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A Nature Of Law > Law And Morality > Flashcards

Law And Morality Flashcards

1
Q

Side of argument

A

Law should NOT enforce morality

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2
Q

P1
Where do law and morality coincide

A

Laws can be created as moral - RVR - martial rape

Set standard and dictate way majority behave

Both can be disgreegarded by some

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3
Q

What is law

A

Rule that determines the way people behave as they are enforceable in some way

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4
Q

What are morals

A

Non compulsory and behave that way due to social pressures

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5
Q

What do positivist beleave

A

Laws are Valid regardless of morals

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6
Q

Naturalist belief

A

Laws should enforce morals

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7
Q

P1 where do laws and morals not coincide

A

Laws are enforceable with legal consequences
Morals only social disapproval
Laws are objective morals subjective
Morals depend on factors - wealth/ religion
There are morals that are not laws like adultry

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8
Q

What factors effect morals

A

Wealth
Education
Culture
Religion
Family
Politics
Class

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9
Q

Bentham

A

Greatest good for greatest number with out harming few

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10
Q

Mill

A

Harm principle
Actions are limited to stop preventing harm to others

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11
Q

Greatest good for greatest number example

A

Insanity
Protect public as in hospital
But not harm few as in hospital not prison

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12
Q

Austin theory

A

Command theory

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13
Q

What is command theory

A

Issued by gov
Threat of punishment
Generally obeyed

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14
Q

Kelsen

A

Law and morality have nothing to do with each other

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15
Q

Kelsen EG

A

Literal rule
Courts not interfering with bad bargaining

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16
Q

Aquinas

A

Law should follow 10 commandments

17
Q

Issue with Aquianas

A

Pleurisy society so many wouldn’t agree with 10 commandments

Thou shall not kill yet can kill in self defence - crim just immigrat act 2008

However thou shall not kill followed in dursss - R V gotts V Howe not due murder or attempted

18
Q

Fuller

A

Some laws are so immoral they must be wrong

19
Q

Fuller example

A

Euthanasia can be seen as morally right yet still not enforced in law
DPP V PRETTY
Baroness mecher bill not pass
Dr cos

20
Q

Hart V devlin sides

A

Hart = positivist
Devlin = naturalist

21
Q

Devlin view

A

Naturalist
Without shared morals then no society can exist
Reasonable man should see if immoral and if disgust then illegal

22
Q

Issue with devlin side

A

Reasonable man test - pluristic society so range of views that won’t be consistent
Judges completing reasonable man will have narrow backgrounds

Tho Jury’s can give perverse verdict

23
Q

Hart

A

Society should not interfere with moral conduct

Protect freedom - R V Wilson can consent to harm

Laws that enforce morals should cease

24
Q

Why morals cannot be enforced

A

Pluralist society - who’s morals to enforce
Changing with times

A Nature Of Law (5 decks)

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