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Published online by Cambridge University Press: 15 April 2014
The link between law and morality has been hotly debated by lawyers and philosophers over the years. This article takes as its starting point the assumption at the beginning of the twentieth century that it was the responsibility of courts and their judges to enforce and promote Christian morality. During the course of the twentieth and early twenty-first centuries that assumption has been comprehensively undone. This article examines the key points in the development of judicial approaches to law, morality and religion that have led to a completely different approach to such questions in the courts today.
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3 Upfill v Wright [1911] 1 KB 506.
4 Ibid, at 510.
5 That is, a claim under s 14 of the Trustees of Land and Appointment of Trustees Act 1996.
6 Heglibiston Establishment v Heyman (1977) 36 P&CR 351.
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19 Campbell and Cosans v United Kingdom (No 2) App No 7511/76 (ECtHR, 25 February 1982), at para 36.
20 Moscow Branch of the Salvation Army v Russia, App No 72881/01 (ECtHR, 5 October 2006), at para 58.
21 Westminster City Council v C and Others [2008] EWCA Civ 198, [2009] Fam 11.
22 Re T (Minors) (Custody: Religious Upbringing) (1981) 2 FLR 239 at 244–245.