Unit 4c Prt 1: Law And Morals

Question 1

What is law?

Answer 1

A body of principles recognised and applied by the administration of justice - Lord Salmond

Compulsory
Easy to change
Clear origins
Apply to everyone

Question 2

What are morals?

Answer 2

A set of belief, values and principles and standards of behaviour - Phil Harris
Developed gradually
Enforced by social and domestic pressure
Describes how people should behave

Question 3

Legal positivists

Answer 3

Like John Austin and Lord Hart Believe that law is valid if it is made by a recognised power- sovereign/government and does not need to satisfy a higher authority

Question 4

Command theory

Answer 4

Lord Austin - the law is a command by the sovereign and carries out consequences if broken

Question 5

Harm principle

Answer 5

Mills - so long as an act effects the individual and not anyone else it should be law
R v wilson - branding
R v Brown - soddomistic activities effected public