Explain The Meaning Of Law And Morality Essay

Explain The Meaning Of Law And Morality Essay

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Explain the meaning of law and morality. Discuss whether the law does and should seek to uphold moral principles.
The law is by all accounts is recognised as being indisputable fact, uncontestably some might say while morals can be argued either way. Just in the same way laws can be changed instantly but morals evolve and come to change over time. Finally Morals are enforced by social and domestic pressure such as that of religion. There are some instances when the law is heavily influenced by morals of the time and what society sees as correct and other laws where not a trace can be found.
When discussing the law and morals there is an age old argument of which came first? Was it laws that were influenced by morals, or morals that were transformed into laws? For theorists like Hart who believe that morality and laws are distinctly separate. We should have laws that govern are behaviour and we have morals which are what some think should not guide how we live our lives. Devlin on the other hand is a natural law theorists who believes that a law is not valid or should be respected unless it is verified by a higher being. If it doesn’t conform to what god deems is right then a law is not worth obeying in his eyes. The debate centres around the Wolfden Committee report 1957, which laid out the decriminalising of prostitution and homosexuality. Hart argues that we should not be constrained by the views of some on the premise, that if no one is being hurt in the process, then applying this to the issues in hand as long as no one is being forced to do something against their will. Then there should be no reason why not to legalise it. Whilst Devlin who was devoutly religious believed that these activates went against gods wishes and the...


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...be controlled by the law or they should have influence over what the law says is not always clear. Although undoubtedly religion has decreased and its hold on the views of society and what is moral have declined. Especially In regard to issues such as homosexuality and abortion. I think however it is important to respect everyone’s views and let everyone have a say on issues in hand including religious group. Just as those who like hart see the law and morality as being separate have a view. On issues such as euthanasia I think it is inevitable that eventually some assisted suicide will be made legal which In my view is a good thing, to me it seems morally wrong to keep someone who is experiencing such a bad quality of life alive and to me it’s beyond ridiculous that if they are of sound mind and wish to end their life to put themselves out of pain that we stop them.

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