Moralilty Flashcards
(8 cards)
1
Q
What is the definition of morality
A
Morality means the principles concerning the distinction between right and wrong
3
Q
What are ‘legal rules’
A
A command issued from a sovereign power to an inferior and enforced by coercion according to john Austin
4
Q
How are legal and moral rules similar
A
- law and morals are a set of rules regarding how those in society should behave
- both set standards + distinguish between rights and wrong
5
Q
How are legal and moral rules different
A
- laws enforced through sanctions, whereas morals are not
- morals reflect society’s values and laws do not
- morals develop over time but laws are instant
6
Q
Outline theories of morality
A
- debate arises over whether law should enforce moral rules, there are 2 sides to this debate:
- positivism - maintains that laws and morals should be kept separate
- natural law theory - maintains laws should enforce morality
7
Q
Outline ‘salmonds interlocking circle theory’
A
- some things are regulated by law, some by morals and some by both
8
Q
Give examples of morality
A
- shaw V DPP (shows a close relationship between laws and morals) - judges base their decisions on morals
- however some laws enforced for practical reasons - e.g. R v F (strict liability offence too)
9
Q
What are ‘moral rules’
A
A society’s set of beliefs, values, principles and standards of behaviour according to Phil Harris
