Different Views on Morals

Natural law and positivism (differing views) • Should law and morals reflect each other exactly? • Natural law: law and morality should coincide, there is a divine source for law • extremists: law that does not coincide with morals should be ignored • positivists:If legal rules have been enacted in a sensible manner then-even if they do contradict our moral understanding as to what is right or wrong-that we should follow them. Natural law • Many philosophers had differing ideas as to what this divine source of law was. • Aristotle thought that it was found in nature, whereas Thomas aquinas believed that it was found in god. • the breaking of legal rules for because they go against what someone believes to be morally right was believed to show justice in action. • Thomas Aquinas agreed with this, but if it caused public chaos then he thought that it would be going against gods will. • Lord Devlin believed that the law is based on morality

Positivism • Keslen was a positivist who believed that law and morality were completely separate concepts • He also believed that the concept of justice was too vague and needed to be refined • Lord Hart also believed that law and morals were two completely different concepts, and that law should be based on logical ideas (whats logical about murder? or rape? How can you try to fix something that is illogical with something that is arguably pretty illogical?)

Utilitarianism • Developed in the 19th century mainly by Jeremy Bentham and john Stuart mill • Jeremy Bentham stated that morals "govern" everything we say, think and do. • "A man may pretend to abjure his empire: but in reality he will remain subject to it all the while" • John Stuart mill stated that family and domestic affairs should be dealt with within the household. Domestic violence at this point was not born in mind. • Punishment is only useful if it brings benefit or happiness • JB promoted the "greatest happiness of the