Unit 2: The nature of law

Question 1

Law is:
‘The formal glue that holds societies together’

Who said it?

Answer 1

Thomas Hobbes in 1651

Question 2

What did Thomas Hobbes define law as?

Answer 2

‘The formal glue that holds societies together’

Question 3

Law is:
‘A body of rules fixed and enforced by a sovereign political authority’

Who said it?

Answer 3

John Austin in 1832

Question 4

What did John Austin define law as and in what year?

Answer 4

‘A body of rules fixed and enforced by a sovereign political authority’

Question 5

What are some examples of the role of law in socety?

Answer 5

1) For survival-in social situations and for group survival
2) To provide order-to balance differing needs
3) To provide social cohesion-Durkheim advocates. Marx disagrees.

Question 6

In what ways does law order society?

Answer 6

1) Political order-Constitution
2) Economic order-facilitates functioning of economy.
3) Public order-Free from threat of violence
4) Social order-equality of opportunity etc.

Question 7

In what ways do law and morality differ?

Answer 7

1) Sanctions-exist in law but not morality
2) Change-morality over time. Law changed instantly.
3) Flexibility-Law is generally rigid. Morals change.

Question 8

In what ways does law and morality interconnect?

Answer 8

1) Criminality-Theft Act 1968
2) Anticipation-Sexual Offences Act 1967-homosexuals.
3) Change-R v R 1991
4) Infringement-R v Brown 1993

Question 9

Arguments for disassociating law and morality?

Answer 9

1) Wolfenden Report-Para 14-not function of law to intervene in personal lives.
2) Hart in 1963-moral standard would freeze if law given power over moralityty,

Question 10

Arguments for interconnecting law and morality?

Answer 10

1) Lord Devlin-response to Wolfenden report-common morality is what cements society.
2) Lord Devlin 1965-Law had a right and duty to uphold morality.