Understanding the Law Assignment
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Added on 2019-10-18
Understanding the Law Assignment
Added on 2019-10-18
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Understanding LawABC[Pick the date]
Influence of law on the social attitudes, moral values of people and societyLaw is a means to express, manipulate and enforce moral codes[ CITATION Nad09 \l 1033 ]theresult of which, the law must attempt to keep up with the everchanging attitudes and morals.As an instrument of social change, effective laws have always addressed the ever changingsocietal values in a welfare state, while some others have been treated as bad laws. Theassignment analyses the extent to which the legal pronouncement and legislations have hadinfluence on the progression of the society’s morals, values and attitudes.Influence of law on moral normsMoral norms are expressed as rules and principles that the society has agreed upon for thebenefit of the society, and are sustained and shaped by sources such as family, peers’ mediaetc. Legislations touching upon these moral norms or moral judgements have beeninstrumental in influencing moral beliefs. For e.g.: The religious and philosophical beliefstates that the institution of marriage should be only between a man and a woman. Thegovernment by passing The Marriage (same sex couples) Act, [ CITATION gov14 \l 1033 ]believes that opening of marriage to all couples ensures mutual respect and makes a society afairer and an inclusive on. Post the passing of the law, the government has been working hardtowards ensuring that couples wishing to convert their civil partnership into marriage and tochange legal gender while remaining married. This goes to suggest that, although this legislation has proved to be in substantial deviation tothe traditional theory of marriage, it is being gradually accepted that everybody should havesame legal rights regardless of sexual orientation. Statistics also shows that around 60% ofAmerican population support same sex marriage in 2015 (up from about 37% in 2006 and upfrom 55% in 2014) [ CITATION McC15 \l 1033 ]Similarly, judgements of the courts have had considerable impact on moulding socialattitudes. In the case of R v R (1991), the defendant was charged with attempted rape duringthe time that the couple were staying separately. The House of Lords, while holding that therape within marriage is a crime, also stated that the common law “ is capable of evolving inthe light of changing social, economic and cultural developments”. It was held that apart fromproperty matters, one of the most important changes in marriage includes “partnership ofequals and no longer in which the wife is a subservient chattel”. [ CITATION Hel03 \l 1033 ]Ajudgement with a strong message such as this have been instrumental in changing socialattitudes and maintaining gender equality. The result of such positive legislations has strongly motivated the people to adhere and affirmtheir beliefs based on the judgements pronounced by the courts from time to time. In order, toconsistently change as per time, the dynamic nature of the law should reflect acceptability ofthe changing societal norms and values while also attempting to address such issues fromtime to time. Failure to do so can render such legislations as bad laws and therefore anoutdated one. 1
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