Law and Morality

structure of law and morality question

law

legal and moral rules def

sim and diffs

relationship

tort

apply

conclude - connection of legal/moral rules and role in tort

What is a law?

a rule

Who helps define a law?

Twining & Miers

HLA Hart

Sir John Salmond

How does Twining & Miers define law?

a general norm mandating or guiding conduct

What did HLA Hart say about law?

followed:
because they carry moral obligation

rule is reasonable/relevant

penalty imposed if not

Sir John Salmond on law

body of principles recognised and applied by the State in the administration of justice

legal rules

rules created by an authority within a jurisdiction

moral rules

rules from general ideas of morality from social attitudes, religion, philosophy

sim of legal and moral rules

govern society

similar language

e.g similar language in legal and moral rules

care

duty of care in neg

diffs of legal and moral rules

origin

enforcement

application

How does origin of legal and moral rules differ?

legal clear origin

How does enforcement of legal and moral rules differ?

legal rules have formal procedures of enforcement

How does application of legal and moral rules differ?

legal rules apply to all whereas moral only apply to those who accept them

What theories help establish relationship between law and morality?

legal positivism

natural law theory

legal positivism

if law is made following procedures of legislative power, it is law

proponents of legal positivism

Bentham
Austin

Bentham on legal positivism

the existence of law is one thing, its merit or demerit is another

Austin on legal positivism

once laws are put in place, they are binding upon people, whatever the morality of their content

What does legal positivism suggest about the relationship between morality and the law?

they are separate

How did HLA Hart see the separation of law and morality?

correct but law should be union primary and secondary rules where primary rules = legal obligations and secondary stipulate how they should be operated

What does primary and secondary rules suggest about relationship of law and morality?

need to determine obligation and operation of enforcing obligations

natural law

law can only be law if they have moral authority

propoents of natural law?

Thomas Aquinas

Lon Fuller

What did Aquinas write on natural law?

Summa Theologica

What did Fuller write on natural law?

The Morality of Law

The Morality of Law

legal system should achieve social order and satisfy 8 principles of the Inner Morality of Law

def morality

particular system of values and principles of conduct especially one held by a person or society

What kind of society is UK?

pluralist

pluralism

diverse society with multiple belief systems