3 - Nature of law : Law and morality

Question 1

what is a law

Answer 1

a law is a rule or regulation that is not necessarily based in fault, such as speeding

Question 2

what are morals

Answer 2

a belief that is subjective to a peron or society, usually based upon fault, such as lying

Question 3

what are the charctisertics of a law

Answer 3

• can be made and repealed easly
• made by formal insitutuions such as courts or parliament
• not fault based
• can be punished or remedies
• the opinion of the pulic usually isnt considered (tampon tax)

Question 4

what are the charactertics of morals

Answer 4

• morals and beliefes usually change over time
• not punishable, usually results in social condemnation
• not made by formal insutitons
• not clealry defined
• based on fault
• reflect the views of society

Question 5

lord devlins approach to legal enforcment of morals

Answer 5

parliament should consider:
1. the freedom of the individual is cosisten with the integrity of society
2. tolerance must not be static btu law makers should be slow in changing laws that protect morality
3. privacy should be respected where reasonable
4. the law is interested in the minimum standard of behaviour, not the maximum
5.

Question 6

positivism

Answer 6

the notion that the law should not enforce moral rules

Question 7

aristotle

Answer 7

law should be reaosnable, ‘free from passion’

Question 8

H.L.A Hart

Answer 8

laws taht merely enforce moral rules should cease, should only intervene when inmorality causes harm

Question 9

wolfenden report 1978

Answer 9

the law has a role in preserving public decanncy but not to intervene in the private life of citizens of enfocre a pettern of behaviour

Question 10

natural law

Answer 10

the belief that laws should enforce mroal rules

Question 11

devlin

Answer 11

it is an error of jurispruedence to seperate crime from sin

Question 12

ian fuller

Answer 12

some laws are so immoral that they must be invalid