LAW P2 Q9 (Law and morality) Flashcards

(12 cards)

1
Q

What is the first point of the law and morality tort para?

A

(Law and morality refers to)

Law and morality refers to the interaction between the defined, rigid laws, and the abstract and sometimes fluid concept of morality.

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2
Q

What is the second point of the law and morality tort para?

A

(Legal rules are often enforced)

Legal rules are often enforced formally, such as through the government, police, and the court system.

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3
Q

What is the third point of the law and morality tort para?

A

(Moral rules are often enforced)

Moral rules are often enforced informally, such as through social exclusion.

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4
Q

What is the fourth point of the law and morality tort para?

A

(It is common for)

It is common for moral rules and legal rules to reflect each other as the law is shaped and changed by the morality of the people making the law.

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5
Q

What is the fifth point of the law and morality tort para?

A

(One example of this)

One example of this is in nuisance, where most will deem it immoral to allow someone to interfere with the enjoyment or use of one’s private land.

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6
Q

What is the sixth point of the law and morality tort para?

A

(One issue)

One issue is that morality is ever changing, which can lead to conflict as the law can slow to adapt to these moral changes.

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7
Q

What is the seventh point of the law and morality tort para?

A

(This is clear in the case of)

This is clear in the case of RvR, where marital rape was criminalized, showing that the law was slow to change as many in society would have deemed it to be immoral prior to making it illegal.

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8
Q

What is the eigth point of the law and morality tort para?

A

(The concept of morality)

The concept of morality can be understood further through the two contrasting theories of positivism and natural law theory.

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9
Q

What is the ninth point of the law and morality tort para?

A

(Positivism is the theory)

Positivism is the theory that the law should be kept entirely free from morality, natural law theory contrasts this as it would argue that morality should be able to influence law.

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10
Q

What is the tenth point of the law and morality tort para?

A

(This shows that)

This shows that morality is a subjective issue and has a direct impact on the law.

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11
Q

What is the eleventh point of the law and morality tort para?

A

(Overall, the interaction)

Overall, the interaction of law and morality is positive as it allows the law to keep up with what most people view as ‘morally right’.

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12
Q

What are all 11 points of the law and morality tort para?

A
  • Law and morality refers
  • Legal rules are often
  • Moral rules are often
  • It is common for both
  • One example of this
  • One issue
  • This is clear in the case
  • The concept of morality
  • Positivism is the theory
  • This shows that morality
  • Overall, the interaction
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