AQA A Level Law - Morality - Views on Law and Morality Student Handout with activities

Written by an experienced Law Examiner, this set of student notes on “Views on Morality” is invaluable any any students and teachers of A Level Law.

The Handout explores the relationship between law and morality, focusing on the Hart-Devlin debate and various legal theorists’ views.

• Hart vs. Devlin on Law and Morality: Hart argued that law should remain separate from morality, while Devlin believed law should enforce moral standards.
• Sources of Morality: Morality can be influenced by family, media, religion, and education, and while some aspects can be enforced, others cannot.
• Paternalist vs. Liberal Views: Paternalists argue that law should guide and protect people, while liberals believe law should not interfere in private lives.
• Functions of Law: Summers and Raz identified practical functions of law such as providing remedies, prohibiting harmful conduct, and settling disputes.
• Hart’s Distinction Between Legal and Moral Rules: Hart distinguished legal rules, which can be changed and enforced by authorities, from moral rules, which are subject to social pressure and personal sacrifice.
• Fuller’s Guidelines for Law: Fuller proposed that laws should be well-considered, known, understandable, consistent, and not require the impossible, among other criteria.