Theorists

Question 1

Natural law

Answer 1

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

Question 2

Legal Positivism

Answer 2

The law should be made by a recognised legislative power and it doesn’t have to satisfy any higher authority
Bentham- believed there is no philosophy or ideology behind the law, it is written based on what is needed within society rather than what morals say

Question 3

Morals leading to developments in law

Answer 3

RvR
Marital Rape became illegal in 1991

Question 4

RvR AO3

Answer 4

Owen J- hard to believe we ever had a common law that entitled a husband to force his wife to have sex with him.
This change shows how morals changed and law eventually caught up with those
Upholds public policy to protect the public (women)
also enabled the law to be up to date and created some certainty on the issue around marital rights, upholding RoL