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Law and Morality

Law and morals: legal theory, pluralism and the Devlin-Hart debate

  • 3 things to know
  • Components 3 and 4

Overview

Recall questions on defining morality, how law and morals differ in function and enforcement, conduct that is immoral, illegal or both, pluralism, legal positivism and natural law, the Devlin-Hart debate and the Wolfenden Report, and areas where morality and law have clashed in the courts.

What you need to know

Answer each one before you reveal it.

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Key term

How do legal and moral rules differ?

Evaluation

Should the law enforce a shared morality?

Key term

What is morality?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is morality?

    Model answer

    Morality refers to beliefs and values about right and wrong conduct that guide behaviour, often based on conscience, religion, or social consensus.

  2. 2

    In what way does law differ from morality regarding what each concerns and how each is enforced?

    Model answer

    Law concerns external conduct and is enforced by state institutions, while morality concerns internal conscience and is enforced by social disapproval or personal guilt.

  3. 3

    How does the function of morals differ from the function of law in regulating behaviour?

    Model answer

    Morals regulate behaviour through internal conscience and social pressure, while law regulates behaviour through enforceable rules backed by state sanctions.

  4. 4

    Give an example of conduct that is both immoral and illegal.

    Model answer

    Murder.

  5. 5

    Give an example of conduct that is illegal but not necessarily immoral.

    Model answer

    Parking offences.

  6. 6

    Give an example of conduct that is immoral but not illegal in England.

    Model answer

    Adultery.

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