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34 Cards in this Set
- Front
- Back
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What did John salmond define legal rules as ? |
"The body of principles recognized and applied by the state in the administration of Justice. " |
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What did John Austin define legal rules as ? |
"a command issued from a sovereign power to an inferior and enforced by coercion. In Britain this sovereign power is parliament although judges also make legal rules (command theory). “ |
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What are the characteristics of legal rules? |
•compliance is compulsory •enforced by the state |
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What did Phil Harris define Society’s code of morals as ? |
“A set of beliefs, values, principles and standards of behaviour” |
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What did Durkheim define morals as? |
Similar to Harris, Durkheim stated moral rules are conditioned both socially and historically. Each society creates, over time, its own set of moral rules. |
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What are the characteristics of moral rules? |
• compliance not required by the state • society is pluralistic - not every has the same belief but tolerate them. • moral rules develop gradually E.G attitudes to same sex relationships. |
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What are the differences between legal and moral rules? Name 5 |
- laws exist ~ moral rules are not scientific truths - laws are made instantly ~ moral rules evolve over time - laws are enforced by the state ~ moral rules are enforced informally - laws can impose strict liability ~ moral rules cannot - laws are the same for everybody ~ moral codes vary |
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Give an example of how legal rules enforce moral rules. |
Legal rules can have a moral connection. E.G, laws on theft and murder relate to the 10 commandments. |
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Criminal law example of law enforcing morals |
RvR 1991 a man should not force sex with wife |
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Criminal law example of law enforcing morals |
RvR 1991 a man should not force sex with wife |
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Contract law example of laws enforcing morals |
Central London property v high trees house 1947, Lord Denning created the “equitable remedy of promissory estoppel” (people shouldn’t go back on promises) |
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Criminal law example of law enforcing morals |
RvR 1991 a man should not force sex with wife |
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Contract law example of laws enforcing morals |
Central London property v high trees house 1947, Lord Denning created the “equitable remedy of promissory estoppel” (people shouldn’t go back on promises) |
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Tort law example of laws enforcing morals |
Decision in Chadwick v British railway board 1967 was influenced. |
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Statutory example of legal rules influenced by moral rule. - public morality in 1960. |
- public morality ~ abortion, prostitution and homosexuality reflect permissive moral ideas of the 1960s. |
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Statutory examples of legal rules influence by moral. - sexual offences act 1967. |
- sexual offences Act 1967 ~ legalised homosexual acts in public. Age of consent change to 18 in 1994 for gay couples & then same as heterosexuals (16) in 2000. |
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Who is Aristotle ? What did he believe? |
- natural law theorist - 4th century Greek philosopher - law should be by the power of human reason |
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Who is Aquinas? What did he believe? |
- considered law of God - god enabled man to know the truth and so help enforce laws with their morals |
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Who is fuller? What did he state? |
- since decline in religion, Fuller stated valid legal system had eight requirements, including that it is in existence, published, understandable and consistent. |
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Who is Bentham? And what does he believe? |
Bentham rejected natural law theorists (NLT) as being nonsense. Said natural law was based on unproven principles and NLT confused moral and legal issues. Based on “greatest happiness for the greatest number” |
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What is the Hart and decline debate? |
In 1950s, public concern about an apparent decline in sexual morality. They discussed the extent of which law should enforce moral rules. |
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What did Lord Devlin state? |
Sexual offenders act 1967 was introduced by Wolfenden Committee in its 1957 report. Lord Devils thought there should be a shared morality in society and that society may disintegrate is morals were not upheld. |
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Why did Hart and Mill disagree with Devlin? |
Believed in a utilitarian approach. Believed the minority shouldn’t be made to conform with minority. |
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Why did Hart not agree with morals and legal issues coinciding? |
Believed if they coincide then would infringe a person’s anatomy. |
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Explain what happened in Hart-Fuller debate relating to WW2. |
Hart believed Law’s made during ww2 are still enforceable even though immoral. Fuller said they went against natural law and didn’t uphold morality so never actually valid. |
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Name 5 human rights |
1) right to life 2) right to freedom from torture 3) freedom to thought/ religion/ belief 4) right to fair trial 5) freedom from slavery & forced labour |
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Name 2 examples where laws and morals are not connected |
1) parking 2) speeding |
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Some moral rules have legal backing. Name an example. |
There’s no legal rule stating you should rescue someone who may be drowning. |
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What is a pluralistic society? |
Society rich in diversity. ~ different incomes, ethnicities, social status, religion etc. |
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What point did Durkheim make about a pluralistic society? |
Small society’s may have common morals and therefore common laws. But due to PS it is hard to please everyone in a modern society. |
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Give an example of views on a pluralistic society. And how might parliament overcome this? |
Due to a PS hard to please everyone. Parliament may use private member bills to pass controversial laws. Like when legalising the abortion act 1967. |
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Give an example of how views vary on certain laws. (Gays) |
In case of Bull&Bull V Hall&Preddy a hotel owner wouldn’t let same sex couples sleep together in same room. This was contrary to the Equality Act (sexual orientation regulations) 2007. |
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What do natural law theorists argue? |
Argue legal rules must have moral connections or they are not afforded status of law. |
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What do positivists argue ? |
Legal rules and morals should be separated. |
