Law and MoralityLaw and Morality

1)1) LawLaw and and MoralityMorality

2)2) Difference Difference between law and between law and morality.morality.

3)3) Philosophical Philosophical ideas about law and ideas about law and morality.morality.

4)4) Censorship.Censorship.

5)5) Abortion Abortion Act.Act.

6)6) Case of Case of Jodie Jodie and and MaryMary. .

Marten Hartwell Marten Hartwell crashed in a cut off crashed in a cut off area, in the early 70s. He was the area, in the early 70s. He was the only survivor. To stay alive until he only survivor. To stay alive until he get rescued he had to eat. His get rescued he had to eat. His onlyonly source of source of food was the food was the deaddead body of body of his companion,his companion, a young nurse. a young nurse.

What should he have done?What should he have done? become abecome a cannibal cannibal (eating death (eating death

people) people) oror starved to deathstarved to death??

He He chosechose to live. to live.

Two mountaineers Two mountaineers were climbing were climbing the Alpsthe Alps, , roped together. roped together. One slipped and fellOne slipped and fell. . Unable to move, he lay dangling at the Unable to move, he lay dangling at the end of the rope. end of the rope. The other climber The other climber couldn’tcouldn’t lift his companion back up, lift his companion back up, nornor could he could he himself move on himself move on withoutwithout cutting the rope. cutting the rope.

What could he have doneWhat could he have done? ? Cut the rope and sent his companion to his Cut the rope and sent his companion to his

deathdeath or stayed where till or stayed where till bothboth dieddied??

He He cutcut the rope. the rope.

What would What would youyou have done in have done in Hartwell’s situation?Hartwell’s situation?

If you had been the climber in the If you had been the climber in the Alps, Alps, would you have cut the ropewould you have cut the rope??

Which would you put Which would you put firstfirst – – Self- Self- preservation preservation or the or the maintenance of maintenance of another human lifeanother human life? ?

Do you think the Do you think the lawlaw should have the should have the answer to these questionsanswer to these questions??

Law and MoralityLaw and Morality

Moral Rule Moral Rule … set of rules that People … set of rules that People in a in a certain society certain society used to follow used to follow from their ancestors … from their ancestors …

set of set of beliefsbeliefs, , valuesvalues, , principlesprinciples and and standardsstandards of of behaviorbehavior”.”.

E.G. E.G. Don’tDon’t tell Lies, tell Lies, HelpingHelping Poor Poor People, Etc.People, Etc.

Telling Lies Vs. Theft ?Telling Lies Vs. Theft ?

Differences Differences

Legal RuleLegal Rule

1)1) Punishment Punishment .. By an .. By an authorized power authorized power (Gov.)(Gov.)Tangible Punishment Tangible Punishment

2)2) The Purpose The Purpose .. .. Aiming to organize the Aiming to organize the people conducts .. And people conducts .. And keep the society safe.keep the society safe.

3)3) Explicitness Explicitness .. So Clear .. So Clear and specified.and specified.

Moral RuleMoral Rule

1)1) Punishment Punishment .. By a .. By a society .. Moral society .. Moral Punishment (Refusing Punishment (Refusing Behavior)Behavior)

2)2) The Purpose The Purpose ... ... Aiming for Aiming for PerfectionismPerfectionism ..so ..so called (Idealism).called (Idealism).

3)3) ExplicitnessExplicitness.. feelings .. feelings toward behaviors.toward behaviors.

More Differences More Differences

Legal RuleLegal Rule

4)4) Legal disputes can Legal disputes can onlyonly be settled by an be settled by an appropriate appropriate court of court of lawlaw..

5)5) Law is Law is narrower narrower than than morality. It extends to a morality. It extends to a great number of actiongreat number of action..

6)6) Law Law cannotcannot be changed be changed into morals.into morals.

7)7) Formal Formal ....

Moral RuleMoral Rule

5)5) Moral disputes can be Moral disputes can be solved by the solved by the mediationmediation of elders, wise men, of elders, wise men, etc.etc.

6)6) Morality applies to Morality applies to every human act.every human act.

7)7) morals sometimes morals sometimes can can be converted into law be converted into law … Charity income tax … Charity income tax to donation.to donation.

8)8) Informal Informal ....

Philosophical ideas about Law Philosophical ideas about Law and morality.and morality.

It may be argued that morality can It may be argued that morality can be seen as be seen as relative conceptrelative concept..

Meaning that Meaning that notnot onlyonly different different individuals or groups often have individuals or groups often have different ideasdifferent ideas, but also that morality , but also that morality changeschanges over time and that these over time and that these changes changes shiftshift in nature and in nature and become become a a formalformal regulation through law regulation through law. .

ExampleExample

In 2006 in In 2006 in DenmarkDenmark, , offensive offensive drawing drawing of the prophet Muhammad.of the prophet Muhammad.

The response by many European The response by many European politicians was that they considered politicians was that they considered it as it as freedom of speechfreedom of speech..

Censorship Censorship

The The RestrainingRestraining or or ProhibitingProhibiting of of speech or speech or other public communication other public communication which may be which may be considered considered objectionableobjectionable, , harmfulharmful, , sensitivesensitive, , politicallypolitically incorrectincorrect or or inconvenientinconvenient as determined as determined by by a a government, media outlet government, media outlet oror other other controlling body.controlling body.

Such as Such as writtenwritten wordswords, , photographsphotographs, , filmsfilms, , mediamedia outlets Programsoutlets Programs, , televisiontelevision productionsproductions..

HistoryHistory

societies experienced many forms of societies experienced many forms of censorship that the censorship that the communitycommunity, as , as represented by the represented by the governmentgovernment, is , is responsible forresponsible for molding/framing molding/framing the the individual conductsindividual conducts..

WritersWriters, , journalistsjournalists, , producersproducers and many and many others who argue on the grounds of others who argue on the grounds of freedom of expressionfreedom of expression and freedom on the and freedom on the part of citizens to part of citizens to choosechoose whether to read whether to read books or view films and television.books or view films and television.

U.KU.K in 17th century … in 17th century … John Milton John Milton argued argued in favor of the in favor of the right to publishright to publish, free from , free from government government restraintsrestraints..

In U.S , the First Amendment of the In U.S , the First Amendment of the Constitution (1787) guarantees Constitution (1787) guarantees Freedom Freedom of Speechof Speech and and Freedom of pressFreedom of press. When a . When a U.S. government agency tries to U.S. government agency tries to prohibitprohibit speech or writing, a party being censored speech or writing, a party being censored can raise these First Amendment rights.can raise these First Amendment rights.

What is the Rational of What is the Rational of Censorship? Why there are Censorship? Why there are

censorships ….?censorships ….?

1)1) Moral censorship Moral censorship removing materials that removing materials that are obscene or considered morally are obscene or considered morally questionable.  Pornography, for example, is questionable.  Pornography, for example, is often censored under this rationale, often censored under this rationale, especially child pornography, which is illegal especially child pornography, which is illegal and censored in most jurisdictions in the and censored in most jurisdictions in the world.world.

2)2) Military censorship Military censorship keeping keeping military military intelligence intelligence confidentialconfidential, and away from the , and away from the enemyenemy. This is used to called spying, the . This is used to called spying, the process of gathering military information.process of gathering military information.

3)3) Political censorship Political censorship take place when take place when governments governments restrainrestrain information from their information from their citizens to citizens to control the public control the public and and preventprevent free free expressionexpression that might increase that might increase rebellionrebellion..

4)4) Corporate censorshipCorporate censorship occurs when editors in  occurs when editors in corporate media outlets corporate media outlets intervene to prevent intervene to prevent publishing of publishing of information that shows their information that shows their business or business partners in a negative business or business partners in a negative lightlight, or , or intervene to prevent intervene to prevent alternate offers alternate offers from reaching public exposurefrom reaching public exposure..

The Abortion act 1967 The Abortion act 1967 Rex v. Bourne Rex v. Bourne (1939) the principle of (1939) the principle of aborting aborting

an unbornan unborn child to child to savesave the life of the the life of the mothermother established.established.

It is legal if: It is legal if: n Certified by Certified by two doctorstwo doctors, that continuing the , that continuing the

pregnancy would pregnancy would involve riskinvolve risk to the to the lifelife, or , or injuryinjury to the pregnant to the pregnant womenwomen or her or her child. child.

n There is a risk that if the child was born, There is a risk that if the child was born, would would suffersuffer serious serious physical physical or or mental mental handicaphandicap. .

If happened after If happened after 28 weeks28 weeks, abortion carried , abortion carried out would be out would be unlawfulunlawful. In . In 19901990 it became only it became only before 24 weeksbefore 24 weeks..

Conjoined Twins CaseConjoined Twins Case Jodie and Mary, Jodie and Mary, TwinsTwins . . They have their own brain, heart, lungs and They have their own brain, heart, lungs and

other vital organs, they each have arms and other vital organs, they each have arms and legs. legs. They are joined at the lower abdomenThey are joined at the lower abdomen..

They can be They can be successfully separatedsuccessfully separated.. ButBut the operation would the operation would killkill the weaker twin. the weaker twin.

MaryMary.. The The only way that Mary is alive only way that Mary is alive is the is the

connectionconnection with her sister, with her sister, JodieJodie, who is , who is strongerstronger and can and can pump blood pump blood for both of for both of them.them.

Within Within minutesminutes of separation, of separation, Mary will Mary will diedie. .

But But if the operation if the operation does not take placedoes not take place, , both will both will diedie within within 3-6 weeks3-6 weeks..

The parents The parents are not able are not able to make such to make such decision, they are decision, they are Roman Catholics Roman Catholics and and they believe that they they believe that they should leave them should leave them in God’s hands.in God’s hands.

The doctors are The doctors are convincedconvinced that they can that they can complete the procedure and complete the procedure and save Jodiesave Jodie. .

So the hospital wanted a So the hospital wanted a declarationdeclaration that the process may that the process may be lawfully be lawfully carried outcarried out..

The court The court granted the declaration on granted the declaration on the ground the ground thatthat::

n In In Mary'sMary's bestbest interestinterest,,n It was in It was in Jodie'sJodie's bestbest interestinterest, and, andn In any event it would be In any event it would be legallegal.. It was approved It was approved ButBut the parents the parents

appealedappealed (did not agree) (did not agree)

Section 1 of the children Act 1989 Section 1 of the children Act 1989 states that states that “the child’s welfare shall “the child’s welfare shall be the courts highest thought.”be the courts highest thought.”

While it may be in the best interest While it may be in the best interest of Jodie, of Jodie, what about Marywhat about Mary??

What does What does Law (Law (DefenseDefense) of ) of NecessityNecessity// ( (doctrine of necessitydoctrine of necessity) ) mean that Lord Justice Brooke mean that Lord Justice Brooke discussed on discussed on Page 4Page 4? ?

The Doctrine of necessityThe Doctrine of necessity In In criminal law criminal law … is where the … is where the

defendant is arguing that it defendant is arguing that it was was necessary necessary for him/her to for him/her to commit a commit a crimecrime..

The Doctrine of necessity The Doctrine of necessity often often operates where the defendant has operates where the defendant has two two alternatives alternatives either either commit a crime commit a crime OROR suffersuffer//cause another cause another extreme hardshipextreme hardship..

For exampleFor example, prisoner escapes from a , prisoner escapes from a burning prison he may raise it burning prison he may raise it was was necessary necessary for him to escape.for him to escape.

Requirements to apply the Requirements to apply the Doctrine of NecessityDoctrine of Necessity

According to According to Sir James StephenSir James Stephen, there , there are are three Requirements three Requirements ::

1.1.The act is needed to The act is needed to avoid inevitable avoid inevitable evilevil;;

2.2.NoNo more should be more should be donedone than is than is reasonably necessary for the reasonably necessary for the purposepurpose to to be be achievedachieved;;

3.3.The The evilevil causedcaused must be must be equalequal to the to the evilevil avoidedavoided..

Finally ….Finally ….

The doctrine of necessity has been The doctrine of necessity has been more successful more successful in in medical casesmedical cases. . Such as in Mary vs. Jodie caseSuch as in Mary vs. Jodie case

The Doctrine of necessity can only be The Doctrine of necessity can only be pleaded in pleaded in extreme circumstances extreme circumstances and is often and is often unsuccessfulunsuccessful, such as in , such as in Dudley & Stephens case Dudley & Stephens case …. What …. What happened ??happened ??

Dudley & Stephens caseDudley & Stephens case Dudley and Stephens along with Brooks Dudley and Stephens along with Brooks

and Parker and Parker alone at sea with no foodalone at sea with no food Dudley and Stephens proposed Dudley and Stephens proposed one person one person

sacrifices himself sacrifices himself in order to save the rest in order to save the rest ……

Brooks Brooks dissenteddissented while Dudley and while Dudley and Stephens Stephens decided to kill Parker decided to kill Parker since he since he was the was the weakest and youngest weakest and youngest :(:(:( :(:(:(

The The Three ate parker Three ate parker … :( :( :( … :( :( :( They were They were rescued After 4 days,rescued After 4 days, Dudley Dudley

and Stephens and Stephens were charged with murderwere charged with murder.. ..

The The IssueIssue is is “Whether the killing of Parker “Whether the killing of Parker was murderwas murder considering the circumstances considering the circumstances of this case?”of this case?”

The The necessity of hunger necessity of hunger does not justify does not justify murdering weak and young one ..murdering weak and young one ..

Killing an Killing an innocent life innocent life to save one’s own, to save one’s own, does not justify does not justify murder murder even if it under even if it under extreme necessity of hunger.extreme necessity of hunger.