ESSAY PLANS

Question 1

what are the 3 parts for law and morality?

Answer 1

define law
rels btw moral and law
eval

Question 2

what is the parts for define in law and morality?

Answer 2

what is law
legal positivism
natural
define morality

Question 3

what is included in what is law for define in law and morality?

Answer 3

enforce?

social?

Question 4

what is included in legal positivism for define in law and morality?

Answer 4

who are they?
what do they believe?- emphasise
jeremy bentham
john austin
hans kelsens version
H.L.A 
all accept

Question 5

what is included in natural for define in law and morality?

Answer 5

THOMAS’
aquinas- love thy
more- greater god

Question 6

what is included in define morality for define in law and morality?

Answer 6

relgious

Question 7

what is parts rels btw law & moral in law and morality?

Answer 7

define moral 
incorprated into 
some not legal enforce
law made for moral 
euthanasia

Question 8

what is included in incorprated into in btw law & moral?

Answer 8

moral code

though shall

Question 9

what is included in some not legal enforce in btw law & moral?

Answer 9

adultery

Question 10

what is included in some law made for moral in btw law & moral?

Answer 10

cases for moral

and euthasia

Question 11

what are the parts for the eval for law & morality?

Answer 11

hart devlin debate
deviln
hart
both

Question 12

what is included devlin for eval?

Answer 12

believed and defence

Question 13

what is included hart for eval?

Answer 13

suggest - populaism

Question 14

what is included both for eval?

Answer 14

e.gs r v wilson

Question 15

what are the 4 parts of judicial creativity?

Answer 15

Do judges make law
should judges make law
how judges make law
eval

Question 16

what are parts for do judges make law?

Answer 16

questioned
declaratory theory
creativity theory

Question 17

what is included in declatory theory in do judges make law?

Answer 17

what is it
william blackstone- state disprove eval and argued
ronald dwokin

Question 18

what is included in creativity theory in do judges make law?

Answer 18

what is it
argued 
suspicion
Lord reid 
kairy

Question 19

what are the parts for should judges make law?

Answer 19

what should be asked
raise issue of
considered

Question 20

what is included in what should be asked in should judges make law?

Answer 20

enforce
deny
critical
further argue-public

Question 21

what is included in raise issue of in should judges make law?

Answer 21

opp-r v r
law wo
opp come from

Question 22

what is included in considered in should judges make law?

Answer 22

matters of principle
what is it
dwokin argued
e.g

Question 23

what are the parts for how do judges make law?

Answer 23

how?

type of creative elements

Question 24

what is included in the type of creative elements for how do judges make law?

Answer 24

precedent
overruling
distinguishing
stat interp

Question 25

what is included in overulling for or how do judges make law?

Answer 25

rvr h.o.l | hales state

Question 26

what is included in | distinguishing for or how do judges make law?

Answer 26

lucy hale | r v clark

Question 27

what is included in stat interp for or how do judges make law?

Answer 27

lit rule golden rule- r v nationa mishcied- smith v hughes

Question 28

what is included in eval parts?

Answer 28

``` commentators hierachy prece prece dec made- re s lit rule golden rule- own interp justice ```

Question 29

what is included in 3 parts for law & justice?

Answer 29

meaning achieve law

Question 30

what are the parts for meaning for law & justice?

Answer 30

``` 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 ```

Question 31

what is included within theories part for law & justice?

Answer 31

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

Question 32

what are the parts for achieve for law and justice?

Answer 32

questioned | how

Question 33

what is included with how? for achieve ?

Answer 33

``` stat interp criminal sentencing ability to sentence fairness- sent calcl of dam , slowness r v ahuwalia ola ```

Question 34

what is are the parts for eval in justice?

Answer 34

``` questioned cnsider crim jury sam hallam hampered by -stat interp judical approch good judiciary- smith v hughes other for justice- donoghue ```