Law And Morality Flashcards
Legal rules
Hart stated that legal rules are (4things)
- Enforceable
- Carry a sense of moral obligation
- Reasonable and relevant
- Carry a penalty
Legal rules
Twining and Miers
Defined a rule as
A general norm mandating or guiding conduct
Legal positivism
Hart
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
Moral rules
Durkheim pointed out that although …
Many moral rules are similar there are not a set of moral values that everyone would agree on
Theory - absolutism
Plato, st Thomas Aquinas
Theory- absolutism
Plato, St Thomas Aquinas
Moral truths are fixed for all time and all people and do not change because of circumstance, culture or opinion
Theory- Relativism
Who ?
Hint English n maths
Aristotle
Protagoras
Theory- relativism
Aristotle , Protagoras
Moral truth varies according to culture, time, place, religion
Morals are subjective
Theory-natural law
Aristotle , Aquinas
Moral rules exist within the divine source of nature (Aristotle) with Aquinas believing the divine source was god
Theory - utilitarianism
Who 2 names
Bentham , Mill
Theory- utilitarianism
Bentham , mill
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)
Libertarianism
Who
Mill
Libertarianism
Mill
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
Realism
Who
Oliver Wendell homes
Realism
Oliver Wendell homes
All laws are made by human beings and therefore are subject to human foibles, frailties and imperfections
Similarities between legal rules and moral
People are obdient to both
People feel the ought to follow both sets of rules are normative
Differences
Source Disagreements Development and change Maintaining the rules Enforcement Breaches Men’s tea
Source
Law traced to statute or precedent
Morals come from religion culture and upbringing
Disagreements
Legal disputes solved by looking at statute or going to court
No right answer for morals
Development and change
Legal rules changed in parliament and court
Morals cannot be changed instantly
Maintaining the rules
Legal rules exist until repealed
Moral rules cease to exist once they become worthless
Enforcement
Legal rules enforced by police and legal system
Morals enforced by social pressure
Breaches
Legal rules dealt with in legal system
Moral rules have no consequences
Men’s tea
Strict liability offences mean legal rules don’t require MR but moral rules can only be broken voluntarily
Murder and theft
10 commandments linked to natural law
Euthanasia
Pretty
Clear that euthanasia will always be unacceptable (absolutism)
Man should live life to death through nature / god ( natural law )
Sadomasochism
Brown morally unacceptable went against nature and god ( natural law )
Wilson couple were free to choose to cause harm through branding (libertarianism)
Capital punishment
Death penalty was restricted, suspended and abolished in 1998
Relativism
Racial discrimination
Laws brought in to introduce powers to deal with discrimination
Relativism
Marital tape
In RvR this became an offence as it is no longer socially acceptable (relativism)
Prostitution
Allows women the freedom to choose libertarianism
Neighbour principle
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
Creation of the NHS
Benefits the majority supporting utilitarianism
