1.0: Introduction
1.1: Background Information
Notably, before the emergence of democratic modern governments, human beings had created a way of life that suited social order.[1] This way of life was not complicated but had a simple set of ethics and rules. Law was mainly formed as a subject worldwide at the civilization peak, particularly by the Greek philosophers encompassing Aristotle, who developed philosophical background law to guide people.[2] However, upon the development of law, an issue arose as to whether the condition that had existed hitherto as morals of bad and good opinions were then excluded. Since the law functions in the context of society, the law is unable to refute the moral notions grounded in society. The main reason conferring to the assertions of Roscoe Pound is that the laws in actions are influenced significantly if not determined primarily by public opinions and customs.[3] Societal moral judgment is the ultimate law source suggesting the direct relationship between morality and laws.[4] Based on these issues, it can be argued that there is a special relationship between morality and law. In contrast, others denote that law was mainly a construct of morality. The popular viewpoint based on these arguments is that the law always exists to enhance morality in some sense.
1.2: Problem Statement
The relationship between morality and law has been debated and discussed broadly throughout jurisprudence’s history, but a definitive conclusion still has not been reached. As a result, different scholars have varied opinions on the issue. According to scholars such as Austin, the law should be independent of morality based on his law theory.[5] Contrarily, other scholars like Immanuel Kant perceive morality and law as related.[6] Based on his assertions, laws operate in the same way as morality.[7]Therefore, the issue is intensely practical, forming the basis for this study.
1.3: Research Question
What is the relationship between criminal law and morality?
1.4: Research Aim
To show that based on the relationship between criminal law and morality, a complete dichotomy primarily between morality and law is unsound.
1.5: Research Objectives
- To analyse the concept of law in contemporary times
- To investigate the concept of morality
- To discern the effects of the relationship between morality and law
1.6: Research Methods
This qualitative secondary study collected data mainly from credible law databases through the university library. Secondary studies were used because they readily provide in-depth information on the topic. Secondary studies included case laws, statistical government publications, journal articles, and books. Only sources polished from 2015 to 2022 were utilised to provide updated information on the topic. The study excluded sources with self-reported measures of data instead of objective measures. Self-reported sources were excluded as they are biased because of social desirability, making them inaccurate. The study also used sources published from 2014 to 2021 to give updated data on the topic. Sources with self-reported data measures instead of objective measures were excluded. Self-reported sources are biased due to social desirability making them inaccurate. Documentary research was used in the analysis of the research topic. Documentary research is mainly performed to assess a given set of documents for social or historical value to develop a more extensive narrative by researching multiple documents on a particular event. [8]
1.7: Structure
The research is divided into five sections. The introduction section gives background information on the topic. The second section outlines the concept of law, while the third section focuses on the concept of morality. The fourth section critically analyses the relationship between morality and criminal law. In conclusion, a summary of key points is given with implications of the study.
2.0: Concept of Law
2.1 Description and Importance of Laws
The concept of law denotes rules of conduct within the society of a binding legal effect and force, recognized, prescribed, and enforced by a supreme authority.[9] The law mainly functions as glue binding a given society by imposing different penalties on the lawbreakers. The supreme body typically implements the law in a given country, and the implementation without powers renders it void.[10] In the UK, the body bestowed with the authority of enacting the laws and ensuring human rights protection is the parliament.[11] Therefore, such assertions make a country’s law the body of rules backed by appropriate sanctions. Although ‘law’ as a term is complex and subject to different distinctions, all its characteristics, particularly in a generic sense, are entailed in the term’s classic definition. According to the classic definition, a law is a reason ordination for the common good by an individual with the care of the society and promulgated.[12]However, it is worth noting that because different forms of laws vary in their causality, it can be observed that the term is analogously predicated and not the forms of law univocally.
There are different ways in which the laws are enforced within a county. Based on the concept of law, the citizens of a given nation cannot infringe any law provisions because it amounts to appropriate punishment. However, the law is also fair in that it provides the citizens with different rights to ensure respective laws are enforced accordingly, especially by the authorities. For example, in the European Convention of Human Rights (ECHR) Article 2, the citizens’ right to life is provided, and the law also protects it.[13] One of the most important laws in the UK is the Human Rights Act, which ensures equal treatment of everybody in the country.[14] The parliament of the UK as the law-making institution formed the Supreme Court in respect to any law dispute as to the final appellate court in the country. As a result, the Supreme Court’s primary functions are law interpretation and protection of citizen rights. The country’s judges are usually vigilant in decision-making by considering the ECHR provisions to ensure they make the right decisions. [15]Laws mirror a given society’s social, economic, and political relationships. Apart from that, it primarily determines the duties and rights of the citizens towards the state and one another. Based on these assertions, it can be implied that through the enforcement of laws, the government can maintain order in the country.
2.2 Concept of Law According to Hart
The legal system as a command body must entail a network of relevant rules. The main reason is that the essence of being ruled is not always adequate in differentiating a judicial order from other social institutions that employ the justification standards. For this reason, one of the renowned law philosophers known as Hart acknowledged that the legal system’s distinct structure could not be involved in it being only a set of rules. [16]Therefore, Hart managed to introduce different elements into his concept of law examination. The initial addition confirms that law is primarily the unification of two unique rules forms, and Hart referred to them as the secondary and primary elements. The second form of rules details how the first forms of regulations are to be interpreted, formulated, abolished, and amended based on Hart’s viewpoints. [17] For example, according to Human Rights Act Article 10, everybody in the country has the right to expression freedom. However, as a second set of rules, this law states that freedom may be subject to restrictions, penalties, and formalities in some situations.[18] Therefore, according to Hart, the first set of rules ascertains the behaviour regulation while the secondary controls are accountable for informing or regulating other laws.
The views of Hart are also supported by those of John Austin, mainly in the submission he made in the positivistic view school, positing that the concept of law is a set of rules which govern society.[19] Austin further conferred that laws are generally designed by the authorities at the top to assist in ruling their subordinates. Unlike Hart, Austin believes that the law denotes how the authorities at the top communicate their requirements to the community. [20]The communication is done by offering sanctions for the committed offenses by the subordinates. However, this definition of law does not hold because it infers that the law was created chiefly for the subordinates and not applicable to those in authority. It is evident that the concept of law from the viewpoint of Austin denotes that the law is the rule designed by people, particularly those in authority, to suit their wants.
Likewise, Austin views the concept of law as mainly an expression of sovereign people’s desire in a given state.[21] The assertion is supported in cases where the sovereign (country) mandates citizens to behave in a way that is even against their will, such as the Covid-19 restrictions. In the UK, Coronavirus Act 2020 was meant to help the people stay safe and prevent the spread of the virus, even against their will, as seen from the widespread opposition of this law in some parts of the country.[22] Nevertheless, such provisions are backed by the credible application of force and threat, and the people are assured of punishment if they oppose such moves. The law relies upon the political authorities’ wises as the sovereign institution. This argument confers that every rule originating or emerging from the sovereign becomes a command. [23]For these reasons, law consists mainly of numerous orders designed by those in authority, as mentioned above.
2.3 Enforcement of Laws
Every legal system needs to offer the penalties for the offenses prohibited by the laws in any given country for the laws to be obeyed. In the concept of the law, the sanctions are the negative factors that will be incurred if the rules are disobeyed and consist of how the duties or powers are enforced. [24]As a result, the concept of sanction is more comprehensive than punishment in the concept of law. The main reason is that the reward for submission on the command hardly can be termed a penalty. Thus, in this case, the control embraces issues such as the desire or wish perceived by the rational person to another sensible individual forbearing the commanded individuals.
In contrast to the above assertions, it is apparent that every law command has limitations. The main reason is that some laws offer enactment and amendment processes but do not always impact a community’s lifestyle. Apart from that, some of the country’s Acts only highlight the favourable laws, which are declaratory of the existing ones, such as the Equality Act of 2010.[25] In another view, it can be denoted that the concept of law is mainly the body of rules from God to guide human beings to live in harmony. Therefore, human beings promote primarily the principles laid down already by God. For instance, God provided Moses with the Ten Commandments, and he delivered them to the people for moral guidance throughout their journey in the wilderness. As such, human beings must promote these principles in a moral manner, which establishes the relationship between laws and morality.
3.0: Concept of Morality
3.1 Description of Morality and its relationship with Law
Morality entails a set of rules of conduct associated with specific distinctive social and psychological attributes and impacts different aspects of life. Specifically, the moral law has the attribute that when individuals obey the rules, they will experience the sentiment known as virtue.[26] Contrarily, if individual disobeys the rules, they are likely to feel the guilt sentiment. In a normative sense, morality consists of codes of conduct that are acceptable by anybody who meets specific volitional and logical circumstances, which always entails being rational.[27] Based on these assertions, the law can mainly be differentiated from morality essence by having written penalties, rules, and the officials capable of interpreting the laws and sanctions expressly.[28] These assertions infer that laws are well defined and written even though morality and laws are related.
Although there is usually a substantial overlap in the directed conduct by morality and the law overseen, rules are constantly evaluated and changed based on moral grounds. An excellent example in the UK is laws associated with abortion, such as the 1967 Abortion Act. [29] In the past, abortion was viewed as morally wrong, but this belief later changed, leading to the law’s introduction. The primary reason is that most morals are not written in any form, making them prone to change and shift with time. In the contemporary world, over time, the moral viewpoints of people concerning different issues have changed significantly. For example, unlike in the past same-sex marriage is presently considered moral.[30] Other issues that have also changed include pre-marital sex and the use of cannabis, among others. It is apparent that while most people formerly considered these activities publicly as ‘bad,’ the more significant majority presently view them as ‘appropriate.’ Another example is that in different societies within the same country, contraception is still unethical based on the differences in locations, cultures, and faiths. Nonetheless, some people in different communities believe that contraception is moral for various reasons.[31] Those who support contraception believe it is good because it controls the population and averts unintended pregnancies. Based on these assertions, it is apparent that moral values vary according to culture and faith, unlike law, which is always the same either within a country or internationally based on a given geographical region such as the European Union.
3.2 Key Morality Theories
Some renowned theorists such as Ronald Dworkin have denoted that the law interpretation must utilise morality to be effective. [32]The main reason is that law and morality function according to each other, and law governs morality. Similarly, good morals typically encourage the implementation of moral codes in society. This viewpoint denotes that in a society where legislators have no moral conscience, they usually make laws that ruin their society. There is also an open link between people who enforces the rules and the legal system in a given state. Therefore, the law impacts every facet of life because it governs the conduct of the society members from the basis to the critical levels. In any developed society, a complex body of rules is established and implemented to regulate the members’ behaviours to bring value to the community based on their moral values. [33]The laws govern working conditions by offering the minimum safety and health standards such as the Equality Act and Human Rights Act. Based on these findings, it can be inferred that the set laws in the country also guide morality because moral values are only practices in a country if they conform to the laws.
Apart from that, natural law theory protects individuals against unjust laws in society. The protection is done by maintaining the synchronisation of law with morality. Thus, it is palpable that morality is mainly an indispensable aspect of justice.[34] Immoral laws are viewed as unjust, and inevitably these laws become despotism and oppression instruments. For example, the UK Equality Act 2010 superseded and consolidated previous laws deemed immoral because they discriminated based on race.[35] For these reasons, rules need to act always in harmony with the precepts of morality. The main reason is that society would not effectively function because laws can degrade society in the absence of moral rules.
Nonetheless, proper implementation of the law is also based on the notion of self-enforcement. Self-enforcement is grounded on the assertion that an individual has the moral obligation within the legal system to behave as instructed by the judge. Accordingly, appealing to an individual’s honest opinion does always reverse the fact that the appeal functions as a law enforcement mechanism in such situations. More importantly, no absurdity is evident in the concept of the moral system that specifics, which the physical sanction implementations should punish classes of wrongdoers. As a result, the fact that such penalties manly for a moral resolve may be viewed as a legal offence fails to invalidate the implementation of appropriate punishments. The main reason is that the deviation of the people from upholding the ethical principles leads to an increase in immoral activities in the society such as murder, robbery, and sexual abuses, among others.
On the other hand, conferring to Immanuel Kant, the difference between morals and law is apparent based on their functions. Kant posits that morality governs mainly people’s inner motivation and life while law regulates their external relations with others and society.[36] The Kantian theory suggests that law needs external compliance with the current regulations and rules, despite the underlying motive. Contrarily, morality primarily appeals to the conscience of human beings in their daily lives. Thus, the imperative moral mandates that individuals act based on praiseworthy intentions and an ethical duty sense.[37] As an outcome, morality based on this theory is viewed as autonomous, while the concept of law is heteronomous.
Another theory that deals with law and morality are the liberal view, also known as ‘the harm to others principles,’ expounded in 1859 by John Stuart Mill.[38] Based on this theory, the only purpose of exercising power rightfully over other members of civilised society against their will is to avert harm. However, Mill postulated that the law, even if it is related to morality, should not be applied to enforce societal moral principles but to protect society from harm. [39] Criminal offences common in society, such as murder and other non-fatal offenses are examples of the form of harm that Mills believed the law needs to enforce. In essence, these offenses are also in violation of moral principles in that they are committed mainly by people who are immoral in society.
Similarly, a standard theory that helps explain the concept of law and morality is based on the Moralistic view. This theory primarily deals with the principles regarding the harm to society, and Lord Devlin developed this theory in the 1950s.[40] In his opinion, Devlin acknowledged that a recognised morality is essential to the being and essence of society. He believed that if necessary individual freedom and liberty need to be curtailed to protect the moral fabric of the society.[41] Devlin envisaged morality mainly in an objective manner, regarding it as a common morality to all members of society. Thus, according to these assertions, a society may apply the law to preserve morality in safeguarding its existence.
4.0: Analysis of the Relationship between Law and Morality
4.1 How Morality Prevents Crime Based on Criminal Law
The natural law theory views law as the core morality concept of legitimate power and is neutral morally to the power essence. This assertion demonstrates some central concepts between law and morality, which make them function concurrently.[42] For example, judges typically contemplate legal provisions and moral principles before making decisions based on law and morality in every case. The natural theory of law attempts to argue further that human beings usually are united and devoted to one another based on their conception of law and morality.[43] Thus, law and morality are mainly integrated to the degree that the presence of one corroborates the existence of the other in society.
Both law and morality are meant to protect human beings in society. Human beings have an obligation to take care of one another from different factors such as attacks and actions that might negatively impact the peace in the community. For this reason, morality forbids indecent acts in society, and the law installs punishment for such acts when committed. In the case of Donoghue v Stevenson, Lord Atkin postulated a legal concept from the moral concept, in the process modifying the latter deliberately to the former’s requirements.[44] In a statement, Atkin explained that if morality requires one to love their neighbour, then the law mandates that an individual not harm the neighbour. In the case of Donoghue v Stevenson, the relationship between law and morality was confirmed by considering the relationship between human beings in society. As evident from this case, both law and morality are the fundamental entities for society to develop.[45] The main reason is that they both prohibit mandatorily immoral acts in the community like murder. Apart from that, several criminal and tort law provisions address the obligation that an individual’s neighbour should be legally and morally protected.
The social relationship offered by both law and morality creates a connection sense between these two concepts. For example, this connection can be formed on the general adherence to intellectual or ideological commitments, positive moral and spiritual sharing, and beliefs.[46] This relationship means that a society cannot be united if both the concept of law and morality are not linked. Based on this viewpoint, a community is mainly built on the concurrent functions of moral and legal principles. As a result, the principles of natural law assert that morality and law should synchronously operate for them to be effective. Law and morality are perceived as close entities, which cannot function without the existence of each other. [47]The main reason is that good morals assist in designing good laws, while wrong morals are related to the implementation of immoral acts.
Overall, the law is a principle set, enforced, and implemented by the sovereign states. At the same time, morals are the beliefs and standards of behaviour developed and enforced by the members of society. In sovereign democratic countries, such as the UK, the parliament is the arm of the government recognised for law-making. For example, the UK’s constitution states that the federal parliament is the only body authorised to enact the laws. Nonetheless, for the proper administration of the country, other bodies have been permitted to implement subsidiary legislation primarily in ordinances, orders, and decrees. In the same light, morality is made communally, especially by the elders of a given community. Based on these findings, it is apparent that the law ensures moral character regulations of society members, cementing the relationship between the two further.
Apart from that, it can be inferred that laws are generally grounded on moral, societal ideals for them to work. As mentioned earlier, this connection is grounded by the fact that both govern the behavior of individuals in society and have significant impacts on one another. In a similar manner to morality, the social, economic, and political ties in any society are mirrored in the nation’s laws. Some of these laws are the Equality Act and the Human Rights Act. [48]The Equality Act protects individuals from discrimination in the workplace and society. Thus, both concepts of law and morality establish the rights of individuals and responsibilities to the state and one another, as seen in both the Equality Act and the Human Rights Act. The Human Right Act outlines the fundamental freedoms and rights everybody in the country is entitled to in their daily lives.[49] Therefore, based on this relationship, good laws can assist in arousing an individual’s moral consciences and, at the same time, establish and sustain conditions fostering moral growth.
The relationship between the concept of law and morality can also be explained from the viewpoint of politics. In actuality, politics and morality are linked inextricably. The general welfare development and individual’s moral perfection is the ultimate state goal. Based on this relationship, it is the obligation of the state to implement legislation that can raise the people’s moral standards in the country. For this reason, the laws of a state must adhere to the dominant moral norm. According to popular morality, the law is not only the sovereign’s order but symbolises the concept of evil and good. Moreover, obedience to any law relies on the people’s active moral emotions in supporting such laws. Subsequently, it is apparent that laws that are not backed by the moral conscience of the public are not effective. Examples of such laws are those dealing with the restriction of tobacco product use in society. Since there is a lack of public moral conscience and no morality on the part of an individual, such laws are viewed as void. They are accepted only in the books, but they are not working as many people still smoke and use different tobacco products in the country.
The primary aim of criminal laws is to reduce illegal activities to the level in which society can effectively absorb the negative impacts of crime without threatening its stability. As a result, the goal of criminal law is to ensure that destructive social activities are less harmful as possible within a given society. This assertion is not intended to discard the a posteriori connection between crimes and morals in the sense that it might be immoral to conduct an activity that is proclaimed as criminal because one is obligated morally to follow the favourable laws of society. Although the concept of legality and morality can be distinguished, they are not totally separate entities. They are related by the assertion that they aim to maintain society’s social order. For example, there is a wrong actions” set that the morals and laws react to with considerable hostility. These are murder, arson, robbery, and rape, among other criminal activities. Anything that is believed to surge the moral culpability of a given crime is perceived as a justification to raise the harshness of the punishment based on the law.
4.2 Law as a Determinant of Morality
Morality legal determinants are required because there are cases in which people can agree on moral values, but there is no way to translate them into in-depth obligations apart from by law. This sentiment denotes that the concept of morality can be upheld well in society if legal solutions accompany them. Legal solutions guiding morality are commonly thought carefully and well informed technically. For example, although it is apparent in the UK that drivers are required to maintain their vehicles in good conditions to prevent injuries to others and accidents, the drivers might not know the special precautions to take to uphold this moral obligation.[50] Thus, the regular MOT test gives clear direction on maintaining this moral obligation. MOT tests ensure that every UK vehicle is tested yearly to ascertain its roadworthiness. Specific laws are required in such cases to make it possible for the citizens to fulfill their obligations and assist in guiding them better. For example, it is illegal to utilise a non-exempt car in the UK, which needs a test without a present MOT as outlined by the 1988 Road Traffic Act.[51] Although legal determination in some cases may not be decisive, nearly it is usually relevant in moral reasoning, proving the direct relationship between law and morality further.
However, in some cases, the law as a determinant of morality does not usually work, leading to moral conflict in society. Individuals’ different values cause moral conflicts, and it is hard to do what is believed to be good in such cases, even if it is outlined in the law, especially when dealing with a controversial issue.[52] In every society, people have various values and each in themselves is good based on their views. Apart from that, they might have the same moral values but differently rank them based on their experience and cultural background. An excellent example of moral conflict, outlined in English law, is abortion. In England, a woman can have a legal abortion based on the 1967 Abortion Act from 6 days up to 23 weeks of pregnancy. [53]Despite being outlined by the law that abortion is legal in the country given the set conditions, some people still rule it out irrespective of the circumstance. The only exception for such people is when pregnant women’s lives are at risk. Those totally against abortion have moral conflict because of their values and commitment to preserving human life. Thus, in their view, the value of respecting human life is a priority that the law and other values cannot override.
Noteworthy, the law is also responsible for resolving any moral conflicts in society, especially when they cannot be solved mainly through moral reasoning. In these instances, moral conflicts can be disruptive in society because they create an injustice sense on the portion of the community, which regards the controversial issues as wrong.[54] As a result, cooperative morality seems to need the intervention of political authority or the state to intervene through the formulation of protective laws. The primary reason why there is a need for an intervention is that it is the responsibility of the political entities or state to ensure there is justice through the formulation and implementation of just laws. Moral conflicts in society are solved through cooperative morality. Cooperative morality applies to a community or group of people and not the group’s individuals.[55] Remarkably, the international community and sovereign states can be viewed as communities of a particular kind. Noteworthy, the formal laws made by the state, even if it is controversial to some people, such as abortion laws, apply to everybody within the state. This assertion shows that the law, in some cases, has the power to dictate people’s moral values within a community, particularly in controversial issues such as abortion.
5.0 Conclusion
The research question has been answered in that there is a significant relationship between law and morality in different ways. Based on the findings of this study, laws and morality are related to the level that the presence of one primarily corroborates the existence of another. The main reason is that both morality and laws, in most cases, are intended to protect human beings and society in general by ensuring that the people live in harmony. However, in this relationship, laws usually are superior to morality due to the nature of laws and how they are formulated. In a genuine sense, the laws always govern and overrule morality in a given country. It should be noted that the main reason why laws are viewed to be superior to morality is that morals are from the communal context and not formed by recognised bodies such as the parliament in a country compared to laws. As such, most of the morals in society are classified within unwritten laws. As a result, laws are meant to help maintain the acceptable morals in society and set specific punishments if they are not followed, leading to a strong relationship between morals and laws. This viewpoint denotes that laws are a morality determinant in society because morality can only be practiced if allowed by law. For this reason, morals values that are against the enacted laws are typically removed from the community and declared illegal. Subsequently, laws viewed as immoral in society are typically repealed, confirming the relationship between laws and morality.
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[14] ‘Human Rights Act 1998′ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1998/42/contents> accessed 20 March 2022
[15] Ní Shúilleabháin, Máire, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’ (2019) 33 International Journal of Law, Policy and The Family 104
[16] Sheppard, Brian, ‘Warming up to inscrutability: How technology could challenge our concept of law’ (2018) 68 University of Toronto Law Journal 68
[17] Priel, Dan, ‘Law as a social construction and conceptual legal theory’ (2019) 38 Law and Philosophy 265
[18] Ibid
[19] Ződi, Zsolt, ‘Felix Somló and John Austin building blocks of two analytical theories’ (2018) 59 Hungarian Journal of Legal Studies 156
[20] Ibid
[21] Rubin, Edward L., ‘Regulatory Analysis and the Modern Concept of Law: A Response’ (2018) 68 Am. UL Rev 110.
[22] Coronavirus Act 2020 (c. 7)
[23] Ibid
[24] Kirkby, Coel, ‘Law Evolves: The Uses of Primitive Law in Anglo-American Concepts of Modern Law, 1861-1961’ (2018) 58 American Journal of Legal History 553
[25] ‘Equality Act 2010’ (Legislation.gov.uk, 2022) < https://www.legislation.gov.uk/ukpga/2010/15/contents> accessed 20 March 2022
[26] Apressyan, Ruben, ‘Towards conceptualization of morality in the early Modern Philosophy’ (2018) 11 Voprosy filosofii 35
[27] Ibid
[28] Guseynov, A. A, ‘Morality and law: a demarcation line’ (2018) 8 Lex russica 7
[29] ‘Abortion Act 1967’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1967/87/contents> accessed 20 March 2022
[30] Paterson, Laura L., and Laura Coffey-Glover, ‘Discourses of marriage in same-sex marriage debates in the UK press 2011–2014’ (2018) 2 Journal of Language and Sexuality 175
[31] Shahvisi, Arianne, ‘Towards responsible ejaculations: the moral imperative for male contraceptive responsibility’ (2020) 5 Journal of Medical Ethics 328
[32] Masanja, Masalu, ‘In Defense of Dworkin’s Theory of’Law as Integrity’, (2021)7 Tuma L. Rev.99.
[33] MacInnis, Luke. “Dworkin’s Unity of Value: An Interpretation and Defense.” Res Publica 26, no. 3 (2020): 403
[34] Crowe, Jonathan, ‘Natural Law and the Nature of Law in a Nutshell’ (2019) 44 Austl. J. Leg. Phil100.
[35] Ibid
[36] Hartman, Robert, ‘Kant does not deny resultant moral luck’ , (2019) 43 Midwest Studies in Philosophy 136
[37] Bojanowski, Jochen, ‘Making Room for Applied Ethics in Kant’ , (2018) M. Ruffing, V. Waibel et al 1745
[38] Casey, Rachel, ‘John Stuart Mill and Social Media: Evaluating the Ethics of De-Platforming’ (2014) 4 U. Cent. Fla. Dep’t Legal Stud. LJ 15
[39] Ibid
[40] Devlin, Lord. “Mistaken for Consensus: Hung Juries, the Allen Charge, and the End of Jury Deliberation.” Radical Enfranchisement in the Jury Room and Public Life (2020): 39.
[41] Rai, Tage S. “Higher self-control predicts engagement in undesirable moralistic aggression.” Personality and individual differences 149 (2019): 152
[42] Rashid, Muhammad M, ‘St. Thomas Aquinas and the development of natural law in economic thought’ (2020) 7 Journal of Economic and Social Thought 7, no. 1 (2020): 18.
[43] Simons, Kenneth, ‘Self-Defense, Necessity, and the Duty to Compensate, in Law and Morality’ (2018) 55 San Diego L. Rev. 357
[44] Abhyuday, ‘Donoghue vs Stevenson’ (2021) 2 Jus Corpus LJ 2
[45] Muhammad( n 34) 21
[46] Ibid 18
[47] Kenneth (n 35)
[48] ‘Equality Act 2010′ (Legislation.gov.uk, 2022) < https://www.legislation.gov.uk/ukpga/2010/15/contents> accessed 20 March 2022
[49] ‘Human Rights Act 1998’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1998/42/contents> accessed 20 March 2022
[50] ‘Road Traffic Act 1988’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1988/52/section/192> accessed 20 March 2022
[51] Ibid
[52] Liu, Brittany S., and Peter H. Ditto, ‘What dilemma? Moral evaluation shapes factual belief,’ (2013) 4 Social Psychological and Personality Science 321
[53] ‘Abortion Act 1967’ (Legislation.gov.uk, 2022) <https://www.legislation.gov.uk/ukpga/1967/87/contents> accessed 20 March 2022
[54] Brittany ( n 3)
[55] Gellner, David N. and Others, ‘Debate: Morality is fundamentally an evolved solution to problems of social co-operation’ (2020) 26 Journal of the Royal Anthropological Institute 418
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