Law & Morality Essay
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. (30marks + 5 for AO3)
A definition of law adapted from LB Curzon, Dictionary of Law states “ the law is a set of rules which are binding among the people of a community or a state, so that they will be imposed upon and enforced among those persons by appropriate sanctions”. The definition of morals given by Elliott and Quinn, Law for AQA state that “morals are beliefs and values which are shared by society, or a section of society; they tell those who share them what is right or wrong”.
There are many similarities and differences between law and morality. The similarities being: both are prescriptive and state what should and shouldn’t be done, both have sanctions in place if not followed, and both put pressure on individuals to adhere to them. However they are different in certain aspects: the source of each is different. Laws are made in parliament, whereas morals are shaped by many different factors. Individuals are able to choose their morals but the law binds everybody.
There are some circumstances where there is overlap between law and morals. An example includes prostitution, and religion. Lord Atikin’s neighbor principle is strong way to highlight this overlap. The majority of both laws and morals are based on the dominant religion of Christianity. The neighbor principle is to “avoid any act or omission that affects your neighbor. Your neighbor being anyone who is affected by your act or omission” This supports the idea of “Love thy neighbor” from the Bible.
However there is not always a connection between law and morality, for example not all strict liability offences need a moralistic view: this being parking on a double yellow line. This can be seen as a rule that everyone must follow, that doesn’t lead to different beliefs
A definition of law adapted from LB Curzon, Dictionary of Law states “ the law is a set of rules which are binding among the people of a community or a state, so that they will be imposed upon and enforced among those persons by appropriate sanctions”. The definition of morals given by Elliott and Quinn, Law for AQA state that “morals are beliefs and values which are shared by society, or a section of society; they tell those who share them what is right or wrong”.
There are many similarities and differences between law and morality. The similarities being: both are prescriptive and state what should and shouldn’t be done, both have sanctions in place if not followed, and both put pressure on individuals to adhere to them. However they are different in certain aspects: the source of each is different. Laws are made in parliament, whereas morals are shaped by many different factors. Individuals are able to choose their morals but the law binds everybody.
There are some circumstances where there is overlap between law and morals. An example includes prostitution, and religion. Lord Atikin’s neighbor principle is strong way to highlight this overlap. The majority of both laws and morals are based on the dominant religion of Christianity. The neighbor principle is to “avoid any act or omission that affects your neighbor. Your neighbor being anyone who is affected by your act or omission” This supports the idea of “Love thy neighbor” from the Bible.
However there is not always a connection between law and morality, for example not all strict liability offences need a moralistic view: this being parking on a double yellow line. This can be seen as a rule that everyone must follow, that doesn’t lead to different beliefs