law and morality Flashcards
what is positivism
the belief that legal rules have been enacted by the correct procedures and that these must be followed
what is natural law
a moral theory of jurisprudence which maintains that the validity of manmade law depends on the laws being compatible with a higher, moral authority
give two legal professors and their definitions of law
sir john salmond described laws as the body of principles recognised and applied by the state in the administration of justice
John Austin defined laws as a command issued from a sovereign power to an inferior and enforced by coercion
what is a philosopher and his definition of morals
Phil harris defined morals as a set of principles, values, beliefs and standards of behaviour
what is pluralism
a pluralist society is a diverse society where minority groups can tolerate each other’s beliefs when they don’t match their own
give two cases where morality influenced legal change
R v R (marital rape), r v Brown and others
give two cases where morality influenced legal change
R v R (marital rape), r v Brown and others
give two statutes where morality has influenced the law
Abortion act 1967, 28 weeks to 24 weeks
Hunting Act 2004
what did lord devlin believe in
natural law
what did professor hart believe in
positivism
