law and morality

• what is the definition of law?


  Law is the body of rules recognized as binding among people in a community or state, imposed and enforced through appropriate sanctions, adapted from the definition of LB curzon
• how would a legal positivist define law?


  Legal positivists, like John Austin, argue that law is any legal rule made using a recognized format and upheld by the state, irrespective of morality.
• What is the command theory of law, and who proposed it?


  Proposed by John Austin, this theory suggests that laws are commands from a sovereign that must be followed, separate from their moral value.
• What are the criticisms of the command theory?


  It is considered simplistic, failing to account for areas like contract law or wills that don't involve sovereign commands and struggles to define who the sovereign is.
• How does HLA Hart distinguish between laws?


  Hart divides laws into primary rules (imposing obligations or granting powers) and secondary rules (regulating primary rules, such as their creation and adjudication).
• What is the natural law theory?


  Natural law theorists believe law is derived from a higher moral authority, such as nature (Aristotle) or God (Aquinas), and laws lacking this conformity are invalid.
• What are morals, how do they differ from legal rules?


  Morals are societal beliefs about right and wrong, evolving informally over time, while legal rules are formally created, definitive, and enforceable by the state.
• How do law and morality overlap?


  Both guide conduct, often overlapping (e.g., prohibitions on murder reflect moral views). However, not all moral rules are legal (e.g., adultery is not a criminal offense).
• what are examples of changing moral values influencing the law?

  Examples include the abolition of marital rape as a defense (R v R, 1991) and anti-discrimination laws like the Race Relations Act.
• What is an example o the law attempting to change societal morals?


  Laws such as the Race Relations Act 1965 were introduced to challenge existing societal prejudices and promote equality.
• What is the harm to others principle, who proposed it?


  John Stuart Mill proposed this liberal principle, stating that law should only restrict actions that harm others, not those harming oneself.
• How does lord devlin's view of law and morality differ from John Stuart Mill's?


  Devlin believed that law should enforce morality to preserve societal order, asserting that a shared morality is essential for society's existence.
• What is HLA Hart's perspective on the legal enforcement of morality?


  Hart argued for minimal legal intervention in morality, restricting it to prevent harm to others or the erosion of dominant societal morals.
• What is an example of judges reflecting moral values in the law?


  In Shaw v DPP, the court invented the crime of "conspiracy to corrupt public morals" to convict the defendant, demonstrating moral considerations.
• What are some ongoing legal debates that are influenced by morality?

  Abortion, capital punishment, euthanasia, same-sex marriage, assisted suicide (e.g., Diane Pretty's case), and stem cell research.
• How does the legal principle in donoghue v Stevenson reflect morality?


  Lord Atkin's "neighbor principle" emphasizes a moral duty to avoid causing harm to others, influencing the law of negligence.
• How does the law in Rylands v Fletcher demonstrate moral responsibility?


  This case introduced strict liability for damages caused by something escaping from one's land, reflecting a moral duty to prevent harm.
• What is the ongoing tension in the cases of r v brown, r v emmett, and r v wilson?


  These cases highlight the conflict between protecting societal morals and respecting individual autonomy.
• What role does pluralism play in law and morality?


  In pluralistic societies, diverse moral views coexist, challenging the law to balance conflicting values without undermining cohesion.
• Why is the relationship between law and morality significant in a pluralistic society?


  It ensures that laws remain relevant, ethical, and reflective of societal changes while managing conflicting moral perspectives.