PAPER 3: Law and Morality Flashcards

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1
Q

What are rules?

A

Rules determine the way we behave.

It’s either voluntary as we have morals or enforceable through laws.

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2
Q

State John Austin and Sir John Salmond’s definition of the law?

A

John Austin (English jurist born 1790) – “A body of rules fixed and enforced issued by a sovereign political authority to an inferior and enforced by coercion.”

Sir John Salmond (Early 20th Century) – ‘the body of principles recognised and applied by the state in the administration of justice.’

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3
Q

What is the law?

A

the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members
Law is a formal mechanism of social control.
Legal systems are particular ways of establishing and maintaining social order.

There’s laws t do with the universe such as astrodynamics. These cannot be changed and

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4
Q

What is morality?

A

Comes from a Latin word mos – meaning custom, habit or usage that is defined by man’s will rather than by law.
Custom formed a basis for a code of conduct by which society existed:
No identifiable origin
Course of conduct willingly practiced
Value was attached to it
Adherence matter for public judgement
Not enshrined in law

moral attitudes changeovertime

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5
Q

State examples of laws

A

Laws are re

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