Active learning ideas
The relationship between law and morality is a foundational debate in legal theory. Students explore whether the law should reflect a shared moral code or if it should remain neutral, focusing only on preventing harm. This topic introduces the classic Hart-Devlin debate, sparked by the Wolfenden Report's recommendations on decriminalising homosexuality, and examines how these theories apply to modern issues like assisted dying and abortion.
Activity 01
Divide the class into 'Team Hart' (law should not enforce private morality) and 'Team Devlin' (law is the 'cement' of society and must protect shared morals). They debate a modern issue, such as the regulation of adult content, using these theoretical frameworks.
To what extent should the law enforce moral values?
Activity 02
Students read a summary of Lon Fuller's famous 'Case of the Speluncean Explorers.' They pair up to decide if the trapped explorers who committed cannibalism should be convicted, comparing a strict positivist approach with a natural law approach.
What are the differing views of natural law and legal positivism?
Activity 03
Display scenarios where law and morality clash, such as a 'Robin Hood' thief or a person helping a terminally ill relative die. Students move between stations to mark where they think the law should intervene and where it should stay out.
How do contemporary cases reflect the debate between law and morality?
A few notes on teaching this unit
Watch Out for These Misconceptions
Law and morality are the same thing.
While they overlap, many laws are not moral (like driving on the left) and many immoral acts are not illegal (like lying to a friend). Using a Venn diagram activity helps students visualise the areas of overlap and the distinct differences.
Legal positivism means you agree with every law.
Positivism just means you recognise a law is *legally valid* because it followed the correct process. You can still think a law is morally wrong and should be changed. Peer discussion of 'unjust laws' helps clarify this distinction.
Methods used in this brief