• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discuss the nature of legal and moral rules , and consider whether the law does and should reflect moral rules

Extracts from this document...

Introduction

Discuss the nature of legal and moral rules. Consider whether the law does and should reflect moral rules. ( AQA A2 UNIT 6 - LAW AND MORALS ) A rule was defined by Twining and Miers as a general norm mandating conduct. For a legal rule, the breaking of rules will result in a punishment, such as a fine, prison or a criminal record. Legal rules are there to keep society in order. Moral rules, however, are sometimes not deliberately made, and are within the individual due to beliefs they have, or due to the fact they would feel guilty if they participated in the breaking of the rule. Sometimes moral rules come from religion. For example, Muslims can only eat meat if it Halal meat. Therefore, Muslim children will grow up with the idea that it is wrong to eat any other meat. Moral rules, if broken, have no punishment apart from the person's guilt. ...read more.

Middle

One example is the diversity of opinions on abortion. The Abortion Act 1967 made it legal for women to abort their unborn babies. Although it may be legal, many people disagree with abortion; this is therefore an example of when law conflicts with morals, as it is only upholding some of the countries morals. An example where most of the nation would agree to the law due to their own morals are the offences set down in the offences against the person's act 1861, and the laws on murder. However, the law doesn't reflect morals in some cases. One example is adultery. The Ten Commandments rule that adultery should not be committed, and most people would agree, but there is no law in the UK against committing adultery anymore. Another way in which law reflects morals is the law on euthanasia. A lot of people believe euthanasia is wrong, as everyone has a right to live. ...read more.

Conclusion

However, in R v Brown, some homosexual sadomasochists caused injury to each other's genitals, but all had consented to this injury. This wasn't held to be acceptable, as the law on assault had been breached. Devlin would agree with this decision, as he stated that judges should still preserve common morality. Others in society would not have agreed with the actions in the case of Brown, which shows Devlins argument. From this discussion we can see that there is a diversity of morals through the UK, and the law reflects some of these morals, for example the moral of not killing is reflected with murder; but not others, for example , adultery and abortion are not crimes, but most people would see these as wrong. We can also see that there are two sides to the argument of whether law should reflect morality or whether it should be a separate thing, AND Professor Hart and Professor Devlin both have valid points. Different individuals will agree with different points of view. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Law and Morality. Within the justice system there is a genuine relationship between law ...

    These recommendations had been later legislated, prostitution was allowed as the 'harm' was only between two consenting individuals, but what the law does not allow soliciting immoral earnings. The age of consent for homosexuals to have sex also dropped to 16 - the same as heterosexuals.

  2. Discuss the meaning of 'justice'. Consider the extent to which justice is achieved in ...

    To each equally - all people receive the same. Perelman subscribed to the theory of formal justice. He believed that once the type of justice a society subscribed to could be identified, then all individuals should be treated in the same way.

  1. Free essay

    Examine the relationship between law and morals. Consider the extent to which the law ...

    may try and persuade or even rebuke people that don't follow 'the trend', possible resulting in complete social breakdown. Morality differs from person to person, from one social group to another and changes with time. For example attitudes towards single parents used to be very negative whereas nowadays it seems commonplace.

  2. Conditional Fee Arrangements and Legal Aid

    was never available for defamation; disputes arising in the course of a business as business traders can insure against the cost of having to bring or defend a legal action; and matters concerning the law relating to companies, partnerships, trusts or boundary disputes, trusts are a way of holding a

  1. Law and Morals

    It was held that if a teenage girl was of sufficient intelligence then advice and contraception could be given. This shows that the law is not upholding the morals expressed by the mother in this case, but the point can be made that the law concerning sexual matters was introduced

  2. Law and Morals

    Aquinas saw it coming from God while Aristotle believed it came from nature. John Mill's theory of utilitarism which proposed that the moral action was the one that produced good for the many even if it was at the expense of the one.

  1. A rule as to precedent (which any court lays down for itself) is not ...

    Although apparently solved, the matter arose again, albeit in a quite different manner, in R v James. By the 'practices' of precedent, COA are not to take Privy Council precedent as authoriatative, but merely persuasive. And in times of conflict between HOL decision and Privy decision, COA is plainly, obviously, supposed to choose HOL decision.

  2. Arguing in Favour of the Death Penalty

    It is now much more difficult for the state to seek the death penalty. Society seems to have the need to ?think about? whether or not the death penalty should be sought. Determining whether or not a mother who has drowned all of her children or a man who has

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work