Morality - Paper 2 & 3 Flashcards
What is John Salmond’s definition of Law?
The body of principles recognised and applied by the state in the administration of justice
What is Phil Harris’ definition of Morality?
A set of beliefs, values, and principles and standards of behaviour
What are the characteristics of legal rules?
They must be followed, enforced by the state, and take effect at a precise moment in time
What are the characteristics of moral rules?
Compliance is not required by the state, people are informally influenced by social pressure, and they develop gradually over time
What is the theory of Legal Liberalism?
Law should only cross with morality when somebody wants to hurt themselves or others
Who advocated the theory of Legal Liberalism?
Professor Hart
What is the theory of Legal Moralism?
Law should be based on morality and we should all follow a common moral code which is then enforced by the law
Who followed the theory of Legal Moralism?
Lord Devlin