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Law 04 > Law And Morality > Flashcards

Law And Morality Flashcards

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1
Q

Legal rules

Hart stated that legal rules are (4things)

A
  1. Enforceable
  2. Carry a sense of moral obligation
  3. Reasonable and relevant
  4. Carry a penalty
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2
Q

Legal rules

Twining and Miers
Defined a rule as

A

A general norm mandating or guiding conduct

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3
Q

Legal positivism

Hart

A

The validity of law no connection with morality as long as it is made in the proper manner by a recognised authority

Should be followed even if it conflicts with moral values

Morality is too subjective

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4
Q

Moral rules

Durkheim pointed out that although …

A

Many moral rules are similar there are not a set of moral values that everyone would agree on

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5
Q

Theory - absolutism

A

Plato, st Thomas Aquinas

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6
Q

Theory- absolutism

Plato, St Thomas Aquinas

A

Moral truths are fixed for all time and all people and do not change because of circumstance, culture or opinion

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7
Q

Theory- Relativism

Who ?

Hint English n maths

A

Aristotle

Protagoras

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8
Q

Theory- relativism

Aristotle , Protagoras

A

Moral truth varies according to culture, time, place, religion

Morals are subjective

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9
Q

Theory-natural law

Aristotle , Aquinas

A

Moral rules exist within the divine source of nature (Aristotle) with Aquinas believing the divine source was god

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10
Q

Theory - utilitarianism

Who 2 names

A

Bentham , Mill

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11
Q

Theory- utilitarianism

Bentham , mill

A

Based on the principle of utility which aims to maximise happiness

The rightness or wrongness of an action is determined by its usefulness (utility)

Greater good for greatest number (democratic)

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12
Q

Libertarianism

Who

A

Mill

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13
Q

Libertarianism

Mill

A

Individual freedom and autonomy

People are absolute owners owners of their lives and should be free to do whatever they want to their own bodies and property as long as it doesn’t harm others

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14
Q

Realism

Who

A

Oliver Wendell homes

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15
Q

Realism

Oliver Wendell homes

A

All laws are made by human beings and therefore are subject to human foibles, frailties and imperfections

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16
Q

Similarities between legal rules and moral

A

People are obdient to both

People feel the ought to follow both sets of rules are normative

17
Q

Differences

A 
Source 
Disagreements
Development and change 
Maintaining the rules 
Enforcement 
Breaches 
Men’s tea
18
Q

Source

A

Law traced to statute or precedent

Morals come from religion culture and upbringing

19
Q

Disagreements

A

Legal disputes solved by looking at statute or going to court

No right answer for morals

20
Q

Development and change

A

Legal rules changed in parliament and court

Morals cannot be changed instantly

21
Q

Maintaining the rules

A

Legal rules exist until repealed

Moral rules cease to exist once they become worthless

22
Q

Enforcement

A

Legal rules enforced by police and legal system

Morals enforced by social pressure

23
Q

Breaches

A

Legal rules dealt with in legal system

Moral rules have no consequences

24
Q

Men’s tea

A

Strict liability offences mean legal rules don’t require MR but moral rules can only be broken voluntarily

25
Q

Murder and theft

A

10 commandments linked to natural law

26
Q

Euthanasia

A

Pretty
Clear that euthanasia will always be unacceptable (absolutism)

Man should live life to death through nature / god ( natural law )

27
Q

Sadomasochism

A

Brown morally unacceptable went against nature and god ( natural law )

Wilson couple were free to choose to cause harm through branding (libertarianism)

28
Q

Capital punishment

A

Death penalty was restricted, suspended and abolished in 1998
Relativism

29
Q

Racial discrimination

A

Laws brought in to introduce powers to deal with discrimination

Relativism

30
Q

Marital tape

A

In RvR this became an offence as it is no longer socially acceptable (relativism)

31
Q

Prostitution

A

Allows women the freedom to choose libertarianism

32
Q

Neighbour principle

A

In Donoghue v Stevenson

Lord Atkin declared what he thought was acceptable (realism) and considering the notion of love thy neighbour this supports natural law

33
Q

Creation of the NHS

A

Benefits the majority supporting utilitarianism

Law 04 (1 decks)

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