#LM- law and morality Flashcards
define law
objective rules and regulations
what is morality
subjective personal/ collective morals which act as a code of conduct for what is right or wrong
what are the main ideas that should go into your essay
differences and simlarities between law and morality
theories
issues with a pluralist society
acts and examples
main points about law
made by formal institutions can be instantly chnaged but slow clearly established clear punishments irrelevant if society agrees obligatory/objective fault and strict liability
main points about morality
evolve, not formally made- religious texts very slow to evolve vaguely defined society disapproves morals are subjective fault based
what are the two competing theories
natural law
psoitivism
hart devlin debate
what is natural law
morals come from higher divine source, laws are there to enforce morals. laws are there to enforce morals
who are natural law theorists
sir thomas aquinas
simonds
what is positivism
kaws are valid because they’re made by higher legislative power. seperate from morals
who are positvist theorists
artistotle, Js Mill, Bentham
what was the Hart Devlin debate
Hart= positvism seperate from morals state should be seperate unless necessary- actions harm others Devlin= Laws should enforce morality better people, discourage vices
what are the issues with a puralist society
law would need to enforce common morality. pluralism is different cultures within one society
utilateralism= greatest good for greatest number of people.
what areas must be included
criminal
contract
tort
