Legal Enforcement of Moral Values (OCR A-Level Law): Flashcards

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Legal enforcement of moral values
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Positivism view on law & morals

Laws and morals should be kept separate

Natural law theory view

Law should be used to enforce moral values

Mill's harm principle

Power exercised only to prevent harm to others

H.L.A. Hart on moral enforcement

Laws which merely enforce morals should cease to exist

Pluralist society definition

People hold many different moral, religious & cultural views

Lord Devlin on crime & sin

Error of jurisprudence to separate crime from sin

R v Brown (1993) outcome

Consensual sadomasochism still criminal; pain is evil

R v Wilson (1996) key principle

Consensual activity in matrimonial home not criminal matter

Wolfenden Report (1957) conclusion

Realm of private morality not the law's business

Lord Devlin on legal standards

Law sets minimum not maximum standards of behaviour

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