With close reference to the cases of Shaw v DPP and Knuller v DPP , Show how the law relates to morals and religion.

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With close reference to the cases of Shaw  v  DPP and  Knuller v DPP , Show how the law relates to morals and religion.

What is the relation of law to morality?  Law’s relation to morality has been debated ever since jurisprudence itself came to be and it seems as though it is destined to remain as one of the great philosophical debates. They are mutually engaged along a course that winds through a political society’s life. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society. They influence each other to a great extent. Laws, to be effective, must represent the moral ideas of the people. But good laws sometimes serve to rouse the moral conscience of the people and create and maintain such conditions as may encourage the growth of morality.

However, it is said that not because something is immoral that makes it illegal, example: pre-marital sex, neglecting your family and adultery are just a few. Sometimes morality can influence the law in the sense that it can provide the reason for making whole groups of immoral actions illegal. With regards to this, in the case of Shaw v DPP (1962), Lord Diplock said “Shaw’s act of publishing advertisements for prostitutes soliciting fornication tended to corrupt public morals. Therefore Shaw’s agreement to do that act was a crime at common law”. The Court of Appeal upheld a conviction against Shaw on the charge of “conspiracy to corrupt public morals”. Similarly, in the case Knuller v DPP (1972) , the House of Lords held that while the offence of “conspiracy to outrage public decency” was unknown to the law, the Appellants by their actions were nevertheless guilty of behaviour that could be deemed an offence known to English law, that is, “conspiracy to corrupt public morals”. In these cases, it can be seen that the English and hence the Commonwealth Caribbean morality is founded upon Christian belief.

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It follows that there are a few distinctions between law and morality. Firstly, laws regulate external human conduct whereas morality mainly regulates internal conduct. Secondly, laws are universal; morality is variable. Thirdly, laws are definite and precise while morality is variable. Fourthly, laws are upheld by the coercive power of the state; morality simply enjoys the support of public opinion or individual conscience. Fifthly, laws are studied under Jurisprudence while morality is studied under Ethics.

How really is law and religion connected? The religion of the European colonizers was and still continues to be Christianity, which is said to have ...

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Starts off well, particularly the second paragraph. But then quickly loses pace. Other issues that might have been addressed include: the principles of Natural Law Theory, Positivism (an example is provided in this essay - do not kill) and Legal Realism; euthanasia-type issues; the cases of Brown, Wilson and Donovan etc. Overall, this essay suffers from a lack of structure and argument.