Positivism Flashcards
1
Q
What does positivism think?
A
That laws and morals should be kept separate
2
Q
Who are the key theorists for Positivism?
A
Aristotle
Jeremy Bentham
John Stuart Mill
H.L.A Hart
3
Q
Aristotle
A
The law should be ‘reason, free from passion’.
4
Q
Jeremy Bentham
A
Natural law theory is nonsense upon stilts
5
Q
John Stuart Mill
A
‘The only purpose for which power can be rightfully exercised over any member of a civilised society against his will is to prevent harm to others.’
6
Q
H.L.A Hart
A
‘Laws should only intervene where immorality causes harm to the society or harm to the individual concerned.’