nature of law Flashcards
law and morality
morality is things that we deem to be right or wrong
-hart-law and morality should be seperate, combining them would infringe our autonomy.
-imorailty in law can lead to punishing people who haven’t caused harm to others and maybe not even broken the law,
-for example in shaw v DPP where d published ladies directly with details of prostitutes-it convicted him of conspiring to corrupt public morals which wasn’t an offence at the time.
-judges are faced with challenge if they believe something is immoral, different judges have different different individual morality
-individual morality- the set of moral principles/values held by a person
r v brown + others, convicted of something they consented to, in A8 people supposedly have a right to sex life but morals were different at this time so this outcome wasn’t viewed as morally wrong.
society
-society - a group of people with common territory, interaction and culture
pluralism - the country is multiculural and has diff moral values.
-society is part of a social structure
-social structure is the arrangement of institutions where humans in a society live together.
society and media can change and influence law
-durkheim, law is needed for society to keep people in social structures.
-althuesser ISA-schools = informal social control RSA-police = formal social control. teach place in society
lord bingham has 8 principles on society:
-only punished for crimes set out by law,
-law should be clear and presice,
-court accessibility - legal funding,
-people should be treated -equally,
-there should be respect for HR,
-questions on infringements are reviewed,
-means of resolving disputes - ADR,
-abide by domestic and international legislation.
-different societies have different views EG: abortion use att gen ref fetus
justice
-justice is fairness, the law should be fair in how it treats people, it should punish the wrongs and protect HR
-plato - justice should be the middle ground of all sectors in society
-aristotle - stressed the needs for society to find the middle ground to protect people from extremists
acquinhas - justice is what governs our relationships with each other
-waffle about intox and loss of control imbalance for asmelash
-waffle some more
-waffle some more
-keep waffling
-dont stop.