THE LEGAL ENFORCEMENT OF MORALITY

Essay Main Question:
“In the sphere of Criminal Law I entertain no doubt that there remains in the Courts of Law a residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the State, and that it is their duty to guard it against attacks which may be the more insidious because they are novel and unprepared for…. The same act will not in all ages be regarded in the same way. The law must be related to the changing standards of life, not yielding to every shifting impulse of the popular will but having regard to fundamental assessments of human values and the purposes of society…. Parliament has not been slow to legislate when attention has been sufficiently aroused. But gaps remain and will always remain since no one can foresee every way in which the wickedness of man may disrupt the order of society.”

Per Viscount Simmonds – Shaw v DPP [1961] UKHL 1, [1962] AC 220

Utilising appropriate primary and secondary sources and making reference to relevant judicial decisions, critically comment, in light of the quoted assertion by Viscount Simmonds, on the extent to which the State and society in England and Wales are justified in using the Criminal Law to prohibit, prevent and punish certain types of conduct on the part of individuals and groups in society on the grounds that their behaviour is immoral.

• It has to be logical.
• Involves investigation of potential clash between the law (criminal law) and other and Morality on the other side.
• Be aware there are lots of moral content in law particularly in criminal law.
• Some issues which are dealt by the statue and other such as who relates to moral.
• Undeniable link between law and morality.
• What is the original link why is the law related to morality is that matter of necessity? Law will not able to survive without morality? Or morality requires law to support it.
• From some morality the law are created.
• Is it a matter of religion is religion contributed to morality and law.
• It’s very important to write your own view and all in your own words.
• Discuss some acts and whether the law related to it is justifiable.
• Look for disagreements and discuss. Such as sexual offences. In criminal law the laws against rape. we have activated being discrminalised where there is an agreement whether to permit or no.
• Why does the law punishes certain activities and is it justifiable for law to punish this activated and if it justifiable what is the grounds and rights they have to decide that this activates to be punished.
• The use of drugs. (cannabis a lot of arguments) topic to investigate. What right has the law to decriminalize this activity? What is the link between law and drug is bad.
• To what extent does morality influence the law ? is it a matter of argument decided we don’t want people to kill them selves.
• To what extent to which society and state does and should use the law to punish behavior that maybe regarded by some in society as morally unacceptable. ?
• Choose any number of this issues 2-3 and use them as a basis for establishing an argument as a response for the question above. Investigate look and what the law says is the law right should the law decriminalize?
• Then present the most powerful argument. Identify the issues, determining the sources you use and the decision whether the source relevant to the topic.
• Presenting a strong argument is very essential.

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