Law And Morality Flashcards
Definition of the law
Sir John Salmond “the body of principles recognised and applied by the state in administration of justice”
Characteristics of law
Compliance is compulsory, breach will result in state sanctions, laws come into force at a specific time
Definition of Morality
Phil Harris “set of beliefs, values, principles and standards of behaviour”
Characteristics of morality
Compliance not required by the state, people informally influenced by social pressure, moral rules developed gradually over time
Legal liberalism
Professor Hart- law should only cross with morality when somebody wants to hurt themselves or others, people should have the liberty to do as they please for other issues
Legal moralism
Lord devlin- law should be based on morality and we should all follow a common moral code which is then enforced by law
