(Original post by xxx-Sarah-xxx)
is there a lot of similarities between law and morals i can only think of religion
Here I thought I'd post some of the stuff up from a power point I have to help you:
- Twining and Miers defined a rule as a ‘general norm mandating or guiding conduct’.
- It is something that determines the way we behave.
- Hart stated that rules are not just habits or practice because a rule is enforceable.
- Carry a sense of moral obligation
- Are reasonable and relevant.
- Carry a penalty if broken
Morality comes from the Latin word moralis meaning actions that are right or wrong. The problem is, as Durkheim (sociologist) pointed out, that although many moral views are similar, there are not a set of moral values that everyone would agree on. Normative theories look at what is right and what is wrong. These theories can be:
Deontological – the emphasis is on the action itself, not the result of it. The end never justifies the means.
Teleological – the emphasis is on the result or the end (telos). The end justifies the means.
ABSOLUTISM- Moral actions are right or wrong in themselves; circumstance, culture or opinion are irrespective.
RELATIVISM- Moral truth varies according to culture, time, place, religion.
NATURAL LAW- A moral code existing within the purpose of nature.
UTILITARIANISM- The rightness or wrongness of an action is determined by its usefulness (utility).
POSITIVISM- In legal terms, the validity of a law has no connection with morality or justice.
LIBERTARIANISM- Individual freedom and autonomy. People are absolute owners of their lives and should be free to do whatever they want to their own bodies and property as long as it does not infringe on the rights of another.
REALISM- All laws are made by human beings and therefore are subject to human foibles, frailties and imperfections.
After this you want to go into details about the individual crimes that have been affected by morality like: Capital Punishment, Homosexuality, Abortion, Prostitution, Sado Masochism, Sunday Trading, Murder and Theft. There are quite a lot more crimes you could use than that but you get the idea. You just want to say things like some of them have become more morally acceptable over time or some have their influences from the bible (the 10 commandments). The Sado Masochism one is interesting because the D's in RvBrown where guilty as they where homosexual but the D's in RvWilson where innocent as they are heterosexual.
After this talk about he crimes NOT influenced by morality which are for the most part traffic offenses or things concerning safety. e.g. it is not immoral to speed but the limit is there to prevent accidents.
Then it's just the Hart-Devlin debate which is to long to post and your conclusion on whether or not the law should try to uphold moral values.
Hope that helps