Y3 AN INTRODUCTION TO LAW

November 2016

RULES AND MORALS

Morality generally involves beliefs so may be affected by religion. We all have a moral code of
some kind which defines what we think is and is not acceptable behaviour. Morality can differ
from culture to culture and from individual to individual, although some behaviour is universally
unacceptable. Inevitably morality has an impact on law, particularly criminal law.

1. Write down some things that you think are morally wrong but which are not legally wrong.

Morals

Durkheim, a French sociologist, has identified that it is impossible to find a single set of moral
values that would be acceptable to all the members of a modern society. Certainly views would
vary widely on issues such as euthanasia, pornography, use of soft drugs, vivisection, and even
things like sex before marriage and body piercing can cause controversy. There appears to be a
number of core morals associated with life and death issues, but even then there is also
disagreement. While most people see any form of killing as wrong, there are vastly opposing
views on whether abortion is the taking of a human life or merely a woman exercising rights over
her own body. Where lesser considerations such as the concept of dishonestly are concerned
there are as many interpretations as there are individuals. Morals also clearly change and
develop. Views on homosexuality have altered dramatically since the trial of Oscar Wilde and now
the argument is more over whether or not gay couples should be able to legally parent children.

2. Do you know what euthanasia and vivisection are? IF not, look up those terms.
3. What types of killing are considered lawful under English/Italian law?

Rules

Rules have been defined as “a general norm mandating or guiding conduct”. So this could include
general guiding legal principles with no legal force such as rules in sport. It might also include
custom or practice and involve the disapproval of the community rather than any legal sanction if
such a rule is broken. It has been commented that rules should be distinguished from habit or
practice. He suggests that the defining characteristic of a rule is its enforceability. Rules are
generally obeyed for one of three reasons:

 because of a sense of moral obligation

 because the rule is reasonable and relevant
 because a penalty may be imposed if the rule is broken

The last one explains why people obey rules that they disagree with such as when compulsory seat
belt wearing was introduced.

A norm is a standard practice.

4. Try to think of a legal rule that you consider immoral, a legal rule that you consider
unreasonable or irrelevant, and a law that you might be prepared to break despite the fact
that it may result in a penalty.
Y3 AN INTRODUCTION TO LAW
November 2016

Law and morality

Law and morality are both normative. In other words they both specify how people should
behave. Moral viewpoints can clearly have an enormous influence on the making of laws, and
some people would argue that the criminal law represents a common moral position.

Major moral positions are clearly represented in law, e.g. in serious crime such as murder, rape,
robbery, etc. In other areas the law may appear to be based on moral positions but ones not
accepted by everyone. An obvious example of this is the legalization of abortion under the
Abortion Act 1967 (UK), the morality of which is contested by many groups such as LIFE and the
Association of Lawyers for the Defence of the Unborn (Italian law = legge 194/78). Doctors have
been prosecuted for openly practising euthanasia but withdrawing feeding so that a patient in a
permanent vegetative state would die was accepted in the English case Airedale NHS Trust v Bland
(1993).

The difference between law and morality

Even though the law develops from a shared morality there are significant differences between
the two:
 Morality develops over time while law can be introduced instantly
 Morality depends on voluntary codes of conduct whereas law is enforceable and many
morals may, in any case, be difficult to enforce if not unfair.

Homework – to be handed in

Explain the distinction between legal rules and moral rules. Think about what legal rules are and
how they are developed and made and compare that to morals and how they developed.
Examine the differences of what happens if you break a moral code compared to laws and to
whom the laws and moral apply.