The Effect of Morality and Justice on Law Essay
Over the years, the legal personnel of the English Legal System have tried to separate law from morality and justice. This has proven to be quite a hard task considering the fact that even the House of Lords judges allow their morals to influence their decisions on certain cases.
I think it is difficult to separate morality from law because most of the laws in Britain are an example of enacted morality, such as the law on manslaughter and murder, which echoes the commandment "Thou shalt not kill."
Separating justice from law is just as hard. The dictionary definition of justice is 'the normative idea of the proper outcome to a case.' People seem …show more content…
Law is concerned with right and wrong, it restrains evil and protects good, isn't this what most people understand morality as? Obviously people aren't going to notice the difference between law and morality if morality is the foundation of many laws in our legal system. Even legal personnel allow their morals to influence them in cases, as was the case in 1993 of R v Brown. A group of adult men, having given their full consent, took part in sadomasochistic acts. Their case reached the House of Lords, where it was ruled that their behaviour was a breach of the criminal law of assault. Only three out of five agreed with the decision. One of the judges on the case, Lord Templeman, who noticeably agreed with Lord Devlin's way of thinking, stated that 'society needed to be protected against a cult of violence' and that it was 'uncivilised.' Another judge working alongside Lord Templeman, known as Lord Slynn disagreed and argued that there was nothing in the law saying these men had done wrong. He argued that the judges should think of the law and not of their feelings towards this particular subject. And so there you have it; morals cause conflict between judges during cases. It is