Law And Morals Flashcards
(14 cards)
What are laws
Rules that society must follow
What are morals
The beliefs/social norms that we don’t have to follow as everyone are different
How are laws enforced
By the courts
How are morals informed
Enforced by society
Salamonds interlocking circles
A crime is a True crime if it is both morally and legally wrong
What is legal positivism
Legal positivists view - law and morals should be separate unless hurting others. Laws should not be influenced by morals
What is natural law
Natural law is the view that law and morals are linked
The law should uphold and enforce morals based on the reasonable man
Hart
- postivist
- insisted that laws and morals should always be separate
Bentham
The law is at it is and should be followed even if we dislike it
Aristotle
Natural law
Law should match common good and reason
Pluralistic society
Durkhiem
We live in a pluralistic society so it is difficult to make laws based on morals
Criminal law link
Access to legal aid - not everyone is starting from the same point due to limited access to funding, may not be able to defend themselves correctly
Murder defences - killed someone but can get a lighter charge? For example intoxication or instanity
Tort law link
OLA 84 not morally right to allow trespassers to sue when they’re acting unlawfully
Law making - literal rule morally wrong as doesn’t fit the needs of cases, Beriman
Human rights link
TPIMs - not morally right to surivaillence people to that degree of intensity . However it can be beneficent to society
