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
outline thomas aquinas’ view
eternal, divine and natural law
describe eternal law according to thomas aquinas
governs everything in the universe, such as gravity
describe divine law according to thomas aquinas
the standards to which man must conform in order to attain salvation
describe natural law according to thomas aquinas
implanted by god as nature, to do good and avoid evil
what is the problem with thomas aquinas’ view
it is outdated and not reflective of current society
outline lon fullers view
law is earth based and there to achieve social order, laws must satisfy the inner morality of law or else they lack validity
define morality
a particular system values and principles of conduct, held by a person or by society
define perscriptive
delineating acceptable and unacceptable behaviour
name some distinctive features of morals
right or wrong in accordance
religious beliefs
willingly practised by majority
how we should behave
change over time
what did durkheim contribute to morality
the facts which may contribute to the breakdown of common morality
outline the factors which may breakdown common morality
fragmentation
labour specialisation
diversity of belief
fading religious influence
urbanisation
give examples of areas of law based on morality
rape
reasonable man test
fatal offences
give examples of moral views not upheld by the law
adultery
duress for the vulnerable
give examples of changing morals
abortion
homosexuality
drug use
woman/bme rights
