ESSAY PLANS Flashcards
what are the 3 parts for law and morality?
define law
rels btw moral and law
eval
what is the parts for define in law and morality?
what is law
legal positivism
natural
define morality
what is included in what is law for define in law and morality?
enforce?
social?
what is included in legal positivism for define in law and morality?
who are they? what do they believe?- emphasise jeremy bentham john austin hans kelsens version H.L.A all accept
what is included in natural for define in law and morality?
THOMAS’
aquinas- love thy
more- greater god
what is included in define morality for define in law and morality?
relgious
what is parts rels btw law & moral in law and morality?
define moral incorprated into some not legal enforce law made for moral euthanasia
what is included in incorprated into in btw law & moral?
moral code
though shall
what is included in some not legal enforce in btw law & moral?
adultery
what is included in some law made for moral in btw law & moral?
cases for moral
and euthasia
what are the parts for the eval for law & morality?
hart devlin debate
deviln
hart
both
what is included devlin for eval?
believed and defence
what is included hart for eval?
suggest - populaism
what is included both for eval?
e.gs r v wilson
what are the 4 parts of judicial creativity?
Do judges make law
should judges make law
how judges make law
eval
what are parts for do judges make law?
questioned
declaratory theory
creativity theory
what is included in declatory theory in do judges make law?
what is it
william blackstone- state disprove eval and argued
ronald dwokin
what is included in creativity theory in do judges make law?
what is it argued suspicion Lord reid kairy
what are the parts for should judges make law?
what should be asked
raise issue of
considered
what is included in what should be asked in should judges make law?
enforce
deny
critical
further argue-public
what is included in raise issue of in should judges make law?
opp-r v r
law wo
opp come from
what is included in considered in should judges make law?
matters of principle
what is it
dwokin argued
e.g
what are the parts for how do judges make law?
how?
type of creative elements
what is included in the type of creative elements for how do judges make law?
precedent
overruling
distinguishing
stat interp
what is included in overulling for or how do judges make law?
rvr h.o.l
hales state
what is included in
distinguishing for or how do judges make law?
lucy hale
r v clark
what is included in stat interp for or how do judges make law?
lit rule
golden rule- r v nationa
mishcied- smith v hughes
what is included in eval parts?
commentators hierachy prece prece dec made- re s lit rule golden rule- own interp justice
what is included in 3 parts for law & justice?
meaning
achieve
law
what are the parts for meaning for law & justice?
define law define justice- important 2 types of justice formal justice - what is it e.g like for like substantive- what is it r v r/ ola theories
what is included within theories part for law & justice?
aristole - not same- comp- both parties e.g brann
bentham- for good -assess (think policy) e.g case hill
rawls- opp to u- disuss
nozick argue- truly
what are the parts for achieve for law and justice?
questioned
how
what is included with how? for achieve ?
stat interp criminal sentencing ability to sentence fairness- sent calcl of dam , slowness r v ahuwalia ola
what is are the parts for eval in justice?
questioned cnsider crim jury sam hallam hampered by -stat interp judical approch good judiciary- smith v hughes other for justice- donoghue
