Morality Essay Flashcards
What is the definition for law and morality
Law- Sir John Salmond “the body of principles recognised and applied by the state in the administration of justice”
Morality- Phil Harris “a set of beliefs, values and principles and standards of behaviour”
What are the characteristics of legal rules?
Must follow them
Come into action at an exact time
Sanctions/punishments will be given if not followed
What are the characteristics of moral rules?
Do not have to follow
Come into action over a period of time
No official sanctions/punishments
Who are the two people that discuss whether law should enforce morality?
Lord Devlin- Yes
Professor Hart- No
What does Lord Devlin say?
Law should be based upon morality as common morality exists.
Meaning the “right thinking member of society” is the majority
What does professor Hart say?
No the law shouldn’t be based upon morality as we live in a pluralistic society (different views)
Morality laws may be stuck for a very long time
