Law and Morality (OCR A-Level Law): Flashcards

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Distinction Between Law and Morals
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Nature of law

Objective & universal, not fault-based

Nature of morals

Subjective personal codes based on fault levels

Who identified 4 functions of law?

Joseph Raz

Pojman's functions of morality count

Five

Law function: criminal law & torts

Prevent undesirable & secure desirable behaviour

Morality function: social cohesion

Keep society from falling apart

Example: law & morals overlap

Murder

Examples: law/morals tension

Abortion & euthanasia

Moral absolutism

Only one right answer

Moral pluralism

Multiple valid views, not all equally justifiable

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