Law and morality - paper 3 Flashcards
What is law?
Rules which have legal consequences if they aren’t followed.
How are laws made?
Through formal processes and can be made quickly if needed e.g. covid rules.
What is utalitarianism?
The belief that law and morality should be kept separate.
What does Thomas Aquinas say about natural law?
law that follows the law in the bible is a moral law and one that does not is immoral e.g. The Abortion Act 1967.
What is morality?
Norms that are developed over a long period of time by the community.
Are there formal consequences for moral laws?
No however you may be shunned your community e.g. being unfaithful to your partner.
What is the overlap between law and morality?
Most illegal actions are also immoral e.g. stealing. However mercy killings are illegal but not necessarily immoral.
What do positivists say?
That if laws are made correctly then they should be followed.
What did the Wolfenden Committee want to do?
Legalise prostitution and homosexuality.
What did Professor Hart say about the Wolfenden committee?
Positivist - agreed with the findings of the committee.
What did Cora Devlin say about the Wolfenden committee?
Natural law theorist - didn’t agree with the findings of the committee.
