Law And Morality ✝️

Question 1

What do legal positivist Believe ?

Answer 1

Law which is made in the correct way is valid

Question 2

What do natural law theorist believe?

Answer 2

Law must be at a higher compatibility with higher authority - GOD

Question 3

What are morals ?

Answer 3

Beliefs and values shared by society

Question 4

What is law?

Answer 4

The bodies of principles recognised and applied by the state in the admission of justice - Sir John Salmond

Question 5

What are the several meanings of law ?

Answer 5

All

laws that govern our lives

And specific such as criminal law

Question 6

What did John Austin say about legal positivism?

Answer 6

Law which exists as law though we happen to dislike it

Question 7

What did Austin say about legal positivism within the command theory ?

Answer 7

Law is a command by the sovereign re- enforced by sanctions

Sovereign is the state

Question 8

What did Professor Hart criticise about Austin’s command theory?

Answer 8

Too simplistic it’s difficult to identify the sovereign -Not all law those fit in the theory contract law 

Question 9

What did Professor heart state that the legal system has?

Answer 9

Two different rules

Primary rules - impose legal obligations or grant power eg acts like the theft act 1968

Secondary rules - concerned with the operations of the primary rules

Eg. delegated legislation and processes

Question 10

What’s natural law theorists believed the validity of man-made law depends on?

Answer 10

Compatibility with higher authority

Question 11

What does Thomas Aquinas believed? 

Answer 11

As a natural law theorist- must follow divine law - standards that we must foollow in to attain salvation

Question 12

What does FULLER say in his book of morality of law as a natural law theorist ? 

7 things !

Answer 12

To be trurly legal the legal system must fit in the requirements

generality-There should be rules and not ad hoc judgement - rules set in Advance and people are treated the same with same case

Promulgation- rules Made known to all of those affected by them

Nonretroactivity - also not have a retrospective effect (cannot change multiple times )

Clarity- rules should be understandable

Consistency - rules should not conflict

Realism - people should not be required to do the impossible

Consistency- rules should not be changed so frequently

Congruence - the administration of rules should concise with the information available to the public

Question 13

What are UK morals are being dictated by ?

Answer 13

by dominant religion Christianity

Question 14

What do debated on morals tend to centre on ? 

Answer 14

Sexual issues
life-and-death
medical issues

Question 15

What did DURKHEIM argue That it’s difficult to?

Answer 15

Difficult to pinpoint a set of moral values shared by all

Question 16

What is it easier for less developed societies to agree on?

Answer 16

A moral code

Question 17

What did the DURKHEIM say that societies which are more traditional tend to have?

Answer 17

Collective consciousness

Question 18

What does a society being incredibly diverse make it less easy to do? 

What kind of consciousness did DURKHEIM say this is ?

Answer 18

To Agree to people having
different jobs
religious perspectives
social status

A more individual consciousness

Question 19

What does the DURKHEIM argue that collective consciousness is essential to? 

Answer 19

Strengthen morality 

Question 20

What changes over time ?

Answer 20

Moral and legal rules

Question 21

What change comes first ?

Answer 21

Legal changes come after moral ones

What society agrees something is immortal may become legal

Question 22

What are some examples of moral changes that lead to legal changes?

Answer 22

R v R

The abortion act 1967

Slavery abolishment

Divorce bill 2008

Question 23

What are some legal changes that may lead to social morality ?

Answer 23

Duster - legalisation of morality - history of drug control in America

Was legal in 19th century - restricted for upper class
- morphine ❌ social stigma

The Harrison act 1914 - made it illegal - had to go to the criminal underworld to get them - LC - more contact

Social stigma - born out of legalisation -making drugs illegal lead to cries for greater control over Thoes taken them

Race relations act 1965 opposed by parliment but paved the way for equality legislation

Question 24

What are the similarities between laws and morals ? (4)

Answer 24

1. They are both normative-Into draw the line between what is acceptable and not acceptable behaviour - DL Precedent theft act
2. Legal rules - Backed up by sanctions fines compensation community services

Disapproval for friends and family - being shunned by society

3. Laws can can vary from society to
   Society - soft drugs euthanasia
4. Areas of law - present modern day issues - MPs allows to vote using own moral code - not a party line - “vote of conscience” - used for capital punishment

Question 25

What are the 8 examples of the similarities between laws and morals

Answer 25

In some areas of law such as criminal law The is an obvious moral implication - harming or stealing from others

Vastly opposing views on whether abortion is taking human life or Woman exercising control on her body
abortion act 1967

R V R - Societies changing attitudes towards marital relationships - rape is possible

Changing in police attitudes towards domestic violence - duty to protect goes over right to privacy
Eg - cohesive control

Reasonable man test and criminal acts- to measure against the moral standards of society - Barton V Booth in theft - Blyth V Bath waterworks

Whether the Law uses words like maliciously
dishonesty theft act 1968

there is a moral tone indicating that Person has acted below the standard expected for society

tort nuisance GBH murder definition

Criminal omission deal with moral obligations- responsibility for another Stones V Dobinson

Civil law - moral issues

Question 26

What is the difference between law and morality?

Answer 26

Morality develops over a long period of time but is it possible for law to be introduced instantly

Morality cannot be deliberately changed - long time for society to accept changes in behaviour like homosexuality

law can change quickly is can be decriminalised overnight

Question 27

What does morality depend on?

Answer 27

Voluntary code

Law - enforceable

Question 28

What does morality depend on?

Answer 28

Voluntary code

Law - enforceable

Question 29

What does law have?

Answer 29

More precise content AR and MR of theft

Morals are less precise

Question 30

What do you laws apply to? 

Answer 30

Everyone whereas morals do not apply to everyone

Question 31

What are morals not usually subject to?

Answer 31

Formal adjustication

Question 32

What are some examples of the differences between law and morality?

Answer 32

Gillick V West Norfolk - X immoral to give contraception to go with him or more to offer her protection because someone wanted pregnancy

Strict liability offences - no MR needed so there’s no need for questioning on defendants motive

Telling lies - Immoral but not illegal