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9 Cards in this Set
- Front
- Back
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collective judgment |
The consensus that members of a society would reach about which behaviors are morally acceptable and which behaviors are morally unacceptable. This was instrumental to Patrick Devlin’s theory of legal moralism. (Chapter 3) |
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harm principle |
The idea advanced by John Stuart Mill that a society (through the law) should only concern itself with actions that pose a direct harm to others. (Chapter 3) |
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Hart-Devlin debate |
An intellectual exchange between British legal philosophers H. L. A. Hart and Patrick Devlin focused on the role of morality in the law. (Chapter 3) |
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idealistic theories of law |
Theories of law grounded in the idealistic perspective. Common ideas underlying idealistic theories include a strong connection between law and morality and the use of law to draw upon history and tradition in pursuit of ultimate truths. (Chapter 3) |
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legal moralism |
The idea that popular notions of morality should influence decisions about what behaviors the law ought to regulate. This was the perspective held by Patrick Devlin in the Hart-Devlin debate. (Chapter 3) |
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legal positivism |
A philosophy that views the law solely as a human creation rather than as an attempt to discover, confirm, or enforce higher moral standards. This was the perspective held by H. L. A. Hart in the Hart-Devlin debate. (Chapter 3) |
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legal pragmatism |
A legal theory arguing that the law should be based on empirical evidence rather than on grand concepts such as morality. (Chapter 3) |
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natural law |
A belief that there are universally accepted principles of human behavior meant to apply to all person in all places and that law should discover, reflect, and enforce these principles. (Chapter 3) |
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six concepts of law |
A framework for understanding the role of law in society by considering the foundation, rationale, formation, application, focal point, and use of discretion in law. (Chapter 3) |
