law and morality Flashcards
(22 cards)
legal positives
say that law is a legal rule which is valid when made by the recognised legislative power e.g Parliament. They do not have to satisfy a higher morality such as god. laws and morals should be separate.
Austin
once laws are made by recognised legislative powers they are binding whatever morality of their content. he developed command theory of law, laws are orders backed up by a threat.
hart
two categories of rules: primary rules either impose legal obligations or grant powers and secondary rules set out how primary rules should operate. seperation between law and morals
natural lawyers
the validity of laws depends on their compatibility with a higher moral authority. ehere laws do not satisfy the requirement they should not be followed. law and morality linked
aristotle
believed that natural laws should come from nature
lon fuller
viewed laws as satisfying a purpose, must satisfy an inner morality
morals
beliefs and values shared by society, tell what is right or wrong, based on religion or custom e.g uk is christian
durkheim
observed various differences between modern and traditional society which led to society becoming less united (‘anomie’). society deteriorated unless shared values and beliefs maintained
relationship
legal and moral rules are similar in that they both guide social conduct and behaviour only legal rules are subject to punishment through the legal system. obviously link as many things viewed as morally wrong are legally wrong e.g murder
salmonds model
illustrates overlap between law and morality
crim law
links with morality: murder or theft
negligence
is built around the principle that those who harm others should compensate for damage
differ
types of immoral behaviour, surprised if any laws against them such as drinking while pregnant
bible
overlap can be traced back to the bible in the ten commandments
over centuries
overlap extented and contracted over the centuries due to society changing what is accepted e.g homosexuality
pluralist society
more than one culture, belief, race, religion
Uk is pluralist society
whos morals are we enforcing
trad society influenced by christian views with the king being head of the church, recent prime ministers david cameron and theresea may are both christians
survey
british attitudes survey shows that 53% of adults have no religious affiliation
debate
debate for centuries over if laws should enforce morals or if they should be separate but considered by the wolfeden commitee in 1950s set up by gov to adress concerns of low morality
hart
law and morality should be seperate
devlin
law has a duty to protect and enforce moral values (natural)
wolfeden report
law and morals should be seperate, but various cases show judges are suing morals in their judgement
Brown case
