Law and Morality

Jurisprudence?

‘The body of principles recognised and applied by the state in the administration of justice. Or more shortly: the law consists of the rules recognised and acted on in the courts of justice’ Sir John Almond

Legal positivist?

If law has gne through the correct procedure then it is lawful.

Herbert Hart: no link between moral and lawful:

Command theory law-?

Austin- Set of commands by sanctions.

A person/ authority controls society via a set f rules, regulations. Failure to abide by these regulations will result in sanctions.

Natural Law?

* Acquinas- Law and morality should coincide.
* Rely on a ‘higher law’
* Law should reflect and respect God’s values.
* If not= no obligation to abide/follow

Lon Fuller?

Objected Harts view on the Nazi’s

* Says the Nazi’s laws can’t be lawful as their morals are corrupt/ wrong.

Amoral v Immoral?

Amoral- do not have morals

Immoral- Knows there are morals but chooses not to follow them

Morality?

Mos= custom or practise

Twining and Meirs- ‘a general norm mandating or guiding contact’

Durkheims. French sociologist writing at the start of the 20th C.

Having a shared moral is now much more difficult because there is no consensus which leads to changes in a society.

* Anomie= fragmentation of society.
* Effects of social division of labour developing in early industrialisation and rising suicide rates.
* In time of upheaval “collective consciousness” is weakened and previous norms, moral convictions and controls dwindle.

Culturally relative?

Morals in societies are different.

* One societies morals may be seen as immoral by another.
* Morals are specific to a society at a given time.
* Not followed by sanctions but classified as ‘morally wrong’