STUDY UNIT 2: LAW AND MORALITY/ SOCIAL CONTRACT & JUSTICE Flashcards
DEFINE SOCIAL CONTRACT
is the view that person’s moral and/or political obligations are dependent upon a contract/agreement among them to form the society they live in
DESCRIBE SOCIAL CONTRACT
it is an agreement amongst citizens that empowers leaders to be in charge of organizing society for the basis of survival.
individuals are required to give up their freedom for the cause of the agreement/contract.
the contract ensures & grants protection towards society and the laws are implied in daily lives within relationships and business interactions.
LEGAL POSITIVISM
philosophy that believes law’s validity depends on the question whether it was enacted or determined by authority regardless of its moral desirability.
NATURAL LAW
an approach to law where laws are only recognized as valid if they comply with universal principles of morality and justice
DIFFERENCE BETWEEN LAW AND NORMS
law is the set of norms that distinguish good from bad
norms are rules that regulate human conduct
FACTORS THAT INFLUENCE LAW AND MORALITY
religion
individual morality
community morality
RELIGION AS A FACTOR
it determines the relationship between an individual and a supreme being
religion and law have some same content but they don’t overlap
INDIVIDUAL MORALITY AS A FACTOR
morality is an individual’s ideal self image-the private conflict between an individual and his/her conscience
COMMUNITY MORALITY
the norms of the whole community or community groups
these norms at times coincide with the law