Law and Morality Flashcards
What are laws?
set of rules made by the state which can be backed up by sanction and regulate behaviour
What are morals?
principles that are individuals values and beliefs that determine what is right and what is wrong
What is meant by pluralism?
Durkheim proposed that pluralism its Different values and beliefs within one society e.g. Uk which can lead to competing moralities.
What does Dworkin believe?
Everyone has a moral perspective
What does Lee believe?
Emphasises that within any society there is simply competition interests
What does the wolfenden committee believe?
The realm of private morality is not the laws business
What is natural law theory?
Law should be used to enforce moral values
What did Acquinas believe?
natural law theory is a dictate of right of reason
what did John Stuart mill believe?
it only becomes illegal if it causes harm and the only thing the state can do is prevent harm.
What is positivism?
The theory that law and morals should be kept separate
What did Aristotle believe?
the law should be reason from free passion
The hart and Devlin debate
Hart believed that law and morality should be kept separate and morality should not have influence on the law. Whereas Devlin believed that moral behaviour could be improved by using the power of the law.
