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Law, Morality, and Cannibalism - law in action notes

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Law, Morality, and Cannibalism - law in action notes

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  • June 9, 2024
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  • 2019/2020
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Tuesday, 12 November 2019

Law, Morality, and Cannibalism

Law in Action

Morality:

- Code of beliefs, principles and values
- Religious or non-religious in origin
- Re ects the broader, underlying values of a society at a given point in time
- (universal morality?)

Law:

- Series of binding rules, supported by o cial sanctions
- Requires a high degree of certainty to be e ective and enforceable
- Consciously changed though the AofP of decisions of the court

- Overlap between Law and Morality: 2/10 commandments are against the law - all morally
wrong.


Legal Theory: Natural Law

- Law is derived from God/Nature
- Certain universal values that Man should not deviate from
- Problem: what is man legislates contrary to Natural Law? - theorists = that’s why there’s a
problem with law and society - why society breaks down.


Legal Theory: Legal Positivism

- Law in Man-made
- Re ects the values important to a given society at a given point in time
- Problem: what if we pass laws which are morally abhorrent? (e.g. Nuremburg Race Laws,
Apartheid.)

- Not God given set of laws but man made - there is still fundamental values

Interaction of Law and Morality in English and Welsh Law:

- Law previously sanctioned behaviour society generally saw as ‘immoral’ (e.g. Murder, abortion,
homosexuality)

- All decriminalised to various degrees during the 1960’s
- Suicide Act (1961), Abortion Act (1967), Sexual O ences Act (1967)

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