Law and morality

Question 1

What did Sir John Salmond say about the law?

Answer 1

The body of principles recognised and applied by the state in the administration of justice.

Question 2

What did John Austin say about the law?

Answer 2

A command issued from a sovereign power to an inferior and enforced by coercion.

Question 3

Law principles

Answer 3

Compulsory
Laid down as acts of parliament
Made by constitutionally recognised bodies.

Question 4

Compulsory example

Answer 4

Education Act 1996

Question 5

Laid down as act of parliament example

Answer 5

Abortion Act

Question 6

What did Phil Harris say a moral was?

Answer 6

A set of beliefs, values, principles and standards of behaviour.

Question 7

What did the dictionary say a moral was?

Answer 7

A particular system of values and principles of conduct especially one held by a specified person or society.

Question 8

Moral principles

Answer 8

Voluntary
Develop gradually
Rules are open to debate
Enforced informally

Question 9

Voluntary example

Answer 9

Religious ideas

Question 10

Develop gradually example

Answer 10

Morals associated with LGBT

Question 11

Rules are open to debate example

Answer 11

Abortion

Question 12

Legal positivists

Answer 12

Believe that laws are valid where they are made by recognised legislative power and don’t satisfy higher authority.

Question 13

Jeremy Bentham

Answer 13

Law is a command expressing the will of sovereign.

Question 14

John Austin 3 command theory

Answer 14

Laws are commands are issued by the sovereign.
Commands are enforced by sanctions.
Sovereign is one who is obeyed by the majority.

Question 15

Professor HLA Hart

Answer 15

Primary and secondary rules which form the basis of functioning legal system.

Question 16

Primary rules

Answer 16

Impose legal obligation as in criminal law or grant powers as in power to make will or contract.

Question 17

Secondary rules

Answer 17

Concerned with operation of primary legal rules.

Question 18

Secondary rules examples

Answer 18

Powers to make acts and precedents
Rule to amend or get rid of laws
Rule to allow courts to settle disputes and interpret the law.

Question 19

Powers to make acts and precedents

Answer 19

Rule of recognition

Question 20

Rule to amend and get rid of law

Answer 20

Overruling

Question 21

Rules to allow courts to settle disputes and interpret the law

Answer 21

Literal rule

Question 22

Natural law

Answer 22

For laws to be valid they must follow a higher moral authority

Question 23

Aristotle

Answer 23

Natural for mankind to have as it’s laws.

Question 24

Who was Aristotle?

Answer 24

A Greek philosopher in 4th BC

Question 25

Who was Thomas Aquinas?

Answer 25

13th century catholic theologian

Question 26

What did Thomas Aquinas create?

Answer 26

Divine law

Question 27

What did the divine law say?

Answer 27

Rules implemented by God so we have a natural inclination to behave in a way that fulfils our purpose in life.

Question 28

Who is Jon Fuller?

Answer 28

Professor

Question 29

What did Jon Fuller say the purpose of law was?

Answer 29

Achieve social order through subjecting people's conduct to the guidance of general rules by which they can control behaviour.

Question 30

Changing morality

Answer 30

Arranged marriage Sexuality Drugs

Question 31

Reasons why rules are obeyed by most

Answer 31

Moral obligations Reasonable Penalty/sanctions

Question 32

What happened in the case of Turing?

Answer 32

Convicted for having a sexual relationship with a man.

Question 33

What happened in the case of Bell?

Answer 33

Found that under 16's did not have the capacity to consent to puberty blockers.

Question 34

What happened in the Promfumo affair?

Answer 34

A Mp lied to the parliament about his affair with a Russian spy.

Question 35

What happened in the nazi wife case?

Answer 35

False imprisonment however was just following laws of the time.

Question 36

How does law reflect morality?

Answer 36

Law comes from moral and religious source. Law changes to include moral change.

Question 37

What is the development of coincidence of law and morality?

Answer 37

Laws reflection of morality.

Question 38

Development of coincidence of law examples

Answer 38

R Brown Gillick competence

Question 39

Law Reform

Answer 39

Same sex marriage act Equality Act 2010

Question 40

Law reform public morality

Answer 40

Sexual equality racial equality disability

Question 41

Why do many morals not have legal backing?

Answer 41

Pluralism paternalism too difficult

Question 42

Pluralist society

Answer 42

Society with many cultural groups of different origins leading to plurality of beliefs.

Question 43

UK statistics

Answer 43

Asian ethnic groups 9.3% Black ethnic groups 4%

Question 44

What article protects the right to express views?

Answer 44

ART10

Question 45

ART10 case

Answer 45

Open door

Question 46

Parliament make laws specifically linked to morality

Answer 46

Individual MP's do sometimes try to enforce morality through a private member's bill.

Question 47

MP enforcing morality example

Answer 47

Abortion bill

Question 48

Legal enforcement of moral values

Answer 48

By parliament Higher court becomes precedent Tort Criminal

Question 49

Tort example

Answer 49

Donoghue

Question 50

Occupiers liability

Answer 50

Dumbreck

Question 51

Illegality

Answer 51

Brooks

Question 52

Criminal

Answer 52

Ahulawalia