Theories of Law and Morals Flashcards
1
Q
Theories
A
- Legal Positivism
- Natural Law
2
Q
Legal Positivism
A
- All laws are man-made and thereby advocate the separation of laws and morals
- H.L.A Hart
3
Q
H.L.A Hart theory
A
- Insists on the separation of law and morality
- Acknowledges they have a close relationship
- Does not believe that they are interdependent on each other.
4
Q
Legal Positivism: Euthanasia
A
80% of the population agrees
Tony Nicklinson case
5
Q
Legal Positivism: advantages
A
- Clearness of positivism
- Clear standard
6
Q
Legal Positivism: Disadvantages
A
- Would not be completely effective
- Some morals need to be enforced (education)
7
Q
Natural Law
A
- Validity of man-made laws, being compatible with a higher, moral authority.
- Lord Devlin
8
Q
Devlin’s theory
A
- Law and morality are inseparable
- Law should intervene to support morality
- Immoral acts could undermine society
- Judges should enforce moral rules to protect society
9
Q
Natural Law: Advantages
A
- Clear cut rules
- Creates a link between creator and creation
- Values human life
10
Q
Natural Law: Disadvantages
A
- Non believer would have no desire to follow the system
- Outdated
Bull v Hall
