Law and Morality (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Laws - objective or subjective?
Laws - objective or subjective?
Objective, enforced by state with formal sanctions
Morals - objective or subjective?
Morals - objective or subjective?
Subjective personal codes, enforced by social condemnation
What is a pluralist society?
What is a pluralist society?
Society with multiple cultures, races, religions, beliefs
Positivism view on law and morality
Positivism view on law and morality
Laws and morals should be kept separate
Natural law theory view
Natural law theory view
Law should enforce moral values
Lord Devlin: law sets what standards?
Lord Devlin: law sets what standards?
Minimum standards, not maximum
Mill's harm principle
Mill's harm principle
State can only interfere to prevent harm to others
R v Brown (1993) - positivism or natural law?
R v Brown (1993) - positivism or natural law?
Natural law - consent cannot make immoral acts lawful
R v Wilson (1996) - positivism or natural law?
R v Wilson (1996) - positivism or natural law?
Positivism - privacy in consensual marital conduct respected
Wolfenden Report 1957 conclusion
Wolfenden Report 1957 conclusion
Private morality is not the law's business
