LAW04. Law and Morals. The Concepts of Law

Save this PDF as:
Size: px
Start display at page:

Download "LAW04. Law and Morals. The Concepts of Law"

Transcription

1 LAW04 Law and Morals The Concepts of Law

2 What is a rule? 'Rules' exist in many contexts. Not just legal rules or moral rules but many different forms of rules in many different situations. The academic writers Twinings and Miers defined a rule as a 'general norm mandating or guiding conduct'. So, a rule simply determines the way we behave... whether that is because we voluntary follow them (morals) or whether it is because we are 'forced' to follow them (laws).

3 Many rules are neither morally binding or legally enforceable and yet are followed anyway. However, the academic writer Hart believed that the defining characteristic of a rule is enforceability.

4 Rules are generally obeyed for one of three reasons: 1) Rules carry with them a sense of moral obligation. This can be seen in relation to many crimes. Most crimes are seen as morally unacceptable behaviour and also reflect many religious moral codes... for example, The Ten Commandments.

5

6 So, should the law be the ultimate guardians of our morals? In the case of Shaw v DPP (1962) the judges believed that it was their duty to act against immoral behaviour. This then seems to suggest that there should be a very close relationship between the law and morals.

7 2) The rule is followed because it is relevant and reasonable. Parliamentary law (Acts of Parliament) is supreme but even this will eventually be abandoned if it is seen as irrelevant or unfair The introduction and subsequent abandonment of the poll tax in the Local Government Finance Act 1988 is a prime example of this. The demonstrations and eventual riot against the poll tax highlighted the unreasonableness of the law. The idea that the law must be 'reasonable' is surely a moral idea... again, suggesting a close relationship between the law and morality.

8 3) Rules are followed because a penalty may be imposed. This is why people follow rules and laws that they do not necessarily agree with.

9 The basic nature of morals. The moral values of society or a community tend to lay down a framework for how people should behave. But concepts of morality differ from culture to culture despite all cultures generally agreeing on and outlawing extreme behaviour such as murder and rape. We all share a moral code that will differ from person to person depending on what we think is acceptable or unacceptable behaviour.

10 The Morality Game. Do you think it is moral to do the following? 1) Is it morally acceptable to murder? 2) Is it morally acceptable to steal? 3) Is it morally acceptable for same sex couples to marry? 4) Is it morally acceptable to have an abortion? 5) Is it morally acceptable to take illegal drugs? 6) Is euthanasia morally acceptable?

11 So, morality will differ from individual to individual. What affect will that have on the law of a country? The law of a country will generally reflect the morality of the majority of the population but the law is now less likely to reflect a common religious moral code.

12 This move away from a religious moral code can be seen when considering adultery. It is against the traditional religious moral code of Christianity to commit adultery and yet it is not illegal in England and Wales. The law shows its disapproval of adultery by allowing it as a reason for divorce. The moral opinion that adultery is wrong is shared by the community and yet it is not against the law. Is this starting to suggest that law and morality are separate concepts and should not influence one another?

13 Since the 1960s England and Wales has seen a move away from traditional religious beliefs being reflected in the law. Both abortion and homosexuality were legalised in 1967 for example. However, the law is quick to recognise that just because certain moral viewpoints may not be reflected in the law this does not make the moral belief wrong.

14 Gillick v West Norfolk and Wisbech AHA (1986) Mrs Gillick was a staunch Roman Catholic who was against her local health authority giving free contraceptive advice to girls under 16. the HL found in favour of the health authority (on a majority of 3:2). The HL stated that this did not make Gillick's moral belief wrong, they simply had to choose which was the most appropriate moral stance to approve of.

15 Another religious moral belief is that human life is sacred and under English law euthanasia is still unacceptable... although there does appear to be evidence of a shift in moral attitudes towards euthanasia. In the cases of Arthur (1981) and Cox (1992) doctors did show a moral acceptance of the need for euthanasia in cases where terminally ill patients are suffering.

16 R (on the application of Pretty) v DPP (2001) Mrs Pretty applied to the courts for a judicial declaration so that if her husband helped her to commit suicide he would not be prosecuted. The HL refused.

17 A more limited/passive form of 'euthanasia' is legally accepted in England and Wales and that is the removal of life support systems, as ruled in Airdale NHS Trust v Bland (1993). Some groups believe that is also immoral however as it denies the sanctity of life.

18 Contemporary examples of euthanasia and the moral shift in opinion can be seen in the cases of Tony Nicklinson and Paul Lamb. Both these men are (our have in Nicklinson's case) fighting for the right for a doctor to be legally allowed to end their lives when the time is right.

19 Diversity of moral views. Perhaps one of the biggest problems surrounding whether the law should uphold moral values is that whilst people do share moral values there are many that differ. French sociologist, Durkheim, suggested that it was almost impossible to find a single set of moral values that would be acceptable to everyone.

20 Even when a particular moral code is generally accepted by everyone there can also be disagreement as to its finer points. It is generally accepted that any kind of killing is wrong and yet there are strong, opposing moral views on whether abortion is the taking of a human life or a woman exercising rights over her own body.

21 This differing moral attitude can also be seen in the abortion law of different countries. In England the abortion law acts a kind of defence for doctors who carry out the abortion as long as certain conditions are met. For example, the pregnancy is more damaging to the woman than a termination would be. In the USA, following a case called Roe v Wade (1973), an abortion is the constitutional right of all women as declared by the Supreme Court.

22 Differences between law and morality. So, despite the fact that the law does reflect morality and that some law even develops from morality there are some significant differences between the two. 1) Morality develops over a long period of time... whereas law can be introduced or changed instantly. Morality cannot be deliberately changed, it evolves slowly over time and changes with the will of the people. Law can be altered deliberately. Illegal behaviour can be decriminalised over night and vice versa.

23 2) Morality depends on voluntary codes of conduct... whereas law is more officially enforceable. Breaches of moral codes carry no official sanction or punishment. Morality relies on an individual's own sense of guilt and shame for enforceability. Law however, makes certain behaviour obligatory with sanctions and punishment.

24 3) Breaches in moral rules are not subject to formal adjudication but the law is ruled over by a formal legal system (the courts).

25 The relationship between law and morals. Law and morality are both normative. This means they both dictate the way people are expected to behave. Law appears to be based on moral positions but these moral positions are not necessarily accepted by everyone, as previous evidence has shown. So, how closely should law and morality influence one another?

26 Firstly, it is relatively easy to find examples of how changes in morality have eventually led to changes in the law. In the case of R v R (1991) the HL made rape in marriage illegal. The moral viewpoint that it was wrong for a husband to be able to rape his wife had been generally accepted by society a long time before This is an example of a law change being, eventually, changed as a result of the influence of moral change and so demonstrates a close relationship between law and morals.

27 But, can a law change lead to a moral change? In "The Legislation of Morality" sociologist Troy Duster examined drug use in America in the late 19th/early 20th centuries. Before The Harrison Act 1914, which began to control the distribution of opiates and narcotics, drug use was primarily connected to the upper middle classes who could afford to buy and use these drugs. As a result there was no real social stigma or bad moral opinion attached to drug use.

28 The tighter controls introduced by the Harrison Act did not make the demands for the drugs to decrease. Drug users therefore had to buy their drugs from drug dealers and the use of drugs began to become associated with the working/criminal classes. A social stigma therefore started to develop and the moral opinion towards drug use changed. This is an example of a law change influencing a moral change... and again, is another example of a close relationship between law and morality.

29 Natural law and Positivism. Natural lawyers believe that law and morality are closely connected. They believe in a 'higher law' or a 'divine law' that is superior to all man-made law. If law does not reflect this 'higher law' and is not in itself 'moral', then it has no authority and can be ignored.

30 St. Thomas Aquinas believed that this 'higher law' came from God and any law without moral content was a "perversion of law". It follows from this that Aquinas believed that if a law was not a true law then we need not obey it. Law and morality then should coincide and reflect each other exactly. Thus, again, demonstrating that they are not separate concepts and should have a very close relationship.

31 Positivism, however, is the opposite. Positivism emphasises the separation of law and morality into 2 separate concepts. Whether a law is moral or not positivists believe that it must be obeyed until the legislature (law making body) changes it. Therefore, it does not matter if a law sanctions something that is immoral or governs something that people do not agree with.

32 Jeremy Bentham proposed the Utilitarian principle that law should create "the greatest happiness for the greatest number of people". Therefore, it is immaterial if some people disagree with a law on moral grounds as long as the majority do agree. Bentham's pupil, Austin, stated that law was the command of the sovereign (Parliament) backed by the threat of punishment. Therefore it does not matter whether a law is moral or not it must be followed. Hans Kelsen went so far as to state that there is no necessary connection between law and morals, and that the law does not need moral validation in order to be legitimate.

33 Legal realism. The positivists ascertain that laws are just rules that need to be followed which is not an idea shared by legal realists. Oliver Wendell Holmes, who wrote 'The Common Law' in 1923 suggests that if this was the case there would be no need for lawyers or court proceedings. If there was no moral attachment to laws at all then the discretionary powers of judges when it came to sentencing for example, would not be needed. Aggravating and mitigating factors could be described as moral factors that make a punishment better or worse for a defendant based on their good or bad behaviour. So, there must be a link or relationship between the two concepts.

34 The Hart/Devlin debate. In 1957 the Wolfenden Committee was asked to examine a range of moral issues. The committee recommended the legalisation of both prostitution and homosexuality, and this caused great controversy as a result.

35 Professor Hart approved of the recommendations and argued that law and morality were separate concepts. To him morality was simply a matter of purely private judgement and that the state had no right to interfere in private morality. He also believed it was wrong to punish people who had not harmed others (homosexuality). But he also argued that society could not exist without a form of morality that mirrors the legal rules.

36 Lord Devlin felt that society required the observance of certain moral principles... and, even if public opinion surrounding these principles changed, the law should still uphold them. He believed that judges had the right to protect and preserve some sort of common morality. This was shown in the case of...

37 Shaw v DPP (1962) The D published the "Ladies Directory", which was a list of prostitutes with photographs and information on the kinds of sexual activity that they would participate in. The D was convicted of conspiracy to corrupt public morals. The judges invented this crime in order to uphold the morality of the country. They believed their job was to be society's moral guardians.

38 Despite changes to public morality and certain types of behaviour becoming more acceptable there are still many examples of cases that are decided with a more Devlin way of thinking...

39 Brown (1993) A group of consensual sado-masochistic homosexuals were jailed as the HL ruled that their behaviour was a breach of the criminal law. The HL were imposing a certain standard of acceptable behaviour on society. This case, however, is contradicted slightly by...

40 Wilson (1997) Here the CA accepted that a man branding his initials on to his wife's buttocks would not lead to a criminal conviction because his wife had consented. The court believed that this was a private matter between a husband and wife that the law could not interfere with.

41 How different are the circumstances in Wilson to those in Brown? It would be interesting to see if a situation like Brown would have the same outcome nowadays between homosexual men in a civil partnership or marriage.

Briefing Paper. Modern Jurisprudence Dworkin s Deadly Attack on Legal Positivism. November 2012

Briefing Paper. Modern Jurisprudence Dworkin s Deadly Attack on Legal Positivism. November 2012 Briefing Paper Modern Jurisprudence Dworkin s Deadly Attack on Legal Positivism November 2012 Introduction This paper will explore whether Dworkin (Professor of Jurisprudence at University of Oxford) has

More information

Does law have to be effective in order for it to be valid?

Does law have to be effective in order for it to be valid? University of Birmingham Birmingham Law School Jurisprudence 2007-08 Assessed Essay (Second Round) Does law have to be effective in order for it to be valid? It is important to consider the terms valid

More information

Louisiana Law Review. Cheney C. Joseph Jr. Louisiana State University Law Center. Volume 35 Number 5 Special Issue Repository Citation

Louisiana Law Review. Cheney C. Joseph Jr. Louisiana State University Law Center. Volume 35 Number 5 Special Issue Repository Citation Louisiana Law Review Volume 35 Number 5 Special Issue 1975 ON GUILT, RESPONSIBILITY AND PUNISHMENT. By Alf Ross. Translated from Danish by Alastair Hannay and Thomas E. Sheahan. London, Stevens and Sons

More information

Law and Authority. An unjust law is not a law

Law and Authority. An unjust law is not a law Law and Authority An unjust law is not a law The statement an unjust law is not a law is often treated as a summary of how natural law theorists approach the question of whether a law is valid or not.

More information

PROFESSOR HARTS CONCEPT OF LAW SUBAS H. MAHTO LEGAL THEORY F.Y.LLM

PROFESSOR HARTS CONCEPT OF LAW SUBAS H. MAHTO LEGAL THEORY F.Y.LLM PROFESSOR HARTS CONCEPT OF LAW SUBAS H. MAHTO LEGAL THEORY F.Y.LLM 1 INDEX Page Nos. 1) Chapter 1 Introduction 3 2) Chapter 2 Harts Concept 5 3) Chapter 3 Rule of Recognition 6 4) Chapter 4 Harts View

More information

Positivism A Model Of For System Of Rules

Positivism A Model Of For System Of Rules Positivism A Model Of For System Of Rules Positivism is a model of and for a system of rules, and its central notion of a single fundamental test for law forces us to miss the important standards that

More information

Kelsen's Pure Theory of Law

Kelsen's Pure Theory of Law The Catholic Lawyer Volume 26 Number 2 Volume 26, Spring 1981, Number 2 Article 4 September 2017 Kelsen's Pure Theory of Law Henry Cohen Follow this and additional works at: http://scholarship.law.stjohns.edu/tcl

More information

End-of-Life Choices in Mexico Public opinions and the Catholic Church influence. Asunción Álvarez del Río. DMD México

End-of-Life Choices in Mexico Public opinions and the Catholic Church influence. Asunción Álvarez del Río. DMD México End-of-Life Choices in Mexico Public opinions and the Catholic Church influence Asunción Álvarez del Río DMD México End-of-Life Choices in Mexico Public opinions and the Catholic Church influence Nothing

More information

Chapter 12: Areas of knowledge Ethics (p. 363)

Chapter 12: Areas of knowledge Ethics (p. 363) Chapter 12: Areas of knowledge Ethics (p. 363) Moral reasoning (p. 364) Value-judgements Some people argue that moral values are just reflections of personal taste. For example, I don t like spinach is

More information

Sample. 2.1 Introduction. Outline

Sample. 2.1 Introduction. Outline Chapter 2: Natural Law Outline 2.1 Introduction 2.2 Some problems of definition 2.3 Classical natural law 2.4 Divine law 2.5 Natural rights 2.6 The revival of natural law 2.7 The advent of legal positivism

More information

Lecture Notes Oliver Wendell Holmes and Jerome Frank, Legal Realism

Lecture Notes Oliver Wendell Holmes and Jerome Frank, Legal Realism 1 P a g e Lecture Notes Oliver Wendell Holmes and Jerome Frank, Legal Realism American Legal Realism is a critical position in legal theory inspired by the work of John Chapman Gray and Oliver Wendell

More information

CHAPTER 2. The Classical School

CHAPTER 2. The Classical School CHAPTER 2 The Classical School Chapter 2 Multiple Choice 1. Which was not an idea which descended from the Classical School. a. The implementation of situational crime prevention b. The development of

More information

Politics & Mysticism in the Weekly Torah Portion Parshat (Portion) Vayera

Politics & Mysticism in the Weekly Torah Portion Parshat (Portion) Vayera Politics & Mysticism in the Weekly Torah Portion Parshat (Portion) Vayera by Ariel Bar Tzadok This week... * Homosexuality in Biblical Law * Gay Marriage, Heterosexual Marriage, Who Gives Government the

More information

Omni-benevolent. Omnipotent. Omniscient. Prayer

Omni-benevolent. Omnipotent. Omniscient. Prayer Atheism Agnosticism Conversion Free will Miracle Moral evil Natural evil Numinous Omni-benevolent Omnipotent Omniscient Prayer Agnosticism is not being sure whether God exists. Atheism is believing that

More information

Sanctity of Life (Pikuach Nefesh)

Sanctity of Life (Pikuach Nefesh) Sanctity of Life (Pikuach Nefesh) What does sanctity of Life mean? Sanctity of life simply means that life is holy or sacred. In Jewish law, the term Pikuach Nefesh is used to describe the principle of

More information

THE RIGHT TO DIE: AN OPTION FOR THE ELDERLY. Anonymous

THE RIGHT TO DIE: AN OPTION FOR THE ELDERLY. Anonymous THE RIGHT TO DIE: AN OPTION FOR THE ELDERLY Anonymous [Assignment: You will use an editorial. "The Right to Die." and 3 or 4 other more substantive resources on euthanasia. aging. terminal illness. or

More information

If Everyone Does It, Then You Can Too Charlie Melman

If Everyone Does It, Then You Can Too Charlie Melman 27 If Everyone Does It, Then You Can Too Charlie Melman Abstract: I argue that the But Everyone Does That (BEDT) defense can have significant exculpatory force in a legal sense, but not a moral sense.

More information

Section 2 Matters of life and death

Section 2 Matters of life and death Unit 1 Religion and life: Sikhism Section 2 Matters of life and death Topic 1.2.2 Sikhism and life after death Revised Sikhs believe in life after death because: it is taught in the Guru Granth Sahib which

More information

The Sources of Ethics. The law is said to protect the liberty, safety and property of the subject; Cooke P.

The Sources of Ethics. The law is said to protect the liberty, safety and property of the subject; Cooke P. The Sources of Ethics The law is said to protect the liberty, safety and property of the subject; Cooke P. Why do we have a legal ethics course? There is a difference between law and ethics, as law is

More information

Religious Studies Year 9 GCSE Religious Studies Curriculum Map

Religious Studies Year 9 GCSE Religious Studies Curriculum Map Religious Studies Year 9 GCSE Religious Studies Curriculum Map Term 1 Term 2 Term 3 Christian Ethics Christian Ethics Christian Ethics Crime: Causes, Deterrence, Retribution, Rehabilitation, Capital Punishment,

More information

All Saints Catholic Academy SMSC in the RE curriculum

All Saints Catholic Academy SMSC in the RE curriculum All Saints Catholic Academy SMSC in the RE curriculum In the RE department at All Saints we ensure that every person achieves their full potential: spiritually, academically, socially, morally, culturally

More information

CEDAR PARK CHRISTIAN SCHOOLS

CEDAR PARK CHRISTIAN SCHOOLS CEDAR PARK CHRISTIAN SCHOOLS 16300 112th Ave. NE Bothell, WA 98011-1535 (425) 488-9778 FAX (425) 483-5765 EMPLOYMENT APPLICATION (for Non-Teaching s) A. APPLICANT'S NAME AND ADDRESS Full legal name (as

More information

Positivism, Natural Law, and Disestablishment: Some Questions Raised by MacCormick's Moralistic Amoralism

Positivism, Natural Law, and Disestablishment: Some Questions Raised by MacCormick's Moralistic Amoralism Valparaiso University Law Review Volume 20 Number 1 pp.55-60 Fall 1985 Positivism, Natural Law, and Disestablishment: Some Questions Raised by MacCormick's Moralistic Amoralism Joseph M. Boyle Jr. Recommended

More information

This document consists of 10 printed pages.

This document consists of 10 printed pages. Cambridge International Examinations Cambridge International Advanced Level THINKING SKILLS 9694/43 Paper 4 Applied Reasoning MARK SCHEME imum Mark: 50 Published This mark scheme is published as an aid

More information

Chapter 3 PHILOSOPHICAL ETHICS AND BUSINESS CHAPTER OBJECTIVES. After exploring this chapter, you will be able to:

Chapter 3 PHILOSOPHICAL ETHICS AND BUSINESS CHAPTER OBJECTIVES. After exploring this chapter, you will be able to: Chapter 3 PHILOSOPHICAL ETHICS AND BUSINESS MGT604 CHAPTER OBJECTIVES After exploring this chapter, you will be able to: 1. Explain the ethical framework of utilitarianism. 2. Describe how utilitarian

More information

Comparative Legal History & 4-5 June The pros and cons of legal positivism (H L A Hart s version)

Comparative Legal History & 4-5 June The pros and cons of legal positivism (H L A Hart s version) UPPSALA UNIVERSITY EXAM Department of Law Contemporary Jurisprudence Comparative Legal History & 4-5 June 2013 Contemporary Jurisprudence Write an essay about: The pros and cons of legal positivism (H

More information

Again, I am not writing to change anyone s mind, merely to speak mine. Please know that I speak in love and respect for all.

Again, I am not writing to change anyone s mind, merely to speak mine. Please know that I speak in love and respect for all. Senior Pastor s Paper on Homosexuality & the Church Northern Hills United Methodist Church January 2017 INTRODUCTION In writing this paper, I want to be clear that I am speaking for myself. I am not speaking

More information

THE SEPARATION OF LAW AND MORALS

THE SEPARATION OF LAW AND MORALS Brigham Young University BYU ScholarsArchive All Faculty Publications 1986-11-28 THE SEPARATION OF LAW AND MORALS Noel B. Reynolds Brigham Young University - Provo, nbr@byu.edu Follow this and additional

More information

Pojman: What is Moral Philosophy?

Pojman: What is Moral Philosophy? Pojman: What is Moral Philosophy? Etymology Morals < Latin mores: Custom The traditional or characteristic norms of a people or group Ethics < Greek ethos: Character Usually the character or essential

More information

Law as a system of values. The Jan Grodecki lecture at the University of Leicester. by Sir Rabinder Singh. 24 October 2013

Law as a system of values. The Jan Grodecki lecture at the University of Leicester. by Sir Rabinder Singh. 24 October 2013 Law as a system of values The Jan Grodecki lecture at the University of Leicester by Sir Rabinder Singh 24 October 2013 It is an honour to give this year s Jan Grodecki lecture. I did not have the pleasure

More information

The Problem of Connection between Morality and Law: Devlin-Hart Controversy

The Problem of Connection between Morality and Law: Devlin-Hart Controversy Vol. XII, 2007 (p.1-21) The Problem of Connection between Morality and Law: Devlin-Hart Controversy Md. Iqbal Shahin Khan * Introduction The role of morality and law in controlling our social behaviour

More information

Natural Law Stoicism

Natural Law Stoicism Natural Law Stoicism Cleanthes: the good lies in living in agreement with nature Stoics believed that the whole of the world was identical with the fully rational creature which is God, so human law must

More information

Book Review: Jurisprudence: Readings and Cases, by Mark M. MacGuigan

Book Review: Jurisprudence: Readings and Cases, by Mark M. MacGuigan Osgoode Hall Law Journal Volume 5, Number 2 (October 1967) Article 18 Book Review: Jurisprudence: Readings and Cases, by Mark M. MacGuigan John Swan Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj

More information

AL-ASHRAF SECONDARY SCHOOL FOR GIRLS ACADEMIC YEAR The festivals of Eid Ul Fitr, Eid Ul Adha and Ashura. Resources

AL-ASHRAF SECONDARY SCHOOL FOR GIRLS ACADEMIC YEAR The festivals of Eid Ul Fitr, Eid Ul Adha and Ashura. Resources AL-ASHRAF SECONDARY SCHOOL FOR GIRLS ACADEMIC YEAR 2017-2018 YEAR 10 AQA GCSE RELIGIOUS STUDIES SCHEMES OF WORK Term 1 Independent Learners Creative Thinkers Reflective Learners Team Workers Self Managers

More information

PHL271 Handout 2: Hobbes on Law and Political Authority. Many philosophers of law treat Hobbes as the grandfather of legal positivism.

PHL271 Handout 2: Hobbes on Law and Political Authority. Many philosophers of law treat Hobbes as the grandfather of legal positivism. PHL271 Handout 2: Hobbes on Law and Political Authority 1 Background: Legal Positivism Many philosophers of law treat Hobbes as the grandfather of legal positivism. Legal Positivism (Rough Version): whether

More information

General Certificate of Secondary Education Religious Studies. Paper 8. An Introduction to Christian Ethics [GRS81] TUESDAY 7 JUNE, AFTERNOON

General Certificate of Secondary Education Religious Studies. Paper 8. An Introduction to Christian Ethics [GRS81] TUESDAY 7 JUNE, AFTERNOON General Certificate of Secondary Education 2016 Religious Studies Paper 8 An Introduction to Christian Ethics [GRS81] TUESDAY 7 JUNE, AFTERNOON MARK SCHEME General Marking Instructions and Mark Grids Introduction

More information

Bernard Hoose - Proportionalism

Bernard Hoose - Proportionalism Bernard Hoose - Proportionalism Section 1 Proportionalism: Background Proportionalism originated among Catholic scholars in Europe and America in the 1960 s. One influential commentator of Proportionalism

More information

Higher RMPS 2018 Specimen Question Paper 1 Candidate evidence (with marks)

Higher RMPS 2018 Specimen Question Paper 1 Candidate evidence (with marks) Candidate 1 Of all the issues relating to organ donation, presumed consent is the most important. To what extent do you agree? There is currently moves being made in Scotland to move from a system of informed

More information

United Nations Human Rights Council Universal Periodic Review. Ireland. Submission of The Becket Fund for Religious Liberty.

United Nations Human Rights Council Universal Periodic Review. Ireland. Submission of The Becket Fund for Religious Liberty. United Nations Human Rights Council Universal Periodic Review Ireland Submission of The Becket Fund for Religious Liberty 21 March 2011 3000 K St. NW Suite 220 Washington, D.C. 20007 T: +1 (202) 955 0095

More information

Vision for the Nation - a Christian Manifesto

Vision for the Nation - a Christian Manifesto Vision for the Nation - a Christian Manifesto This initiative was launched by in the run up to the 2000 General Election. The following text was issued at the time giving both the reasoning behind the

More information

Family matters - Birth control? Abortion? 18

Family matters - Birth control? Abortion? 18 Family matters - Birth control? Abortion? 18 Aim of lesson To help the young people understand the scriptural principles which relate to this subject, and to be prepared to apply them to their own lives.

More information

Undergraduate Calendar Content

Undergraduate Calendar Content PHILOSOPHY Note: See beginning of Section H for abbreviations, course numbers and coding. Introductory and Intermediate Level Courses These 1000 and 2000 level courses have no prerequisites, and except

More information

Legal positivism represents a view about the nature of law. It states that

Legal positivism represents a view about the nature of law. It states that Legal Positivism A N I NTRODUCTION Polycarp Ikuenobe Legal positivism represents a view about the nature of law. It states that there is no necessary or conceptual connection between law and morality and

More information

The Case for. Change

The Case for. Change The Case for Change The case for change The Methodist Church is a big family which varies throughout the country. We re more diverse overall than many of our individual congregations are on their own.

More information

(i) Morality is a system; and (ii) It is a system comprised of moral rules and principles.

(i) Morality is a system; and (ii) It is a system comprised of moral rules and principles. Ethics and Morality Ethos (Greek) and Mores (Latin) are terms having to do with custom, habit, and behavior. Ethics is the study of morality. This definition raises two questions: (a) What is morality?

More information

In defence of the four freedoms : freedom of religion, conscience, association and speech

In defence of the four freedoms : freedom of religion, conscience, association and speech In defence of the four freedoms : freedom of religion, conscience, association and speech Understanding religious freedom Religious freedom is a fundamental human right the expression of which is bound

More information

ARC GOD AND GOVERNMENT

ARC GOD AND GOVERNMENT GOD AND GOVERNMENT I. BIBLICAL OVERVIEW OF GOD S PURPOSE FOR GOVERNMENT A. Is, 9:6-7 Gods True Purpose For Government Is To Uphold His Standards Of Righteousness Within Society B. Eccless. 10:2 God s Eternal

More information

WHAT ABOUT HOMOSEXUALITY? I want to try to answer three questions today that often come up when addressing this issue;

WHAT ABOUT HOMOSEXUALITY? I want to try to answer three questions today that often come up when addressing this issue; WHAT ABOUT HOMOSEXUALITY? We are concluding our series today on Love and Marriage. We have looked at the biblical basis for marriage and last week looked at what happens when marriage is broken through

More information

YEAR 11 GCSE RELIGIOUS EDUCATION HOMEWORK BOOKLET. FROM MUST BE COMPLETED EACH WEEK. Remember:

YEAR 11 GCSE RELIGIOUS EDUCATION HOMEWORK BOOKLET. FROM MUST BE COMPLETED EACH WEEK. Remember: Name: Class: Teacher: YEAR 11 GCSE RELIGIOUS EDUCATION HOMEWORK BOOKLET. FROM 22.02.16-24.3.16 MUST BE COMPLETED EACH WEEK. Remember: If it says refer to a religion that is not Christianity than you must

More information

sex & marriage at the red Door ComMuNity ChuRcH WHAT WE BELIEVE

sex & marriage at the red Door ComMuNity ChuRcH WHAT WE BELIEVE sex & marriage A biblical understanding at the red Door ComMuNity ChuRcH -------------------------------------------------------------------- WHAT WE BELIEVE God has ordained the family as the foundational

More information

Discuss whether it is possible to be a Christian and in a same sex relationship.

Discuss whether it is possible to be a Christian and in a same sex relationship. Discuss whether it is possible to be a Christian and in a same sex relationship. What is required and, in contrast, prohibited in order to be a Christian is a question far beyond the scope of this essay.

More information

ADVANCED SUBSIDIARY (AS) General Certificate of Education Religious Studies Assessment Unit AS 6. assessing

ADVANCED SUBSIDIARY (AS) General Certificate of Education Religious Studies Assessment Unit AS 6. assessing ADVANCED SUBSIDIARY (AS) General Certificate of Education 2015 Religious Studies Assessment Unit AS 6 assessing Religious Ethics: Foundations, Principles and Practice [AR161] WEDNESDAY 17 JUNE, AFTERNOON

More information

CENSORSHIP & EXPRESSION Philosophy and Ethics: Issues of Human Rights

CENSORSHIP & EXPRESSION Philosophy and Ethics: Issues of Human Rights CENSORSHIP & EXPRESSION Philosophy and Ethics: Issues of Human Rights Miss J Carr Censorship Suppressing or limiting access to materials considered obscene, offensive or a threat to security. Article 19

More information

Debate and Debate Adjudication

Debate and Debate Adjudication Debate and Debate Adjudication Rachmat Nurcahyo,M.A. Yogyakarta State University National Polythecnic English Debate Competition 2012, Tual Maluku Tenggara Overview What is Competitive Debate Understanding

More information

Abortion, Culture and the New Elite

Abortion, Culture and the New Elite The Linacre Quarterly Volume 63 Number 4 Article 3 November 1996 Abortion, Culture and the New Elite Peter J. Riga Follow this and additional works at: https://epublications.marquette.edu/lnq Recommended

More information

The Nature of Law. Unit One: Heritage CLU3M. C. Olaveson

The Nature of Law. Unit One: Heritage CLU3M. C. Olaveson The Nature of Law Unit One: Heritage CLU3M C. Olaveson The law is reason, free from passion. Aristotle Greek Philosopher (384-322 BCE) Law is the embodiment of the moral sentiment of the people. William

More information

CONVENTIONALISM AND NORMATIVITY

CONVENTIONALISM AND NORMATIVITY 1 CONVENTIONALISM AND NORMATIVITY TORBEN SPAAK We have seen (in Section 3) that Hart objects to Austin s command theory of law, that it cannot account for the normativity of law, and that what is missing

More information

Welcome to the BIG ISSUE

Welcome to the BIG ISSUE Welcome to the BIG ISSUE Module One: Believing in God Being brought up in Catholic family s forces children to believe in God! The Catholic View Children who are brought up in Catholic families are more

More information

HART ON THE INTERNAL ASPECT OF RULES

HART ON THE INTERNAL ASPECT OF RULES HART ON THE INTERNAL ASPECT OF RULES John D. Hodson Introduction, Polycarp Ikuenobe THE CONTEMPORARY AMERICAN PHILOSOPHER John Hodson, examines what H. L. A. Hart means by the notion of internal aspect

More information

Introduction Paragraph 7 th /8 th grade expectation: 150+ words (includes the thesis)

Introduction Paragraph 7 th /8 th grade expectation: 150+ words (includes the thesis) Typical Structure in Persuasive Writing Introduction Paragraph 7 th /8 th grade expectation: 150+ words (includes the thesis) 1. Before you jump into your position on a topic, you need to introduce it

More information

Freedom's Law: The Moral Reading of the American Constitution.

Freedom's Law: The Moral Reading of the American Constitution. Freedom's Law: The Moral Reading of the American Constitution. By Ronald Dworkin. Cambridge: Harvard University Press, 1996.389 pp. Kenneth Einar Himma University of Washington In Freedom's Law, Ronald

More information

10. The aim of a theory of law is to reduce chaos and multiplicity to unity. legal theory is science and not volition. It is knowledge of what the

10. The aim of a theory of law is to reduce chaos and multiplicity to unity. legal theory is science and not volition. It is knowledge of what the PURE THEORY OF LAW 1. The Pure theory of Law which is also known as Vienna School of Legal Thought was propounded by Hans Kelson, a professor in Vienna (Austria) University. 2. Though the first exposition

More information

LAW AND MORALITY. National Law University, Delhi. From the SelectedWorks of Mubashshir Sarshar. Mubashshir Sarshar, National Law University, Delhi

LAW AND MORALITY. National Law University, Delhi. From the SelectedWorks of Mubashshir Sarshar. Mubashshir Sarshar, National Law University, Delhi National Law University, Delhi From the SelectedWorks of Mubashshir Sarshar 2008 LAW AND MORALITY Mubashshir Sarshar, National Law University, Delhi Available at: http://works.bepress.com/mubashshir/3/

More information

The Character of God and the Sexual Prohibitions of the Mosaic Law

The Character of God and the Sexual Prohibitions of the Mosaic Law The Character of God and the Sexual Prohibitions of the Mosaic Law Leviticus 18:19-26 Nick Wilson This morning we are continuing our series on homosexuality and the church. Where last week we discovered

More information

A NATIONAL AGENDA FOR RELIGIOUS FREEDOM

A NATIONAL AGENDA FOR RELIGIOUS FREEDOM A NATIONAL AGENDA FOR RELIGIOUS FREEDOM EXECUTIVE SUMMARY People of faith have numerous concerns about threats to religious freedom in Australia, both at state and federal levels, deriving from an attitude

More information

Rawls s veil of ignorance excludes all knowledge of likelihoods regarding the social

Rawls s veil of ignorance excludes all knowledge of likelihoods regarding the social Rawls s veil of ignorance excludes all knowledge of likelihoods regarding the social position one ends up occupying, while John Harsanyi s version of the veil tells contractors that they are equally likely

More information

Kantian Deontology. A2 Ethics Revision Notes Page 1 of 7. Paul Nicholls 13P Religious Studies

Kantian Deontology. A2 Ethics Revision Notes Page 1 of 7. Paul Nicholls 13P Religious Studies A2 Ethics Revision Notes Page 1 of 7 Kantian Deontology Deontological (based on duty) ethical theory established by Emmanuel Kant in The Groundwork of the Metaphysics of Morals. Part of the enlightenment

More information

Three Ethics Reasoning Assessment (TERA) Lene Arnett Jensen, Clark University

Three Ethics Reasoning Assessment (TERA) Lene Arnett Jensen, Clark University Three Ethics Reasoning Assessment (TERA) Lene Arnett Jensen, Clark University ljensen@clarku.edu This is a survey of your moral views. Please read the questions and instructions carefully. The instructions

More information

Matters of Life and Death

Matters of Life and Death Matters of Life and Death Key Words Heaven - A place of paradise where God rules. Hell - A place of horrors where Satan rules. Immortality of the soul - Idea that the soul lives on after the death of the

More information

DEFINITIONS GUIDELINES. and. for DISCIPLINE

DEFINITIONS GUIDELINES. and. for DISCIPLINE DEFINITIONS and GUIDELINES for DISCIPLINE ORDAINED MINISTERS, ASSOCIATES IN MINISTRY, DEACONESSES, DIACONAL MINISTERS, CONGREGATIONS AND MEMBERS OF CONGREGATIONS Originally approved on November 19, 1989,

More information

hij Teacher Resource Bank GCE Religious Studies Teachers Guide: Topic II Perceptions of Ultimate Reality Topic III Religious Experience

hij Teacher Resource Bank GCE Religious Studies Teachers Guide: Topic II Perceptions of Ultimate Reality Topic III Religious Experience hij Teacher Resource Bank GCE Religious Studies Teachers Guide: Unit 4A Topic I Life, Death and Beyond Topic II Perceptions of Ultimate Reality Topic III Religious Experience Copyright 2009 AQA and its

More information

THE PSYCHOPATHIC SOCIETY: part 5: "the massacre of the innocents" alexis dolgorukii 1997

THE PSYCHOPATHIC SOCIETY: part 5: the massacre of the innocents alexis dolgorukii 1997 THE PSYCHOPATHIC SOCIETY: part 5: "the massacre of the innocents" alexis dolgorukii 1997 I really can't bring myself to decide which aspect of the "National Psychosis" that typifies the disintegrating

More information

The Bible and Homosexual Practice

The Bible and Homosexual Practice The Bible and Homosexual Practice Leviticus 17-26 are referred to by many scholars as the Holiness Code. It instructs the Jews how they are to act in contrast to their neighbors and in response to God

More information

U.S. Bishops Revise Part Six of the Ethical and Religious Directives An Initial Analysis by CHA Ethicists 1

U.S. Bishops Revise Part Six of the Ethical and Religious Directives An Initial Analysis by CHA Ethicists 1 U.S. Bishops Revise Part Six of the Ethical and Religious Directives An Initial Analysis by CHA Ethicists 1 On June 15, 2018 following several years of discussion and consultation, the United States Bishops

More information

RS1/2 ETH: Introduction to Religion and Ethics (AS) by Gordon Reid

RS1/2 ETH: Introduction to Religion and Ethics (AS) by Gordon Reid GCE Religious Studies RS1/2 ETH: Introduction to Religion and Ethics (AS) by Gordon Reid RS 1/2 ETH: Introduction to Religion and Ethics (AS) Topic 1: Aquinas Natural Law Aim: At the end of this topic

More information

Fourfold Communication as a Way to Cooperation

Fourfold Communication as a Way to Cooperation 1 Fourfold Communication as a Way to Cooperation Ordinary conversation about trivial matters is often a bit careless. We try to listen and talk simultaneously, although that is very difficult. The exchange

More information

Homosexual Law Reform

Homosexual Law Reform Homosexual Law Reform I MAX ATKINSON* Introduction The Tasmanian Legislative Council, after lengthy deliberation, has in the past year conclusively rejected the Government's proposal to decriminalise private,

More information

Mark Scheme (Results) June GCSE Religious Studies (5RS06) Religion and Life based on the study of Hinduism

Mark Scheme (Results) June GCSE Religious Studies (5RS06) Religion and Life based on the study of Hinduism Mark Scheme (Results) June 2011 GCSE Religious Studies (5RS06) Religion and Life based on the study of Hinduism Edexcel is one of the leading examining and awarding bodies in the UK and throughout the

More information

Address Street City State Zip Code. Date you are available to start. Coaching Endorsement. Coaching Position Desired

Address Street City State Zip Code.   Date you are available to start. Coaching Endorsement. Coaching Position Desired ANKENY CHRISTIAN ACADEMY 1604 W 1 st Street Ankeny, IA 50023-2525 515-965-8114 Fax-515-965-8210 acaeagles.net Coaching Application Name Phone Address Street City State Zip Code Email: Date you are available

More information

Deontology (Duty Ethics) Ross Arnold, Fall 2015 Lakeside institute of Theology

Deontology (Duty Ethics) Ross Arnold, Fall 2015 Lakeside institute of Theology Deontology (Duty Ethics) Ross Arnold, Fall 2015 Lakeside institute of Theology Christian Ethics (CL3) Oct. 1 Intro to Ethics; Christian Ethics Oct. 8 Ethics, Morality and Religion Oct. 15 Authority in

More information

LAW & MORALITY Red Mass Banquet Address - October 2004

LAW & MORALITY Red Mass Banquet Address - October 2004 LAW & MORALITY Red Mass Banquet Address - October 2004 Fr. Charles E. Irvin, J.D. Being both a lawyer and a priest, the subject of Law & Morality frequently is on my mind. The occasion of this Red Mass

More information

Rights of Children in Islam 1

Rights of Children in Islam 1 1 Rights of Children in Islam 1 Written by: Sk Younis Salih Translated by Dr. Faheem Bukhatwa In the name of Allah Most Gracious Most Merciful In line with the aggression that is taking place upon our

More information

Topic III: Sexual Morality

Topic III: Sexual Morality PHILOSOPHY 1100 INTRODUCTION TO ETHICS FINAL EXAMINATION LIST OF POSSIBLE QUESTIONS (1) As is indicated in the Final Exam Handout, the final examination will be divided into three sections, and you will

More information

Section 8 - The Clergy Discipline Measure

Section 8 - The Clergy Discipline Measure The Diocese of Exeter Bishop s Guidelines for the Ordained Ministry Section 8 - The Clergy Discipline Measure The Clergy Discipline Measure came fully into force on 1 st January 2006. It provides a new

More information

Ethical non-naturalism

Ethical non-naturalism Michael Lacewing Ethical non-naturalism Ethical non-naturalism is usually understood as a form of cognitivist moral realism. So we first need to understand what cognitivism and moral realism is before

More information

TEACHER S MANUAL Our Moral Life in Christ Author: Rev. Peter V. Armenio General Editor: Rev. James Socias MIDWEST THEOLOGICAL FORUM Woodridge, Illinois CONTENTS ix Abbreviations Used for the Books of the

More information

Admin Identifying ethical issues Ethics and philosophy The African worldview Ubuntu as an ethical theory

Admin Identifying ethical issues Ethics and philosophy The African worldview Ubuntu as an ethical theory 23 July 2014 Admin Identifying ethical issues Ethics and philosophy The African worldview Ubuntu as an ethical theory Please sign a register before you leave Make sure you catch up anything if you missed

More information

Research Paper Malneritch 1. The topic of respecting life is a big controversy in today s politics. I

Research Paper Malneritch 1. The topic of respecting life is a big controversy in today s politics. I Research Paper Malneritch 1 Daniel Malneritch Research 29 March 2007 The topic of respecting life is a big controversy in today s politics. I believe it to be one of the most if not the most important

More information

Module 1: Vice, Crime, and American Law: Concepts and Relationships

Module 1: Vice, Crime, and American Law: Concepts and Relationships Module 1: Vice, Crime, and American Law: Concepts and Relationships Introduction When beginning any discussion it is important to first understand what we are discussing. Certainly everyone hears and uses

More information

Citation for published version (APA): Petersen, T. S. (2011). What Is Legal Moralism? Sats, 12(1), DOI: /sats.

Citation for published version (APA): Petersen, T. S. (2011). What Is Legal Moralism? Sats, 12(1), DOI: /sats. What Is Legal Moralism? Petersen, Thomas Søbirk Published in: Sats DOI: 10.1515/sats.2011006 Publication date: 2011 Document Version Early version, also known as pre-print Citation for published version

More information

Rawls, rationality, and responsibility: Why we should not treat our endowments as morally arbitrary

Rawls, rationality, and responsibility: Why we should not treat our endowments as morally arbitrary Rawls, rationality, and responsibility: Why we should not treat our endowments as morally arbitrary OLIVER DUROSE Abstract John Rawls is primarily known for providing his own argument for how political

More information

GAUTENG DEPARTMENT OF EDUCATION. Policy on Religion at Parkview Junior School

GAUTENG DEPARTMENT OF EDUCATION. Policy on Religion at Parkview Junior School GAUTENG DEPARTMENT OF EDUCATION Policy on Religion at Parkview Junior School 30 August 2013 1 Table of Contents 1. Title of the policy... 3 2. Effective Date... 3 3. Revision History... 3 4. Preamble...

More information

CAN WE HAVE MORALITY WITHOUT GOD AND RELIGION?

CAN WE HAVE MORALITY WITHOUT GOD AND RELIGION? CAN WE HAVE MORALITY WITHOUT GOD AND RELIGION? Stephen Law It s widely held that morality requires both God and religion. Without God to lay down moral rules, talk of right and wrong can reflect nothing

More information

Mark Scheme (Results) Summer 2010

Mark Scheme (Results) Summer 2010 Mark Scheme (Results) GCSE GCSE Religious Studies 5RS01 Edexcel Limited. Registered in England and Wales No. 4496750 Registered Office: One90 High Holborn, London WC1V 7BH Edexcel is one of the leading

More information

COACHING EMPLOYMENT APPLICATION

COACHING EMPLOYMENT APPLICATION Hillcrest Christian School dba HERITAGE CHRISTIAN SCHOOL 17531 Rinaldi Street Granada Hills, CA 91344 818-368-7071 COACHING EMPLOYMENT APPLICATION Your interest in Heritage Christian School is appreciated.

More information

Consultation Response Form Consultation closing date: 3 June 2014 Your comments must reach us by that date

Consultation Response Form Consultation closing date: 3 June 2014 Your comments must reach us by that date Consultation Response Form Consultation closing date: 3 June 2014 Your comments must reach us by that date New home to school travel and transport guidance If you would prefer to respond online to this

More information

Apostasy and Conversion Kishan Manocha

Apostasy and Conversion Kishan Manocha Apostasy and Conversion Kishan Manocha In the context of a conference which tries to identify how the international community can strengthen its ability to protect religious freedom and, in particular,

More information

Immanuel Baptist Church Membership Covenant

Immanuel Baptist Church Membership Covenant 1 Immanuel Baptist Church Membership Covenant The Immanuel Baptist Church membership covenant was created out of a desire to inform and equip members of IBC as to their responsibilities to the church and

More information

Can you be a Mormon and a Democrat?

Can you be a Mormon and a Democrat? Can you be a Mormon and a Democrat? The opinions expressed in this document are solely those of the author. The Church of Jesus Christ of Latter-day Saints was not involved in the creation of this document.

More information

LOUISIANA PUBLIC SQUARE

LOUISIANA PUBLIC SQUARE Home About How To Comment Interactives Topics View Louisiana Public Square! LOUISIANA PUBLIC SQUARE Main About Topics Current Topic Blog Resources Results Bios Contact Survey How closely would you say

More information