Evaluation of Law and Morality (OCR A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
R v Brown (1993) outcome
R v Brown (1993) outcome
Sadomasochistic acts - consent rejected, convictions upheld
Shaw v DPP (1961) - law's purpose stated
Shaw v DPP (1961) - law's purpose stated
Conserve moral welfare of the state
R v Dudley & Stephens principle
R v Dudley & Stephens principle
Law & morality not same, but absolute divorce is fatal
Pluralist society meaning
Pluralist society meaning
Society with diverse moral, cultural & religious beliefs
Private Members' Bills
Private Members' Bills
Bills introduced by individual MPs, not government
Lord Devlin's view on law & morality
Lord Devlin's view on law & morality
Law should enforce common morality for social cohesion
Professor Hart's view on law & morality
Professor Hart's view on law & morality
Law should only prohibit conduct harming others
Fuller's 'inner morality' of law
Fuller's 'inner morality' of law
Principles making law genuine (clear, public, stable, etc.)
Hart's legal positivism view
Hart's legal positivism view
Law identified by formal criteria, not moral content
Pretty v DPP (2001) - Lord Bingham principle
Pretty v DPP (2001) - Lord Bingham principle
Court applies law as understood, not personal moral beliefs