Law and morality are closely connected because moral values can influence the creation and development of laws, while laws can also influence people's behaviour and attitudes. Parliament may respond to changing moral views by introducing new legislation, while courts can consider moral principles when developing the common law. At the same time, laws can establish standards of behaviour and encourage changes in social attitudes. Understanding this relationship is important for A-Level Law students because it helps explain why laws change over time and why there is ongoing debate about how closely the law should reflect society's moral values.
This topic appears in:
- AQA A-Level Law | Component 1: The Nature of Law and the English Legal System | Topic 3: Law and Morality
- OCR A-Level Law | Component 3: The Nature of Law and Human Rights | Component 4: The Nature of Law and the Law of Contract | Topic 2: Law and Morality
Definitions
- Law: A set of rules created and recognised by the state to regulate behaviour and enforce standards through the legal system.
- Morality: Principles and beliefs about what is right and wrong.
- Legal Reform: The process of changing existing laws or introducing new laws to reflect changing needs, values or circumstances.
- Social Attitudes: The views and beliefs held by individuals or groups within society about particular issues or behaviours.
- Moral Influence: The effect that moral beliefs and values can have on the creation, interpretation and development of law.
Key Features
Morality Influencing Law
Moral values can influence the creation and development of law. Parliament may introduce or amend legislation in response to changing attitudes within society, while judges may consider moral principles when developing the common law. For example, the Sexual Offences Act 1967 partially decriminalised homosexual acts between men in private, reflecting changing social attitudes towards homosexuality. This demonstrates how changes in moral values can contribute to legal reform.
Law Influencing Morality
The relationship also works in the opposite direction because law can influence moral attitudes and behaviour. By creating legal standards and imposing sanctions, the law can discourage behaviour considered harmful or unacceptable. Over time, laws can also contribute to changes in social attitudes by establishing new standards of acceptable behaviour. For example, legal recognition and protection of certain rights can contribute to wider acceptance of behaviours or relationships that were previously viewed negatively.
Changing Morality and the Law
Moral values are not fixed and can change as society develops. A law that reflects widely accepted moral views at one point in time may later be considered outdated as attitudes change. The Sexual Offences Act 1967 demonstrates this process because the partial decriminalisation of homosexual acts followed significant changes in attitudes towards homosexuality. This creates a challenge for Parliament and the courts because the law must balance established moral standards with changing attitudes, individual freedom and the rights of minority groups.
Evaluation
Advantages
- Reflects Social Values: Allowing morality to influence law can ensure that legal rules reflect the values and expectations of society, making laws more likely to be accepted and respected.
- Encourages Social Change: Law can influence attitudes by establishing new standards of behaviour and protecting individuals from discrimination or harmful conduct.
- Allows Legal Reform: The relationship allows laws to develop as moral attitudes change, preventing the legal system from remaining permanently based on outdated social values.
Disadvantages
- Majority Values May Dominate: If law closely follows the moral views of the majority, minority groups may have their freedoms restricted by values they do not share.
- Moral Values Change: Because moral attitudes change over time, laws based heavily on contemporary morality can become outdated and may require reform.
- Individual Freedom May Be Restricted: Using morality as a basis for law-making can lead to unnecessary interference with private behaviour and individual autonomy, particularly where there is no clear harm to others.
Summary
- Law and morality influence each other, with moral values affecting law and laws influencing social attitudes.
- Parliament can respond to changing moral values through legal reform.
- The Sexual Offences Act 1967 demonstrates how changing attitudes can contribute to changes in the law.
- Law can influence morality by establishing standards of behaviour and shaping social attitudes.
- The relationship creates a balance between reflecting social values, protecting individual freedom and responding to changing morality.
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