U4A: Law and Morality Flashcards
Which two individuals have defined law?
-Sir John Salmond
-John Austin
What is Sir John Salmond’s definition of law?
'’The body of principles recognised and applied by the state in the administration of justice’’
What is John Austin’s definition of law?
“command issued from a sovereign power to an inferior and enforced by coercion”
What are the 4 features of law?
-Source
-Obligation
-Outcome
-Commencement
What is the source of law?
Source: Legal rules are made by judges (common law) or parliament (statutory law)
What does the obligation of law mean?
Obligation: They impose standards upon society which are compulsory
What does the outcome of law mean?
Outcome: To breach these rules will result in sanctions (civil law) or punishment (criminal law)
What does the Commencement of law mean?
These rules are fixed and become the law of the land on a specific date and remain in force until such time as the courts or parliament deems to change them
What is the latin origin of the word ‘Morality’?
-From the Latin ‘mos’ which means custom
Who defined Morality?
-Phil Harris
What does Phil Harris define morality as?
-‘a set of beliefs, values, principles and standards of behaviour’
How does source/obligation/outcome/commencement apply to morality?
Source of morality: Religion, family, peers, media…
Obligation in morality: Voluntary
Outcomes in morality: Informal sanctions, not specified
Commencemen in morality: Moral rules can change over time
What are some examples of morality changes over time?
Sex before marriage, homosexuality
What are some examples of where law and morality overlap?
What are some examples where law and morality do not overlap?
Do we all have the same moral code?
What is Pluralism?
What is Natural law?
What is Positivism?
What is Hart’s view? (Positivism)
What did John Stuart Mill say about exercising power over society?
What is Hart’s Concept of law? Include year
Who is Aristotle?
What did Aristotle’s work focus on?
