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Examine the debate as to whether the law should reflect moral values, and discuss issues which show the continuing importance of that debate.

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  • Essay length: 1764 words
  • Submitted: 07/04/2012
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AS and A Level Sources of Law

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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. (30+5 marks)

Morals are society's values and beliefs which distinguish from right and wrong. They are constantly changing to reflect society's attitudes ad current social circumstances. Morality can either be prescriptive or normative; which specifies what ought to be done and what is morally acceptable or unacceptable behaviour. This has mainly been influenced by religious beliefs which set the moral code of ones attitudes and beliefs. However, laws are a 'rule of a general norm mandating or guiding conduct,' state from Twining and Miers.

Law and moral rules are similar in that they guide social conduct and behaviour, but the main difference is that only rules with legal statuses lead to sanctions and remedies which courts will enforce.

Even though law develops from a shared morality, there are differences between the two. Morality develops over a long period of time, whilst the law can be introduced instantly. Morality cannot be changed deliberately; it is formed slowly, and changes

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