Explain the Difference Between Law and Morals

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Explain the difference between law and morals. Consider the extent to which law does and should enforce morals. Dame Mary Warnock, the academic who was a philosophy don at Oxford for many years, chaired the government commission, known as the Warnock committee, which was set up to look into some of the ethical and moral issues surrounding in vitro fertilisation, including the use of embryos in medical research. Many of the findings of the report were included in the Human Fertilisation and Embryology Act 1990. In recognising the difficulties that surrounded issues concerning the interrelationship of law and morals, she wrote: “I do not believe there is a neat way of marking off moral issues from all others; some people, at some time, may regard things as a matter of moral right and moral wrong, which at another time or in another place are thought to be matters of taste, or of no importance at all.” This key element highlighted by Lady Warnock, that morality is not fixed, does create difficulties for those who want law to reflect morality: first, however, we need to examine some of the similarities and differences between law and morals. Morals are beliefs and values, a body of rules which governs a group’s behaviour, and as such they can be seen as sharing some characteristics of the law. Both law and morals are normative; they specify what course of action ought to be followed, and both tend to result in sanctions if the recommended course of conduct is not followed. If a law is broken, there is usually a penalty of some sort, whether financial, or loss of liberty, which is enforced by the courts. If the transgression is only of a moral code, then the disapproval of society may be strong enough to act both as a deterrent to others, and a punishment to the offender. At the same time, there are well known examples of illegal behaviour, such as parking
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