Morality paper 2 and 3

• Law


  Rules created and enforced by the state with sanctions imposed
• Morality


  A system of beliefs, values and principles that enable people to know what is right and wrong
• Relationship between law and morality


  Subject to much debate especially between the opposing views of natural law theorists and legal positivists
• Natural law theorists


  • Believe laws should be based on morality
  • According to Aquinas, only laws that are moral are valid
• Legal positivists


  • Believe law and morality should be kept separate
  • According to Austin, laws are valid regardless of content if made in the manner recognised by the state
  • Hart believed the state should only regulate behaviour that is harmful to others or interfered with the basic rights of individuals and not use morality as a reason
• Laws based on morality (criminal law)

  • Theft
  • Murder
  • Rape in marriage
• Laws not based on morality (criminal law)


  • Adultery
  • Parking on double yellow line
• Laws not based on morality (civil law)

  • Vicarious liability
• Similarities between law and morality

  • Both set standards of behaviour that people are expected to follow
  • Both use words like "right" and "wrong"
• Differences between law and morality

  • Legal rules are imposed, moral rules are voluntary
  • Laws are made by formal institutions, moral rules evolve within groups and society
• Although there is a close relationship between law and morality, these are not inextricably linked in the operation of the English Legal System