Law and Morality

1526 Words7 Pages
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 that show the continuing importance of that debate. (30 marks + 5 marks AO3) Sir John Salmond defines ‘laws’ as “the body of principles recognised and applied by the state in the administration of justice”. A law can be described as regulations established in a community to be applied to its people, where those who do not obey could face a criminal penalty that may affect their liberty. Alternatively, morals are typically a set of values and beliefs that shape and influence a persons decisions and behaviour. An individual’s own set of private morals often develop through the social pressures and influences around them, for example religion, culture, and peers. Public morality is the set of values that may be common in society and express what we ought to do, but not necessarily what we must do. Realists believe that individuals have a pre-existing set of morals which their moral case is built and developed on. However, Relativist philosophers believe that morals change and evolve over time and between cultures; i.e in the 18th century it was not necessarily seen as immoral to rape or beat your wife, whereas it certainly is now. There are multiple differences between law and morality; one main one is that laws can be amended instantaneously by the state whereas morals only evolve and change over a long period of time. Another obvious difference is that laws must be obeyed and are enforced through the courts but morals are more voluntary and are often put in place through social pressures and self awareness. Additionally, legal rules are written in a legal book or law reports, for example the ‘All England Law Reports’, to enable them to be enforced; however, moral rules, although
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