law and morality

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9 Terms

1
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Law

All rules of the state that govern our lives for which there is a punishment.

2
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Legal positivism

As long as laws are made by the recognised process then they are valid i.e. judicial precedent or parliament.

3
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John Austin

Liking laws doesn’t matter as long as made using proper process (liberal view of law)

4
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Natural law

In order for laws to be valid they must conform to a higher authority then man e.g. God (Thomas Aquinas)

5
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Jon Fuller

atheist view - In the absence of a belief in god, they must conform to an unwritten code of morals in that society.

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Morality

A persons beliefs in what’s right or wrong determined by individuals rather than by law.

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Morality influence

Religious beliefs influence morality.

8
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Devlin

laws should be based on society’s morals

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Professor Hart

Society should not interfere with private moral or immoral conduct.