What is Law? Flashcards
(26 cards)
What is the relationship between law and social or moral rules?
Legal rules don’t always overlap with social or moral rules
What are some examples of social rules during the Covid-19 lockdown in WA?
- No contact
- 1.5m spacing
- Nod, bump elbows
What is law?
Law regulates behaviour but not all behaviours are a crime
How can law change social values?
Example: 1970’s introduced new offences for elevated BAC
Can social values shape laws?
Yes, example: Commonwealth government amendment regarding marriage equality
What happens if laws and social values are very different?
People can lose respect for the law; society needs rules-based order
What is Natural Law theory?
Moral code that exists and is universal, often linked with divine law
What does Legal Positivism state?
Law only exists when it is posited by an authority with the power to do so
What separates law from morality according to Positivism?
Law and morality are two separate things; morality is not the test for the validity of law
What is the state of nature in social contract theory?
A condition where people have only natural rights, without governmental structures
What did Hobbes believe about the state of nature?
People are brutal, lonely, fearful, and have no one to uphold laws
What is the social contract according to Hobbes?
An agreement among people to establish order and uphold the law
Can people revolt against the king in Hobbes’ social contract?
No, the social contract is a one-time agreement
What are Locke’s views on natural rights?
Natural rights cannot be taken away
What is the most important right according to Locke?
Ownership of land
What is Montesquieu known for?
The concept of separation of powers
What is Rousseau’s view on the state of nature?
People were free, kind, happy, and equal
What can lead to war and inequality according to Rousseau?
The ownership of property
What is Rousseau’s concept of the social contract?
People should relinquish rights to the whole community rather than a king
How does Rousseau view law-making?
Law would be made through direct democracy
What does Hobbes mean by ‘life would be nasty, brutish and short’?
Without society, life is filled with fear and danger
What is Hobbes’ view on human nature?
Inherently destructive
What does Locke’s Tabula Rasa concept imply?
People are born without inherent destructive tendencies
What is the role of government according to Locke?
To protect rights to life, liberty, and property
