Law and morals essay

Law and morals essay

 · A law exists even if the vast majority disobey it. Morals are rules that reflect society’s values and beliefs. Therefore these values and beliefs are vital for the existence of moral. The area of law that will be discussed is euthanasia. Factors will be taken into account, the extent to which the law does and should enforce moral values Law & Morality Essay Words | 9 Pages. Consider the view that there is a close relationship between law and morality. Examine the debate as to whether the law should reflect moral values, and discuss issues, which show the continuing importance of that debate Laws and Morals. Laws are the body of rules which are recognised as binding among the people of a community or state, so that they will be imposed upon and enforced among those persons by appropriate sanctions. Morals Estimated Reading Time: 4 mins

Law and Morals - Law Essays

They are a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and wrong.

Unlike legal rules, compliance with moral rules is voluntary, that are often informally enforced through social or domestic pressure. Law and law and morals essay are both normative; they specify what should ideally be done and mark the boundaries between acceptable and unacceptable conduct. However, the ways in which they both do this are different: laws are codes of conduct which a superior power has decided should be compulsory.

They are formally enforced by appointed authorities and relate to all members of society. Morals can be seen as a set of values which are not enforced by law. They define how one ought to act not how one must act and whilst they are not subject to moral enforcement, they can be informally imposed.

Hire a subject expert to help you with Law and Morality. There are significant differences between moral rules and legal rules; whereas Laws can be introduced almost immediately by Parliament or the Courts, morals tend not to be backed by legal sanctions and are often reinforced by social pressures; such as family and friends. Compliance with moral rules is voluntary and there are often no law and morals essay punishments. Today we live in a diverse society which law and morals essay meant law and morals essay as morals have developed: they have become pluralistic and between individuals or social groups opinions on moral codes now vary.

Within Christianity, acts such as abortion and euthanasia are strongly opposed, while other religious groups may not deem these as wrong. Similarly, in Hindu and Muslim communities arranged marriages are encouraged whilst in non-religious communities these are disfavoured. Furthermore, legal rules can enforce strict liability, such as the requirement of wearing a seatbelt in a car or not exceeding a speed limit, whereas moral rules cannot- they can only be broken voluntarily.

Legal and moral codes can coincide; law can often be seen reinforcing and seeking to uphold our moral values, law and morals essay. However, this can be seen as a major problem as morals will consistently change over time, to reflect a change in attitudes, and the law must attempt to keep up in these situations. An example of this can be seen in R v Rwhich changed the law, so that rape within marriage became a crime.

It was viewed that the wife was legally seen as almost the property of the husband, law and morals essay, via the marriage agreement, law and morals essay. This was view was morally outdated and wrong, yet the law was very slow in adapting this moral view. Another example of how moral change has led to legal change is the law and morals essay of Diane Blood.

They had been trying to start a family and she arranged for sperm to be extracted from him. Following his death she attempted to use the sperm to become pregnant, but this was banned under the Human Fertilisation and Embryology Act, law and morals essay. She won the right to have the insemination carried out abroad. This was held to be incompatible with the human right to private and family life and the law has since been changed.

But for crimes such as parking violations they are not seen as immoral, whilst immoral acts such as adultery are not a criminal offence under UK law. If laws enforce morals, then we are faced with the problem that what one person considers immoral, another might not, making it harder to decide which viewpoint it should sanction. This is established in the case of Gillick, where Mrs Gillick sought a declaration that what she saw as an immoral activity contraceptive advice and treatment available to girls under the age of consent was illegal regarding its immorality.

There was a conflict, as some saw this as immoral as it would encourage underage sex whilst others felt that it was moral as underage sex would occur anyway, but this would help prevent unwanted pregnancies.

This shows that if such conflict can arise between law and morality, then the two cannot be viewed as equal. There are various theories on what the relationship of law and morals should be. The first theory is natural law, which is based on morality. This states that there is a higher law to which laws must conform and one should disregard an immoral law, unless doing so would lead to social unrest. Another theory is positivism, which holds a more scientific view of the law and states that if legislation has been correctly made it should be obeyed even if it is immoral.

Lord Devlin was a prominent judge and a supporter of natural law whereas the academic Professor Hart was a positivist. He believed that law and morals should be separate and the state should not intervene to restrict the freedom of individuals. Devlin, on the other hand, was strongly opposed to the report on a natural law approach. He felt that society had a certain moral standard, which the law had a duty to support, as society would disintegrate without a common morality and this morality should be protected by the law.

This highlights his beliefs that law and morality are inseparable and the law should in fact intervene in order to support morality. He added that what the law is and what it should be are different issues. Contrary to Bentham, Aristotle a 4th century Greek philosopher based his ideas on the laws of nature. Despite that this act was chosen, they were prosecuted and convictions were upheld based on public policy to defend the morality of society.

The law is therefore seen to attempt to uphold what it considers to be public morality, even if some may dispute the correctness of that moral code. This is a contrast to the case of R v Wilson, at her request the defendant branded his initials on his wife with a hot knife. The scars led to him being charged with ABH S The differing approaches in these cases clearly show that judges are letting their own moral values affect their judgements. The courts often find themselves at the centre of hugely difficult moral decisions involving life and death.

They are often forced to decide between individual rights and moral codes. Diane Pretty contracted motor neuron disease and was confined to a wheel chair. She required no treatment to keep her alive, but had great difficulty talking, eating and sleeping, law and morals essay.

She was concerned that her husband would be convicted of a serious criminal offence if he helped to end her life and sought the permission of the court for active euthanasia. The courts reluctantly refused her request. This relates to euthanasia which can be seen as both morally and legally wrong, law and morals essay, reinforcing the idea that certain views in ociety share the same moral and legal opinion.

This was allowed as it amounted to passive euthanasia which is legally acceptable. Society considers it wrong to take the life law and morals essay another human being and these two cases reflect this moral viewpoint. In the case of Re ALaw and morals essay twins who had their major organs conjoined were both at risk of dying.

However, separation of the twins would have led to the death of one of them. The parents were against the operation and wanted to put the girls fate in the hands of God. The courts however, intervened and decided the operation should go ahead; it was considered a successful operation law and morals essay one girl survived while her law and morals essay sister died. The influence of both Hart and Devlin has continued into more recent cases further fuelling the debate as to whether law should enforce moral values or not.

Hart has had influence on the infamous Sexual Offences Act as well as reforms in legislation such as the Obscene Publications Act and the Divorce Law Reform Act A substantial body of English law is based on moral rules: there is a close relationship between law and morals, as the law does uphold moral values: the existence of laws that serve to defend basic values, such as laws against murder, rape and fraud prove that the two can work together.

They both influence each other to a certain extent with the highly moral Ten Commandments being the basis for the UK legal systems most fundamentally important laws. On the other hand, alcohol or smoking restrictions do not reflect a moral code as they have no negative effect on other people. The extent to which law should be influenced by morality remains topical, as mentioned before with laws regarding same-sex marriage and euthanasia.

While it can be argued that a significant section of society has come to adopt the view taken by Professor Hart, there nevertheless remains a widely shared belief that weakening of the moral basis of the law is dangerous, law and morals essay. Law and Morality. Free Essays - PhDessay. com, Dec 02, Accessed May 31, comDec Introduction As a law student with a particular interest in family life, law and morals essay, there has always been a distinctive curiosity in our full rights as human beings.

It is clear. By Valbona H. Bajrami Table of contents Introduction Religion law and morals essay The word euthanasia is of Greek origin, which literally translates to mean "happy or good death. The Controversy of Euthanasia One of law and morals essay biggest and most controversial topics throughout society today is the act of euthanasia in humans. In the medical field, euthanasia is commonly known. We use cookies to give you the best experience possible.

PhD Essay Law Law and Morality. Related Essays Law and Morality Law and Morality. Hire verified expert. Sexual Orientation and Human Rights. Dying with Dignity Euthanasia. Life vs Death: Euthanasia. The Controversy of Euthanasia in Nowadays Society. Ethical Issues in Healthcare: Euthanasia. Similar Topics Property Law Declaration Rebuttal Law Enforcement Amendments Agreement Punishment Equality Intellectual Property Legalization Bill of Rights Law Assignment Piracy Contract Law Due Process Habeas Corpus Natural Law Police Court Crime.

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GENEALOGY OF MORALS - ESSAY 1

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Law vs. morality Essay - Words

 · Law and Morality Sir John Salmond described the law as ‘the body of principles recognised and applied by the state in the administration of justice’. They are a set of rules and boundaries that are established by authorities which must be obeyed, otherwise, a sanction may be given. Morals are beliefs, values and principles that are set by society or part of a society, determining what is right and blogger.comted Reading Time: 10 mins Info: words (12 pages) Law Essay. Published: 30th Jun Reference this. Jurisdiction (s): UK Law. This essay will look at the issue of the relationship between morality and the law. The emotive topic will then be illustrated by looking at whether voluntary euthanasia should be legalised in England blogger.com ️ Law and Morals, Essay Example from students accepted to Harvard, Stanford, and other elite schools