law and morality Flashcards
define rules
a general norm mandating or guiding conduct
define laws
rules of the state that govern our lives
what are influencing factors of laws
authority of state
certain institutions
sanctions
imposition by state
define legal positivism
laws are valid if they made by the recognised legislative power of the state
name two legal positivists
john austin
h.l.a hart
outline john austins view
a law which exists is a law, even if we happen to dislike it
what is the problem with john austins view
its over simplistic as its only realistic for democratic societies
define command theory
a law is a command that is reinforced through sanction
outline h.l.a harts view
there are primary rules and secondary rules which are there basis of a functioning legal systrm
what are harts primary rules
govern human behavior by imposing obligations or granting rights
what are harts secondary rules
the operation and enforcement of primary rules
what is an example of a primary rule
a law
what is an example of a secondary rule
the police
define natural law
there is a higher moral authority to which man made law must conform in order to be valid
name two supporters of natural law
thomas aquinas
lon fuller
