Relationship Between Law And Morality Flashcards

1
Q

Both are concerned with

A

Setting standards to govern behaviour and the way people are supposed to behave.
Distinguishing between right and wrong.

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2
Q

Natural law

A

Law is based on higher moral authority so law is based on morals
Aquinas - the law must conform to a higher authority to be valid.

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3
Q

Legal postivism

A

The law should be made by recognised legislative power and it doesn’t have to satisfy any higher authority.
Bentham - he believed there is no philosophy or ideology behind the law

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