A Critical Analysis of the Relationship between Law and Morality

Academic Paper , 2021 , 53 Pages , Grade: 9.8

Philosophy - Practical (Ethics, Aesthetics, Culture, Nature, Right, ...)

This analysis aims to investigate the relationship between law and morality and whether the connection is necessary.

In this project, I will be analyzing the relationship between morality and the law, emotive topics concerning euthanasia and whether it should be legalized in England, including arguments for and against referring to philosophy and case law. I will be looking at the issue from an ethical perspective, raising many legal matters including the right to life, the right to liberty and the rights and duties of doctors, as well as opposing views taken by religious people referring to case law throughout.

Table of Contents

• Introduction
• Morality
• The Major Themes of the Research Project
• The Relationship between Law and Morality
• The Difference between Law and Morality
• The Concept of Euthanasia
• Why Moral Law Relating To Euthanasia Is Suitable For In-Depth Analysis
• Euthanasia as Murder
• Right to Die
• Autonomy
• R (Pretty) V DPP
• Three Theories Dealing With Law and Morality
• Liberal View, Discusses Harm To Others. John Stuart Mill 1859
• Moralistic View Harm So Society Principles. Lord Devlin 1960 & RV Brown & Others
• RV Brown
• Paternalistic View - Harm to Self & Others; Professor Hart 1960 "Focus on the Individual"
• Analysis of the Groundwork of the Metaphysics of Morals - Immanuel Kant

Objectives and Key Themes

This work explores the complex relationship between law and morality, focusing specifically on the concept of euthanasia. The author aims to analyze the legal and moral arguments surrounding euthanasia, considering different philosophical perspectives and legal precedents.

• The nature of law and morality and their interconnectedness
• Different theories of law and morality, including liberalism, moralism, and paternalism
• The legal and ethical implications of euthanasia
• The significance of autonomy and the "right to die" in the context of euthanasia
• Key legal cases and their impact on the understanding of euthanasia

Chapter Summaries

• Introduction: This chapter defines the concept of law as a body of rules enforced by a supreme authority, highlighting the role of law in maintaining order and protecting human rights. It introduces the key concepts of parliamentary sovereignty and the European Convention of Human Rights.
• Morality: This chapter delves into the concept of morality, examining the major themes of the research project and exploring the relationship between law and morality. It analyzes the difference between law and morality and introduces the concept of euthanasia, highlighting its suitability for in-depth analysis.
• The Major Themes of the Research Project: This chapter lays out the key themes and arguments that will be explored throughout the research project. It examines the concept of euthanasia as murder and explores the "right to die" and the principle of autonomy in the context of euthanasia.
• The Relationship between Law and Morality: This chapter discusses the complex relationship between law and morality. It explores the legal and moral justifications for euthanasia and examines the arguments for and against its legalization.
• The Difference between Law and Morality: This chapter delves into the distinction between law and morality, exploring the different spheres of influence and their potential points of conflict.
• The Concept of Euthanasia: This chapter provides a detailed analysis of the concept of euthanasia, examining its definition, different forms, and the legal and ethical considerations surrounding it.
• Why Moral Law Relating To Euthanasia Is Suitable For In-Depth Analysis: This chapter explores the reasons why the moral law surrounding euthanasia deserves in-depth analysis. It examines the complex ethical dilemmas and societal implications of euthanasia.
• Euthanasia as Murder: This chapter investigates the argument that euthanasia is morally equivalent to murder. It considers the ethical implications of taking a life, even with consent, and explores the arguments against legalizing euthanasia on the grounds of its potential to devalue human life.
• Right to Die: This chapter examines the concept of the "right to die," analyzing its legal and moral justifications. It explores the principle of autonomy and the right to self-determination in the context of end-of-life decisions.
• Autonomy: This chapter delves into the principle of autonomy, exploring its significance in the context of euthanasia. It examines the ethical and legal implications of respecting individuals' right to make their own choices about their bodies and lives.
• R (Pretty) V DPP: This chapter analyzes the landmark legal case of R (Pretty) V DPP, which dealt with the right to die and assisted suicide. It explores the legal arguments presented in the case and its impact on the understanding of euthanasia.
• Three Theories Dealing With Law and Morality: This chapter examines three prominent theories of law and morality: liberalism, moralism, and paternalism. It discusses the core principles of each theory and their implications for understanding the relationship between law and morality in the context of euthanasia.
• Liberal View, Discusses Harm To Others. John Stuart Mill 1859: This chapter examines the liberal view of law and morality, focusing on the principle of harm to others. It explores the ideas of John Stuart Mill and their relevance to the debate over euthanasia.
• Moralistic View Harm So Society Principles. Lord Devlin 1960 & RV Brown & Others: This chapter examines the moralistic view of law and morality, focusing on the concept of harm to society. It explores the ideas of Lord Devlin and the case of R v Brown, examining their implications for the legalization of euthanasia.
• RV Brown: This chapter analyzes the specific case of R v Brown, focusing on the legal and moral considerations surrounding the case. It examines the moralistic view of law and morality in the context of this specific case.
• Paternalistic View - Harm to Self & Others; Professor Hart 1960 "Focus on the Individual": This chapter examines the paternalistic view of law and morality, focusing on the principle of harm to self and others. It explores the ideas of Professor Hart and their relevance to the legalization of euthanasia.
• Analysis of the Groundwork of the Metaphysics of Morals - Immanuel Kant: This chapter examines the philosophical work of Immanuel Kant, particularly his "Groundwork of the Metaphysics of Morals," and its relevance to the concept of euthanasia. It explores Kant's ideas on morality and autonomy, and their implications for the debate over euthanasia.

Keywords

The primary keywords and focus topics of this text include law, morality, euthanasia, autonomy, right to die, liberalism, moralism, paternalism, harm, John Stuart Mill, Lord Devlin, Professor Hart, Immanuel Kant, and legal precedents.

• College: Kampala International University (Kampala International University)
• Course: Law
• Grade: 9.8
• Author: Shadrach Etin (Author)
• Publication Year: 2021
• Pages: 53
• Catalog Number: V1038415
• ISBN (eBook): 9783346458759
• ISBN (Book): 9783346458766
• Language: English
• Tags: Kennecy Kiwulo, Onyango Henry