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Nature of law > Law and morality > Flashcards

Law and morality Flashcards

1
Q

What did Sir John Salmond say about the law?

A

The body of principles recognised and applied by the state in the administration of justice.

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2
Q

What did John Austin say about the law?

A

A command issued from a sovereign power to an inferior and enforced by coercion.

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3
Q

Law principles

A

Compulsory
Made and take effect at the time
Laid down as acts of parliament
Made by constitutionally recognised bodies.

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4
Q

Compulsory example

A

Education Act 1996

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5
Q

Made and take effect at precise time example

A

1st July 2007 smoking banned in public

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6
Q

Laid down as act of parliament example

A

Abortion Act

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7
Q

What did Phil Harris say a moral was?

A

A set of beliefs, values, principles and standards of behaviour.

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8
Q

What did the dictionary say a moral was?

A

A particular system of values and principles of conduct especially one held by a specified person or society.

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9
Q

Moral principles

A

Voluntary
Develop gradually
Rules are open to debate
Enforced informally

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10
Q

Voluntary example

A

Religious ideas

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11
Q

Develop gradually example

A

Morals associated with LGBT

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12
Q

Rules are open to debate example

A

Abortion

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13
Q

Legal positivists

A

Believe that laws are valid where they are made by recognised legislative power and don’t satisfy higher authority.

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14
Q

Jeremy Bentham

A

Law is a command expressing the will of sovereign.

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15
Q

John Austin 3 command theory

A

Laws are commands are issued by the sovereign.
Commands are enforced by sanctions.
Sovereign is one who is obeyed by the majority.

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16
Q

Professor HLA Hart

A

Primary and secondary rules which form the basis of functioning legal system.

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17
Q

Primary rules

A

Impose legal obligation as in criminal law or grant powers as in power to make will or contract.

18
Q

Secondary rules

A

Concerned with operation of primary legal rules.

19
Q

Secondary rules examples

A

Powers to make acts and precedents
Rule to amend or get rid of laws
Rule to allow courts to settle disputes and interpret the law.

20
Q

Powers to make acts and precedents

A

Rule of recognition

21
Q

Rule to amend and get rid of law

A

Overruling

22
Q

Rules to allow courts to settle disputes and interpret the law

A

Literal rule

23
Q

Natural law

A

For laws to be valid they must follow a higher moral authority

24
Q

Aristotle

A

Natural for mankind to have as it’s laws.

25
Q

Who was Aristotle?

A

A Greek philosopher in 4th BC

26
Q

Who was Thomas Aquinas?

A

13th century catholic theologian

27
Q

What did Thomas Aquinas create?

A

Divine law

28
Q

What did the divine law say?

A

Rules implemented by God so we have a natural inclination to behave in a way that fulfils our purpose in life.

29
Q

Who is Jon Fuller?

A

Professor

30
Q

What did Jon Fuller say the purpose of law was?

A

Achieve social order through subjecting people’s conduct to the guidance of general rules by which they can control behaviour.

31
Q

Changing morality

A

Arranged marriage
Sexuality
Drugs

32
Q

Reasons why rules are obeyed by most

A

Moral obligations
Reasonable
Penalty/sanctions

33
Q

What happened in the case of Turing?

A

Convicted for having a sexual relationship with a man.

34
Q

What happened in the case of Bell?

A

Found that under 16’s did not have the capacity to consent to puberty blockers.

35
Q

What happened in the Promfumo affair?

A

A Mp lied to the parliament about his affair with a Russian spy.

36
Q

What happened in the nazi wife case?

A

False imprisonment however was just following laws of the time.

37
Q

How does law reflect morality?

A

Law comes from moral and religious source.
Law changes to include moral change.

38
Q

What is the development of coincidence of law and morality?

A

Laws reflection of morality.

39
Q

Development of coincidence of law examples

A

R
Brown
Gillick competence

40
Q

Law Reform

A

Same sex marriage act
Equality Act 2010

41
Q

Law reform public morality

A

Sexual equality
racial equality
disability

Nature of law (2 decks)

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