LY100 Lecture Notes - Lecture 1: Regulatory Offence, Legal Positivism, Morality Play
Document Summary
~ a set of rule governing the conduct of a society"s members, which are propagated, interpreted, and enforced by the state or local authorities. ~ rules for social behaviour and mechanisms of social control. ~ human-created institutional devices by use of which some groups of persons proceeded to get more of what they wanted. ~ an ordinance of reason for the common good, made by someone who has care of the community, and promulgated. ~ what is the main argument in tebbit"s chapter. Morality and law are connected but not the same. Morality plays a role in law and law plays a role in morality. Law is more than morality because it has the characteristic of enforceability and formal. Defines justice as the middle ground between morality and law, need concept of human rationality and decision making. 2 categories of justice (aristotle) - distributive and corrective. ~ separation thesis - law and morality have nothing to do with each other.
