Law & Morality Debates Flashcards
1
Q
Hart-Fuller: views
A
- Hart believes that law and morality can intersect but should remains separate
- Fuller believes they and connected - no distinction
2
Q
Hart-Fuller: Case
A
Nazi Grudge case
3
Q
Hart-Fuller: H argument
A
- Laws made by German government during the second world war were valid.
4
Q
Hart-Fuller: F argument
A
- German courts were correct in their decision
5
Q
Hart-Devlin Debate
A
- Followed the Wolfenden Report 1957
- Hart agreed, Devlin did not
- Ruled in favor of Hart
6
Q
Devlin support case
A
DPP v Shaw
R v Brown vs R v Wilson
7
Q
Hart support case:
A
Gillick v West Norfolk and Wisbech AHA
8
Q
Devlin: Advantage
A
Promotes individual liberty
9
Q
Devlin: Disadvantage
A
Allows the majority to impose its view on the minority
10
Q
Hart: Advantage
A
Upholds individual autonomy
11
Q
Hart: Disadvantage
A
Only considered one aspect of human life
