?

  Law should set basic standard of morality and judges should protect common morality
• What is the argument about judges?

  Judges have different morals - out of touch, upper-class, older
• Give 3 cases where law and morality are interwined

  1. DPP v Shaw
  2. Gibson
  3. Brown
• Give a case where law and morality are separate concepts

  Wilson
• Give a case which shows the conflicts between two people's morals

  Bull v Hall
• What is pluralism?


  idea that there are many different groups living together in society who all hold different views on issues of morality.