Law and Morality Flashcards
What is a legal rule ?
Case law and statute law that has enforceable penalties in the legal system
What is a moral rule ?
Rules formed from societies or an individuals values that, if are broken is looked down on
What are the ideas of legal positivism ?
This proposes that laws are valid because they are made and recognised by legislative power and don’t need to satisfy a higher power
What are the ideas of natural law ?
The validity of laws depends on them being compatible with higher moral authority
What were fullers ideas ?
He set out 8 principles to show that the purpose of the law is to achive social order using general rules
What were fullers 8 principles ?
Existing
Promulgated
Prospective
Clear and concise
Not contradictory in nature
Not require the impossible
Constant
Applied and administered as stated
What were Aquinas ideas ?
Aquinas ideas are mostly the same as his 5 key precepts
Worship God
Life
Education
Law & Order
Reproduction
What did Lord Devlin say ?
The fabric of society depends on common morality
Private wrongs still threaten society
Only when conduct is incoherent should it be prohibited by law
What did Professor Hart say ?
The law should have a limited role in enforcing morality
Sanctioned enforcements of morality in certain situations should only occur when it threatens society cohesion
