PAPER 3: Law and Morality Flashcards
What are rules?
Rules determine the way we behave.
It’s either voluntary as we have morals or enforceable through laws.
State John Austin and Sir John Salmond’s definition of the law?
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.’
What is the law?
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
What is morality?
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
State examples of laws
Laws are re
