Morailty and Law
CRITICAL ANALYSIS
Define Law
Different contries will have different laws
Define Morality
Different cultures will have different views
Consensus of Views
Is there a shared consensus of legal views?
Is there a shared consensus of moral views?
Enforecement
Law is enforced through the use of the criminal law, formal punishment, legal sanctions
Morality is enforced through the use of public expressions of condemnation, ostracisation, denunciation
CRITICAL EVALUATION
Hart/Devlin Debate
The debate over the relationship of law and morality was brought to the fore in the famous Hart/Devlin debate, which followed the publication of the Wolfenden report in 1957.
The report recommended the legalisation of prostitution and homosexuality on the utilitarian basis that the law ‘should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary’ to protect others.
Diversity
Can the law ever reflect the diversity of moral opinion that exists in a multicultural society such as England?
Provide examples of the range of moral opinion
Ethics
One of the major problems which arises when law attempts to take the above approach with regard to morality. It will consistently change with time, to reflect a change in attitudes, and the law must attempt to stay abreast of the situation.
Provide examples of where the law has attempted to reflect changes in moral views.
Case Studies
There are a range of high profile cases that demonstrate the ambiguous relationship between morality and law. These are....
R v's Brown, 1994
R v's Wilson, 1993
R v's R, 1991
Re A Conjoined Twins (2000) CA
NHS Trust v's Bland (1993), 2WLR 316
COMPARE/CONTRAST
Examples of Law
With Moral Content
Murder, Theft, Incest, Obscenity
Without Moral Content
See R v Kingston (1994), R v Somerset CC ex parte Fewings (1995)
Examples of laws on debatable moral issues
See Gillick v West Norfolk Area Health Authority (1986) –
Airedale NHS Trust v Bland (1993) –
R v Human Fertilisation and Embryology Authority ex parte Blood (1997) –
DESCRIPTION
Definition of Punishment
Provide an official/unoffical definiton
Expressive Function of Punishment
What message are we trying to send on a specific general level when we seek to punish?
Defining features of Punishment
Condemnation and censure
How and Why to Punishment
These are just a few of the many questions surrounding the social institution that is punishment
INTRODUCTION
AIMS
What is the question asking?
OBJECTIVES
How might you answer the question?
CONTEXT
In what context does the question relate to?
CONTENT
What research, studies, philosophies, theories, evidence have you analysed, evaluated, explored, discussed in an attempt to answer the question?
REASONING
What was the reasoning behind these choices?
Main topic
CONCLUSION
Recap
Aim
Objective
Main points of analysis
Main points of evaluation