Law and morality

Question 1

Morality

Answer 1

A particular system of values and principles of conduct, especially one held by a specified person or society.

Question 2

Collective morality

Answer 2

arrangements appropriate for addressing widespread harm and wrongdoing associated with the actions of groups

Question 3

personal morality

Answer 3

principles and rules individuals personally live by and believe to be morally right and sound

Question 4

common morality

Answer 4

the moral system that all rational persons implicitly use while making their moral decisions (baseline morals)

Question 5

pluralist society

Answer 5

A diverse society, where the people in it believe all kinds of different things and tolerate each other’s beliefs even when they don’t match their own.

Question 6

strict liability offence

Answer 6

crimes which require no proof of mens rea in relation to one or more aspects of the actus reus

Question 7

mens rea

Answer 7

literally refers to “guilty mind” from latin and means criminal intent

Question 8

actus reus

Answer 8

literally means “guilty action” from latin and refers to the physical part of the offence

Question 9

Mills ‘Harm Principle’

Answer 9

people should be free to act however they wish unless their actions cause harm to somebody else

Question 10

Ex Parte

Answer 10

motions for orders that can be granted without waiting for a response from the other side

Question 11

legal positivism

Answer 11

laws are valid when they are made by the recognised legislative power in the state and do
not have to satisfy any higher authority.

Question 12

Natural law

Answer 12

law should be based on morality and ethics and the validity of man-made laws depends on the laws being made compatible with a higher, moral authority.

If a law does not satisfy the requirement of a higher, moral authority, that law lacks validity.