law and morality (A)

Question 1

what is law?

Answer 1

the system of rules which a particular country/community recognises as regulating the actions of its members and which it may enforce using penalties

Question 2

what are the 2 main theories?

Answer 2

legal positivism and natural law

Question 3

LP - Jeremy Bentham’s theory?

Answer 3

philosophy of law should be concerned purely with what law is. if we dislike or find a law offensive is irrelevant and opinion doesn’t affect validity

Question 4

LP - John Austin’s theory?

Answer 4

developed common theory of law with 3 main principles
1. laws are commands issued by the ‘uncommanded commander’
2. commands are enforced by sanctions
3. a sovereign is one who obeys the majority

Question 5

LP - Prof. Hart’s theory?

Answer 5

modern legal positivist and argues 2 categories of law form the basis of the legal system
1. primary rules impose obligations
2. cover operation of primary rules e.g. how they’re made and created

Question 6

NL - Thomas Aquinas’ theory?

Answer 6

believed natural law comes from the divine law (bible and 10 commandments and catholic church tradition) this forms basis of morals and should be reflected in man made laws

Question 7

NL - Lou Fuller’s theory?

Answer 7

rejected Aquinas’ ideas of traditional/religious values and said for law to achieve it’s purpose it must satisfy principles which form the inner morality of law

Question 8

what is legal positivism?

Answer 8

law and morals should be separate

Question 9

what is natural law?

Answer 9

law should enforce moral values

Question 10

theory with morality?

Answer 10

common morality was easier to achieve when society was isolated however now it’s more multicultural and we’re exposed to different views

Question 11

Emile Durkheim’s theory with morality?

Answer 11

factors contributing to breakdown of common morality
1. increasing specialisation of labour
2. growing ethnic diversity within society
3. fading influence of religious belief