Law and Morality Flashcards
What was the Twining and Myers definition of a rule?
A rule is a ‘general norm mandating or guiding conduct’
What is legal positivism?
Law is valid where they are made by the recognised legislative power
What was Jeremy Bentham’s view?
People might dislike a law but that doesn’t change its validity
What was John Austin’s view?
Laws are commands issued by the sovereign; these commands are enforced by sanctions
What did HLA Hart believe in regard to law and morality?
Believes in the separation of laws and morality, and primary and secondary rules
What are primary and secondary rules?
Primary rules are rules imposing a legal obligation.
Secondary rules and rules concerned with the operation of primary rules
What was Raz’s belief on laws and morality?
Law is autonomous and doesn’t require reference to morality
What was Hans Kelsen’s belief on laws and morality?
Morality is not a part of the law
What is natural law?
Natural law rejects legal positivism and supports that the validity of law depends on moral authority
What was Lon Fuller’s view of law?
Serves the purpose to achieve social order through subjecting people’s conduct to the guidance of general rules
What is morality?
Personal/collective to society as a whole. It differentiates between acceptable and unacceptable behaviour
What was Mary Warnock’s view of morality?
It is not fixed and can change as people and society vary
How are the lines between legal and moral rules blurred?
Many acts are immoral but not illegal in the UK, like adultery. However, some moral rules also influence legal rules, like in R v R
What were the views of H.L.A. Hart and Lord Devlin in the Hart-Devlin debate?
Hart= Law shouldn’t intrude on peoples private lies.
Devlin= “without shared ideas on politics, morals and ethics, no society can exist”
What are Hart’s three criteria for when law should intervene with private lives?
- Defence of public order
- Actual harm to the individual
- Protecting the vulnerable
