Criminal laws are set of rules set by the authority to set control in society. Whereas, moralities are principles and values that are set out by society to establish right from wrong and good from bad. Different cultures, age groups and sex in society have different beliefs, attitudes and values as Jock Young has pointed out. What one may view as moral others may view immoral. As society develops, people’s views change and the way they react to certain ideas such as manner offences (littering). The definition of ‘morality’ has changed over time and will have different meaning for diverse cultures. One of the other reasons why law should not enforce moral ideas, are different concepts in society on the ways in which they view moral. There is a case that challenges the idea of morality, where a husband raped his wife (Regina v R). In 1736 Chief Justice Hale had argued “the husband cannot be guilty of rape committed by himself upon his lawful wife”. On the other hand, this was a time when the law based the Christianity law and the Kings words rather than a public matters/opinions. This case has challenged the moral views of the 18th century society. Some saw this case as unlawful because they believed that the wife is the husband’s property and he has every right to do anything he wants to do her, whilst other...
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...rgue that Wolfenden’s report was seen erratic as he accepted an idea that was considered as sin and unlawful by society. There are certain ideologies which society bounds to see it as immoral and homosexuality is one of them.
The criminal law is mostly interested in the protection of the public while, making sure that they do not harm themselves as well as harming others. Over time the law changes to adequate it self with the changes society. There are many new laws introduced every 5years. Among those is this new law that has been introduced in mid-July 2008, where it would make it a felony for a parent or legal guardian not to report a missing child. Judges will use this law when they are judging a similar case in the future. There’s always a new law and new an offence that did not exist ten years ago and has now became criminal offence such offensive behaviour.
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