Law And Morality ✝️ Flashcards
(151 cards)
1
Q
What do legal positivist Believe ?
A
Law which is made in the correct way is valid
2
Q
What do natural law theorist believe?
A
Law must be at a higher compatibility with higher authority - GOD
3
Q
What are morals ?
A
Beliefs and values shared by society
4
Q
What is law?
A
The bodies of principles recognised and applied by the state in the admission of justice - Sir John Salmond
5
Q
What are the several meanings of law ?
A
All
laws that govern our lives
And specific such as criminal law
6
Q
What did John Austin say about legal positivism?
A
Law which exists as law though we happen to dislike it
7
Q
What did Austin say about legal positivism within the command theory ?
A
Law is a command by the sovereign re- enforced by sanctions
Sovereign is the state
8
Q
What did Professor Hart criticise about Austin’s command theory?
A
Too simplistic it’s difficult to identify the sovereign -Not all law those fit in the theory contract law 
9
Q
What did Professor heart state that the legal system has?
A
Two different rules
Primary rules - impose legal obligations or grant power eg acts like the theft act 1968
Secondary rules - concerned with the operations of the primary rules
Eg. delegated legislation and processes
10
Q
What’s natural law theorists believed the validity of man-made law depends on?
A
Compatibility with higher authority
11
Q
What does Thomas Aquinas believed? 
A
As a natural law theorist- must follow divine law - standards that we must foollow in to attain salvation
12
Q
What does FULLER say in his book of morality of law as a natural law theorist ? 
7 things !
A
To be trurly legal the legal system must fit in the requirements
generality-There should be rules and not ad hoc judgement - rules set in Advance and people are treated the same with same case
Promulgation- rules Made known to all of those affected by them
Nonretroactivity - also not have a retrospective effect (cannot change multiple times )
Clarity- rules should be understandable
Consistency - rules should not conflict
Realism - people should not be required to do the impossible
Constancy- rules should not be changed so frequently
Congruence - the administration of rules should concise with the information available to the public
13
Q
What are UK morals are being dictated by ?
A
by dominant religion Christianity
14
Q
What do debated on morals tend to centre on ? 
A
Sexual issues
life-and-death
medical issues
15
Q
What did DURKHEIM argue That it’s difficult to?
A
Difficult to pinpoint a set of moral values shared by all
16
Q
What is it easier for less developed societies to agree on?
A
A moral code
17
Q
What did the DURKHEIM say that societies which are more traditional tend to have?
A
Collective consciousness
18
Q
What does a society being incredibly diverse make it less easy to do? 
What kind of consciousness did DURKHEIM say this is ?
A
To Agree to people having
different jobs
religious perspectives
social status
A more individual consciousness
19
Q
What does the DURKHEIM argue that collective consciousness is essential to? 
A
Strengthen morality 
20
Q
What changes over time ?
A
Moral and legal rules
21
Q
What change comes first ?
A
Legal changes come after moral ones
What society agrees something is immortal may become legal
22
Q
What are some examples of moral changes that lead to legal changes?
A
R v R
The abortion act 1967
Slavery abolishment
Divorce bill 2008
23
Q
What are some legal changes that may lead to social morality ?
A
Duster - legalisation of morality - history of drug control in America
Was legal in 19th century - restricted for upper class
- morphine ❌ social stigma
The Harrison act 1914 - made it illegal - had to go to the criminal underworld to get them - LC - more contact
Social stigma - born out of legalisation -making drugs illegal lead to cries for greater control over Thoes taken them
Race relations act 1965 opposed by parliment but paved the way for equality legislation
24
Q
What are the similarities between laws and morals ? (4)
A
- They are both normative-Into draw the line between what is acceptable and not acceptable behaviour - DL Precedent theft act
- Legal rules - Backed up by sanctions fines compensation community services
Disapproval for friends and family - being shunned by society
- Laws can can vary from society to
Society - soft drugs euthanasia - Areas of law - present modern day issues - MPs allows to vote using own moral code - not a party line - “vote of conscience” - used for capital punishment
25
What are the 8 examples of the similarities between laws and morals
In some areas of law such as criminal law The is an obvious moral implication - harming or stealing from others
Vastly opposing views on whether abortion is taking human life or Woman exercising control on her body
abortion act 1967
R V R - Societies changing attitudes towards marital relationships - rape is possible
Changing in police attitudes towards domestic violence - duty to protect goes over right to privacy
Eg - cohesive control
Reasonable man test and criminal acts- to measure against the moral standards of society - Barton V Booth in theft - Blyth V Bath waterworks
Whether the Law uses words like maliciously
dishonesty theft act 1968
there is a moral tone indicating that Person has acted below the standard expected for society
tort nuisance GBH murder definition

Criminal omission deal with moral obligations- responsibility for another Stones V Dobinson
Civil law - moral issues
26
What is the difference between law and morality?
Morality develops over a long period of time but is it possible for law to be introduced instantly
Morality cannot be deliberately changed - long time for society to accept changes in behaviour like homosexuality
law can change quickly is can be decriminalised overnight
27
What does morality depend on?
Voluntary code
Law - enforceable
28
What does law have?
More precise content AR and MR of theft
Morals are less precise
29
What do you laws apply to? 
Everyone whereas morals do not apply to everyone
30
What are morals not usually subject to?
Formal adjustication
31
What are some examples of the differences between law and morality?
Gillick V West Norfolk - X immoral to give contraception to go with him or more to offer her protection because someone wanted pregnancy
Strict liability offences - no MR needed so there’s no need for questioning on defendants motive
Telling lies - Immoral but not illegal 
32
What do you legal positivists believe law should reflect morality ? 
Law valid - made by a recognised Legislative state - gov and judiciary
Do you not believe that Law reflect any higher authority- so would reject ideas That law Should follow religious values
33
What did Bentham and Hart Believe as legal positivists ?
Bentham -
Should only be concerned with what laws are and not where they come from
Professor Hart - believes that law should remain separate from morality
To function it should be both primary and secondary laws x stem from morality
Kelsen agrees - Aylesbury mushroom 🍄 case - Procedural UV -
34
What did natural law theorists believe about those reflecting morality ?
Believes law should reflect a higher authority - would encompass religion if not - not valid
Aquinas-Followed Aristotle and believe that we should follow the Christian ideology of the 10 commandments
Lon Fuller - Law should have the purpose of achieving social order by subjected population to rules that regulate behaviour
Eight principles which make up in a morality of Lore roads must be sufficiently general
publicly promulgated
Prospective
clear and intelligible
Free of contradictions
Constant- don’t change from day today
Possible to obey
Administered in a way that does not diverged from obvious meaning 
35
What is morality from a pluralistic society?
Cases? What do we need to keep out?
Pluralism- is the idea that society is made up from different cultures and traditions that
Work together to benefit society
The way we live and shape Our lives may be constrained by the state - conscientious objector may refuse to fight- punished - R v Lyons
Argue that we need to keep religion and morality out of law get rid or radicalism
Abortion - Dublin well women V Ireland
Evans V UK 🇬🇧
Same-sex couples act 2013
black and Morgan - X allowed B and B
Goodwin V UK - gender recognition act 2004
36
What is the relationship between law and morality?
Examples and what has this led to a change to?
Set standards of behaviours which are essential for the governance of society
Needs to be justified society - if unfair Strict liability offfences - mens rea 
- R v Williams - adultery - Maybe seen as
immoral but not illegal
LGBTQ - R v R
Pressure groups - Nicklinson V UK
37
How do you do legal changes do a lot to change the position of Mortality ? 
Dusters study of the legalisation of drug use in America was seen as immoral when it was made illegal and associated with the criminal world
recently Race relations act - anti-discrimination legislation equality act 2010
38
How does utilitarianism instil Enforcement of moral values in law ?
Mill?
Mill - Explored the nature and limits of power that the state has over an individual
Develop the harm principle- law should only be enforce against the individual if their actions Where to harm another person
Believe people are free to live lives if no harm
Supports R v Brown -
Defence of duress and LOC - diff levels of intent 
39
What did sir Stephan Criticise about Mills Harm principle?
It’s not as simple to separate - actions - that the state should be there to ensure that wickedness an immorality is not allowed
Mill - could lead to secondary crime - substance abuse
Private choices ?
40
What is the Hart - Devlin debate?
Difference between?
Steemed over the Wolferdeem report - Legalisation of prostitution and homosexuality
Law - has the right to preserving public order but not the function to intervene with private life of citizens or particular patterns of behaviour
Difference between private morality and immoralities
41
What does Devlin argue about the law reflecting morality?
standards of immorality is based on
society is dependent upon the common morality -
Loosened by private immorality -
integrity of society lost - disintegration
Wickedness - should be punished society- harmful
Reasonable man- Blyth V Bathwater works 
42
What did heart argue about law reflecting morality?
Should not interfere with more private moral conduct
Shaw V DPP-Create a new defence conspiracy to corrupt to public decency- advertising prostitution
- Presented greater evil
LOC duress self defence
R v G
43
What is formal / Procedural justice?
Everybody has a fair chance with the system the system is deemed formally just
44
What is concrete or substansive justice ?
You’re more concerned with the end result -Such as actual distribution of wealth
45
Who is Aristotle and what did he say?
Law is one that allows individuals to fulfil them selves within society
46
What were the two justices Aristotle found?
Distributive justice - allocation of assets - wealth
believe individuals receive benefit proportionate to the claims
The worthiest rather than the neediest being being rewarded
Corrective justice when a situation that has been distributed by A wrongdoing
47
What are some examples of other stuff to me distributive and corrective justice
Income tax
compensation
48
What did Thomas aquinus discuss?
Due proportion- People receiving what they are due to their merit , rank and need
Communicative Justice - Governed by equality- get a fair deal
Legal aid - income tax
49
What did Utilitarianism believe?
Society should what was the greater good and great Number - Even if individuals lose out
Bentham - theory - felicific calculus
MILL - justice includes respect for others and their rights which brings out the greater good
Punishing wrong dooers - evil but justified
50
What did Rawls Believe ?
Equal distribution of rights power and freedom
Members of society set principles to make society just
51
What kind of position did Rawls believe in ? 
Original position
of the discussion without being aware of what their position in society would be
This means that no one would put an idea that will disadvantage them
52
How could the original position be criticised ? 
Individuals may accept certain principles but then not if Position improved in the expense of others
53
What did Karl Marx Believe about law and morality?
From each according to his ability to each according to his need
impossible for a capitalistic society to be just - organised to uphold the interest of the ruling class
rather than justice for all
54
What did Perelman believe justice was achieved by?
justice is achieved through personal contribution - Eg - Large scale output in a factory
55
What were the six distributions of benefits Perelman found in justice?
Each according to his
works-Contribution getting paid more as a doctor
needs- Single parents supporting several children in need social benefits
merits - Individual gets what they deserve doesn’t get to go to prison
rank - Deserve more due to authority - Teachers have additional rooms
legal entitlement - Inheritance
equally - tax everyone has ability to pay
56
What does Plato see justice as?
Harmony
57
What were the three elements of justice that Plato found ?
ruling class- reason
warrior class - spirit
farmers - Appetite and desire
Justice was achieved when there is harmony warring elements
58
What did natural theorists believe about justice?
Higher order of law that need to be followed for it to be just
Gods will - Aristotle agreed
59
Examples of natural law ?
Thou shall not kill -murder
60
What did Nozick believe justice should be?
Eg
Believe that the state to make the law as minimal as possible - exist to protect people from crime
and 🚫not interfere with individual freedom
not riding a bike 🚴 with a helmet
61
What Nozick emphasise importance of? 
rights to property
62
What are the 3 ways Nozick said property can be obtained?
Acquisition - Inheritance
transfer - Buying from another
rectification of unjust transfer - returning back property from unjust transfer
63
What is formal/procedural justice? 
Does it achieve justice or does it not achieve justice
Under Justice in practice ?
Everyone has access to the law And everyone is subject to the law
AG
64
What are some examples of everyone being entitled to put their case in court does it achieve justice or not?
What are modest incomes not ?
Quote from Darling ? 
Everyone is entitled to put their case in court - legal representative - AJ
Help schemes - AJ
however legal aid does not cover all cases - DAJ
modest income is not legible -DAJ
conditional fee agreements available to those with good case - AJ
if not no - DAJ
“Law like the doors of the ritz hotel is open to all ”
65
How does J darling present Procedural justice not achieving justice? Under the ?
What are the stricter rules under ?
Through “the law like the doors of the Ritz Hotel is open to all”
Under legal aid sentencing punishment of offenders act 2012 - Government cut back on key areas of law
Stricter rules for those looking for asylum or Domestic violence victims
66
What has happened to the rules and justice in practice?
They’ve been challenged showing that courts are trying to make sure that procedural justice can be achieved
(R v Secretary of State justice )
67
What are the rules of justice designed to ensure?
That trails and hearings are fair  - AJ
68
What is the role of natural justice and justice in practice?
AJ and DAJ ?
Case?
Trials and another hearings are fair -Both sides should have a reasonable chance of putting cases forward in - AJ
Measures introduced to protect them witnesses may deny a defendant in some cases to test evidence - DAJ
(R v Thames Mag court ex parte )

69
What does natural justice require Judges not to be? 
Case
Bias
(Re Pinochet)
70
What does the appeal system allow formal justice for ?
what case under justice in practice? 
R v Thornton 
71
What does natural justice ensure about the rules of evidence ? Case?
Only relevant and fairly obtained evidence is given into court- Attained by oppression ? it makes it unreliable
R v Miller

72
What can the rule of evidence of the natural justice do?
can operate against the interests of justice -
when excluded Evidence that may lead to the right decision
(R v Mason)
73
What is trial by jury in criminal cases? Case ? Natural justice under justice in action
Allows jury to do justice as it sees it -No need to explain decision
R V ponting
74
What made mandatory sentences lead to under natural justice?
What does Aquinas and mill argue ?
Case?
Formal and corrective justice (Aristotle)
Aquinius - under due proportionality
Mill - Punishment is evil
(R v Inglis)
75
Why was equity developed under concrete justice? Case ?
To enable courts do justice where the common-law prevented it-For example new remedies
( Beswick V Beswick )
76
How is concrete justice achieved in criminal law ?
How not ?
Partial defences such as diminished responsibility go to kill not fully responsible for actions - not convicted
however mandatory life sentence - home sec - relates prisoners - justice ?
77
What does the rule of negligence to create under concrete justice ?
A fair result - Robinson V CC of West Yorkshire
Unfair - Bolton V stone
78
How May the rules of a learner driver be unfair under concrete justice compared to a surgeon 👩⚕️?
- surgeon not liable for medical incident - unless of fell significantly below RP
whereas in Nettleship V Weston - was for driving
79
Defences unfair under concrete justice ?
Defence of duress not available for murder - R v Howe
80
What will there always be under substasive justice ?
Miscarriage of justice -inno people convicted - appeal courts may try and put right - EG . Timothy Smith hanged
81
What would mandatory sentences be ? CJ - case
Unjust - R v Tuner
82
How does contract law protect others? Under CJ ?
If not? Case?
Protects consumers with weaker bargaining position - under the consumer protections act 2015 - exclusion clauses are invalid - operate on general rule caveat emptor
Olly V Marlborough court
83
What may strict liability appear as ? Case?
Unfair but achieve a fair end result - (Abouzaid V Mothercare )
84
How do we introduce a law and justice essay? What is law and justice? What did Sir John and Ross state ?
Law - the body and principles recognised applied by the state in the Administration of justice - Sir John Salmond
Justice - just conduct and fairness 
Ross - justices is the correct application of law in oppose to arbitrariness Application in this
85
What is just as difficult to do
Difficult to define- What might be seen as justice may not be seen as to another person
We have many theorists 
86
What are the theories of justice where law does not achieve justice?
Formal justice procedure - first system legal institutions such as police courts
judiciary
Appeals 
87
How was justice achieved under procedural justice? - law and justice essay plan
4
There must be a fair hearing natural justice - R v Thames mag court 
No bias - (Re Pinochet)
Evidence must be fairly obtained (R v Miller)
Trial by jury - mechanism allows fairness
 (R v Ponting)
88
How can procedural justice law to be unfair?
It can work and get the Inertest of Justice
- (R v Mason)
89
What is the second justice we talk about in the law and justice essay plan after procedural?
Eg?
Concrete or substantive justice- Fair end result - criminal defence fault in tort, rights human rights
90
What are the 3 ways concrete justice is a achieved under the law and justice essay plan ?
Equitable remedies - (Beswick V Beswick)
Defences to murder can help distinguish different types of offenders - Does self defence help achieve justice
The appeal system - miscarriages can be put right S.2(1) - The criminal appeals act - role of criminal case review commission 
91
What are the 5 ways Justice may not be achieved under concrete justice in the law and justice essay plan ?
There is still a miscarriage of justice - Timothy Evans Birmingham six
Mandatory Minimum sentences - life sentence - R v Turner
Nettleship V Western
Access to justice- there is still a barrier - due to financial constraints
Victims of justice- MacPherson report Stephen Lawrence
92
What are the 10 types of theorists we need to talk about in the law and justice essay plan?
Natural law
Aristotle
utilitarianism
Nozick and minimal state
kelsen
Marx
Hart
Perelman and varieties of justice
Plato
Rawls
Thomas Aquinas
93
What is natural law in the law and justice essay plan? What did Aquinas say?
Examples ?
The Lord that goes against what is derived by God 
Aquinas - validity depends on the compatibility with higher authority
Homosexuality - black and Morgan 🚫
Abortion - 🚫
murder - thou shall not kill supported
R V taylor
94
What did Aristotle believe in law and Justice essay plan?
Two kinds of justices -
distribution - The allocation of resources eg . Wealth and power eg . minimum wage redistribution of wealth through taxation
Correctiveness sentencing- in criminal law eg . retribution , remedies in tort
95
How can judges promote corrective justice under the law and justice essay plan ?
Award damages
There are high offending rates
inequality of bargaining powers in civil cases
96
How does Aristotle say that we struggle to Create justice May lead to ?In the law and justice essay plan?  examples
This may need to inequality - antidiscrimination laws
workers
Racism in the police force Stephen Lawrence
this is not achieve the people wrongfully convicted or harshly sentenced
97
What is utilitarianism. Under the law and justice essay planWhy is it promoted by criminal law 
For the greater good to the great Number harm principle -
Criminal Laws promote utilitarianism- To prevent behaviour that is not good for society
Murder and theft
98
What is the right one person undermined by under Utilitarianism?
What would legalising euthanasia not be?
By society not leading to justice
For the individual - floodgates argument black and Morgan
Will not be utilitarianism
99
what did Nozick stake Under the law and justice Essay plan?
What law is not just? 
State interference should be minimal
Welfare state law not just ?
100
What did Kelsen believe under the law and justice believe under The law and justice essay plan 
No relationship between law and justice - justice too difficult to define
101
What does Marx believe the capital society will never be?
Just
102
What did Hart believe under the law and justice essay plan ?
What is the supported by?
Cases should be treated alike
Supported by the system of precedent 
103
What goes against Harts theory?
What may change due to the way we treat cases
Mandatory sentences -The way we treat cases may change due to society over ruling Past decisions - R v R 
104
What will Perelman And Variates of justice of justice say about the law and justice in the essay plan? quote ? 
What is crime graduated according to
Crime is graduated according to seriousness - “To each according to his merits”
105
What is the negatives of Perelman and the varieties of justice
Criminal sentences ?
Criminals do not always get the same sentences - to each equally? 
106
What did Plato say about justice ? Achieved by
Justice is achieving this harmony between the warring elements
107
What did Rawls say about the theory of justice?
Original position - reflected today in human rights legislation freedom of individual
108
What did Thomas Aquinas say about law and justice or did both parties get ? examples? 
What is it governed by? 
Due proportion communicative Justice
Governed by equality
where both parties get a free trial
Contract law
109
What is the introduction the law and morals essay plan?
3 cases and Durkheim ?
Law - is the body of principles recognised and applied by the state in the administration of justice
Morals - the defined beliefs and values shared by society
R v Lyons - Contentious objector-Not allowed to use freedom of though to not be deployed to Afghanistan
Pluralism in Europe and ECHR- Try to keep politics out
Evans V UK 🇬🇧 2007 - Refused to destroy embryos as its relationship with article 8
Durkheim discussed difficulties with achieving more consensus especially on consensus issues - abortion euthanasia homosexuality prostitution
110
What are the two changes in law and morality- essay?
Legal changes follow moral ones - divorce homosexuality and abortion -
R v R - R v Penguin 🐧 books 📕
Legal changes rarely come first - Tony
duster - legislation of morality
Race relations act
111
What are the six differences between law and morality?
Nature of sanctions are different
Morality changes slowly over time
Law can be criminalised overnight R V R
Morality cannot be deliberately changed where is law can 
Law is compulsory unlike morals
Strict liability offences and minor criminal offences - no real moral obligation
Origin is different religious verses vs cases convention
112
What are the similarities between law and morality 
Both are normative
And carry sanctions
Vary form society to society
Criminal law and moral implications
Language and moral obligation
Civil law - moral implication - negligence- contract
113
 Theories surrounding this area should liberality be separated?
Natural law - Morality with Lord fuller - Compatibility with higher authority
V Positivism - Kelsen - A law exist is with law
Morality in a pluralistic society
utilitarianism - Individual independence John Stuart mill - harm principal - Drugtaking Abortion Homosexuality
Relationships between law and morality
Hart - Devlin debate Devlin - Law should follow morality and should only reflect the minimum level
Hart - law not to interfere in private moral or immoral conduct only in rare situations 
The role of judges - Shaw V DPP
Kullur V DPP
R v Wilson
R v Gibson
Gillick V West Northfolk
Modern examples abortion act euthanasia Nicklinson gay marriage

114
What is justice? (Law and justice )
Just conduct and fairness (OED)
115
What is law under law and justice?
What do we have ?
Sir John Salmond - the body of principles recognising and applied by the state and in the administration of justice
Range of principles
116
What is under paragraph one in law and justice?
What did Dicey say?
Formal justice fair system
Dicey - “No man is above the law”
117
What are the three principles under? Paragraph one formal justice under law and justice?
Cases ?
Independent and impartial tribunal
Evidence
representation
118
What can we link the independent impartial tribunal to under law and justice?
Cases ?
Independent and impartial tribunal - pinochet
Ex Parte Polemis
Magna Carta - R v young , R v Ponting, Bushell Case ✅
119
What can’t be done under evidence? What are the rules and cases under law and justice?
Section?
Evidence can be obtained through oppression - S.76/ s.78 - PACE - (R v Miller)
Rules of evidence work against justice-
( R v Halliwell )
120
What was the fair process under representation? What was not Under law and justice ?
Criminal legal aid ✅
Solicitor at every stage ✅
Terror safety interviews 🚫 - (SS of home v AF)
121
What is under paragraph 2 of law and justice?
Concrete justice - fair outcome
122
What was cut under concrete justice quote by LJ Darling? (Para 2 law and justice)
However?
Legal aid cut so little people had to represent themselves
LJ Darling - Doors 🚪 to the courts are like the doors to Ritz hotel open to all
(Steel + Morris v UK 🇬🇧 )
(rights of women V SS of justice) - domestic violence - legal aid cuts 🚫- was fair and given
123
What are the three other things that we look at under concrete justice under the law and justice?
Jury equity
Consider aspects of the defendant
Equitable remedies
124
What are the three cases under the jury equity under concrete justice under the law and justice?
R v Ponting
R v Ponsford
R v Kronlid
125
Would we have to consider under concrete justice?
law and Justice case?
Consider the aspects of the defendant
Self defence- Richard Osborne Brookes
126
What do we have to differentiate under considered aspects of the defendant under law and justice ?
(concrete justice)
murder- DL - Ahluwalia - (battered women’s syndrome)
/manslaughter - LOC - fear - (R v Ward) and anger triggers - (R v knight)
127
What factors do we consider of the defendant under concrete justice?
(Law and Justice) section? Act?
Factor in sentencing - S. 143 CJA
128
What is under equity remedies under concrete Justice?
(Law and justice )
case?
Special performance 🎭
(Beswick v Beswick )
129
What case is under miscarriages of justice under concrete justice law and justice
Derek Bentaly
(Nelson + Hallom v UK 🇬🇧)
130
What is the first theorist we look at under the law and justice?
What should happen in order for
Law to be just?
Natural law - in order for it be just must come from a higher authority - Aquinas
131
Give 6 examples of how natural law has been applied under law and justice
Archbishops in HOL ✅
10 commandments ✅
Protective characteristic under the equality act
Abortion act (RCN v DHSS )
Same-sex couples act 2013 - 🚫
(Black + Morgan case)
Campaigns for Sharia law
132
What is the fourth theorist under Law and justice?
What are the 3 examples?
Utilitarianism - mill - justice- no harm principle
greater good for the greater Number
Euthanasia - (Nicklinson v UK 🇬🇧 )
(Peck v UK 🇬🇧)
Assisted Dying Bill 2025
Rights of individuals against the rights of society - nuisance (Miller v Jackson)
133
What is the fifth theorist under law and justice? Examples ? What were the two kinds of justices?
Aristotle -Distributive - fair distribution of assets - benefits system - (White v White) - non-discrimination between homemaker /breadwinner
corrective - fixing legal wrongs - compensation retribution/reparation
Miscarriages of justice - (Nealon + Hallom v UK 🇬🇧)
134
What did Nozick believe under law and justice ? Cases?
Minimum state interference
(Miller v SS of leaving EU)
135
What does parelman believe under justice in law?
To each that means
merit- sentencing S.143
rank
legal entitlement - reputation - (Mosley v news international group)
Wills + probate
136
What did Rawls believe in law and justice?
Three examples? cases ?
Initial position -
human rights act
equality
Asylum
(A v SS of home 🏠 )
(Q v SS of Home 🏠 )
137
What theories do we Look at in our conclusion for law and justice?
Kelsen - should there be no link between law and justice because it’s too complex to define
138
What is society?
Group of individuals that share the same values. This may be due to sharing the same culture
139
What is society under the law and society? What is it hard to do?
Multicultural - hard to share a set of values
140
What is there a lack of under law and society?
lack of consensus - the extent to which consider values in society
141
What is the first paragraph under law and Society?
Similarities we seen in law and society
142
What are the four points of the similarities we see in law and society under law and society?
What can we do if we are unhappy with laws?
What do laws need to be towards society?
Based on democracy - we have to say on laws that are being made
We could change it to reflect parties views that we not align with
Human rights act/equality act fundamental protections of society
Independent/impartial tribes make our own decisions (bushell)
Laws need to be accessible to society - (Pepper V Hart) - Hansard
Legislation accessible online
law reporting
143
We have laws been developed to do under Law and society?
Examples?
To change in society
Pressure groups rep views - change
Fathers4justice
Children and families act 2014 s.11- best interest for both parents
Snowdrop appeal ❄️ - changing hand gun ownership
NEU strike 🪧 - teachers pay 2022
144
Why pressure groups good under law and society?
Allows us to have views represented
145
What kind of media cause as well as influence under law and society?
Examples ?
Can cause issues as well as influencing good laws
Sarah Law ✅
DDA 🚫
146
What are public enquires under law and society?
Examples ?
The voice of society
LJ Leverson
LJ Lambings
LJ McPherson
147
What is the third thing we talk about under the law and society?
What is developed?
Influence of judicial law
- R v R - changes in Martial rape
Common law offences reflect society -
Murder - (R v Dica) (R v Burstow) (R v Chanfook) - develop non-fatal
148
What does law act as to control under law and society?
Examples?
As a mechanism to control society
Criminal offences- theft - S.2 - dishonesty -reasonable man tests
(R v Barton + Booth)
Tort - RMT - (Blyth V Birmingham Water Works)
Public order act 2023 - made to control society but may not reflect societies views
149
What do laws not do under law and society?
4 examples?
don’t reflect society
Euthanasia (Nicklinson v UK 🇬🇧) -Assisted dying bill
Investigatory powers act/regulatory investigatory powers act - invasive into private life (Liberty 🗽 v UK 🇬🇧)
R v Brown - judges views on moral standards
R v Martin - eventually does need to change - S.78 (5A) criminal justice and immigration act
Magistrates- 0.37% under 30
40% professional backgrounds + retired
150
What is it hard to do within law and society?
What’s it hard to do?
Balance law against competing right- hard to get consensus
151
What are the four examples of a difficulty in balancing law against competing right under the law and society?
(Beghal v DPP) - Terror cases
Stephen Fultcher - safety interviews
(Miller V Jackson) - Social benefit under private nuisance
Old floodgates- (Dennis V MOD )
(Mulcahy v MOD) - now
(Robinson Smith + Ors)
