Law and Morality (AQA A-Level Law): Flashcards

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Law and Morality
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Laws - objective or subjective?

Objective, enforced by state with formal sanctions

Morals - objective or subjective?

Subjective personal codes, enforced by social condemnation

What is a pluralist society?

Society with multiple cultures, races, religions, beliefs

Positivism view on law and morality

Laws and morals should be kept separate

Natural law theory view

Law should enforce moral values

Lord Devlin: law sets what standards?

Minimum standards, not maximum

Mill's harm principle

State can only interfere to prevent harm to others

R v Brown (1993) - positivism or natural law?

Natural law - consent cannot make immoral acts lawful

R v Wilson (1996) - positivism or natural law?

Positivism - privacy in consensual marital conduct respected

Wolfenden Report 1957 conclusion

Private morality is not the law's business

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