Law + Morals Flashcards
Define law.
- Set of rules created by gov which forms a framework to ensure a peaceful society.
Explain legal positivism.
- Jeremy Bentham: stated ‘existence of law is one thing, its merit/demerit is another. A law which exists is a law, even though we happen to dislike it.’
- Individuals may find a law offensive, but doesn’t affect its validity, as morality is irrelevant to law.
Explain natural law.
- Lon Fuller: argued law serves purpose to ‘achieve social order through subjecting peoples conduct to guidance or general rules by which they make themselves orient their behaviour.’
- If law is to achieve this purpose, must satisfy 8 principles making up the inner morality of law.
Define morals + explain the relationship between legal rules + moral rules.
- A particular system of values + principles of conduct, especially one held by a specified person or society. Come from religion, those around you, e.t.c.
- Legal Rules: formal mechanism of social control, + must be obeyed.
- Moral Rules: voluntary + apply to only those who accept them.
- If law + morals coincide, there’s a benefit to the public, as we’re more likely to follow it + believe justice is achieved.
Explain the legal enforcement of moral rules - Hart v Devlin Debate.
Based on Wolfender Report 1957- recommendations to decriminalise homosexual behaviour between 2 consenting adults in private + fix age of consent to 21.
* Hart, an academic, agrees with report; states society shouldn’t interfered with private moral/immoral conduct. Morality should be enforced in certain circumstances- must be more than a mere challenge to society’s code of conduct- genuine public nuisance.
* Devlin, judge, states when behaviour’s reached limit of ‘disgust’ legislation against it was needed. Society needs a moral identity to make it cohere.
