can someone help me please. im doing an essay Watch

xxx-Sarah-xxx
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this is the question .Discuss the relationship between law and morals. Consider how far the law seeks to uphold and promote moral values.

i dont know how to start it off
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.Katherine.
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I'd start by defining both morals and laws, to show the difference between the two.
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Vision
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How ironic I just handed this essay in today, i'd start by saying what a legal rule is using the definition from Twining and Miers (a general norm mandating or guiding conduct.) Then do the same for moral rules mentioning some of the theories (libertarianism, relativism and natural law are probably the most important.) Should be a good start. Feel free to post back if you have anymore questions.
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Redefined
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Defining law can be an essay in itself. I'd first of all chose a quote from a respected academic and the same for morals. Personally, I would then attempt to use enacted legislation and case law to show how far the law seeks to uphold and promote moral values.
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Vision
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Yeah lawortal makes a good point. Later on you want to talk about how peoples changing perceptions over time has affected the law. Some obvious examples would be abortion, homosexuality or even capital punishment which have all changed legally due to a change in moral values. Obviously you'll need to back it up with references to the relevant statutes. And throw in the Hart-Devlin debate too.
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xxx-Sarah-xxx
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(Original post by Vision)
Yeah lawortal makes a good point. Later on you want to talk about how peoples changing perceptions over time has affected the law. Some obvious examples would be abortion, homosexuality or even capital punishment which have all changed legally due to a change in moral values. Obviously you'll need to back it up with references to the relevant statutes. And throw in the Hart-Devlin debate too.
is there a lot of similarities between law and morals i can only think of religion
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yvonnay
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are you doing aqa law??
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xxx-Sarah-xxx
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(Original post by yvonnay)
are you doing aqa law??
yep
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Redefined
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Law is nearly always affected by the morals of the society it aims to govern. Take for example recent laws on co-habitation/civil partnerships, sexual offences...i can go on and on lol.

Your essay seems quite open, meaning you could go a long way back in time to discuss what you think. How many words is it btw?
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xxx-Sarah-xxx
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(Original post by law:portal)
Law is nearly always affected by the morals of the society it aims to govern. Take for example recent laws on co-habitation/civil partnerships, sexual offences...i can go on and on lol.

Your essay seems quite open, meaning you could go a long way back in time to discuss what you think. How many words is it btw?
she didnt give any word limits
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yvonnay
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(Original post by xxx-Sarah-xxx)
yep
is that unit 6? we haven't even finished going through unit 5 yet!! :eek:
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Redefined
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this is for college then i guess?

take a look at some jurisprudance text books, although they mainly try to link law and religion. Although, there may not be any harm in focusing in depth on this.
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*Star*Guitar*
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Ahhhh AQA unit 6. The only thing I did work for and the only unit I got an A for lol.

Try looking at dictionary defintitions of 'law' and 'morals'.

Problems in identifying the 'moral values of society'
- Mary Warnock's view
- Durkheim's view

-tort law - based on biblical view of 'love thy neighbour' (Donoghue)
-contract law - principle that promises should be kept

Mention the Hart/Devlin debate

Theorists views:
Kent Greenawalt
Lawrence Friedman
Sir John Salmond
Early Positivist theorists
Natural Law theorists


Try having a look at that stuff.
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.Ed.
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Laws are based on morals. The law will genrally try and look after the general morality of the country. eg. the countries moral outlook on abortion changed hence the law on abortion changed.
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xxx-Sarah-xxx
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(Original post by yvonnay)
is that unit 6? we haven't even finished going through unit 5 yet!! :eek:
my teacher sort of rushed unit 5. its so boring that unit. what do you think?
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xxx-Sarah-xxx
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its night time. im losing concentration i cant even define law and morals. i feel so dumb and clueless
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*Star*Guitar*
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look at me big post! Thats my essay plan to your exact Q lol
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Redefined
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start again in the morning then
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Vision
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(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:

Legal Rules

  • 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


Moral Rules

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.

Theories

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
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xxx-Sarah-xxx
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(Original post by Vision)
How ironic I just handed this essay in today, i'd start by saying what a legal rule is using the definition from Twining and Miers (a general norm mandating or guiding conduct.) Then do the same for moral rules mentioning some of the theories (libertarianism, relativism and natural law are probably the most important.) Should be a good start. Feel free to post back if you have anymore questions.
Consider how far law seeks to uphold and promote moral values.
ive only written a paragraph on this part can you give me any more ideas?
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