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The Nature of Law

Where Law and Morality Overlap

  • 3 things to know
  • All three papers

Overview

Recall questions on how law and morality differ in creation and enforcement and on the areas in which they coincide.

What you need to know

Answer each one before you reveal it.

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Key term

What distinguishes law from morality in terms of their creation and enforcement?

Key term

Provide an example of conduct that is illegal but not generally considered immoral.

Key term

What was the central question in the Hart-Devlin debate?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What distinguishes law from morality in terms of their creation and enforcement?

    Model answer

    Law consists of enforceable rules created by state authority with formal sanctions, while morality comprises beliefs about right and wrong conduct that are not formally enforced by the state.

  2. 2

    What is a pluralist society in the context of moral views?

    Model answer

    A pluralist society contains diverse moral views, meaning different groups hold varying beliefs about what is morally right or wrong based on factors such as religion, culture, and personal philosophy.

  3. 3

    Why does moral diversity in a pluralist society create difficulties for legislators?

    Model answer

    Because the law cannot reflect all moral positions simultaneously, so lawmakers must choose between competing moral views when creating legal rules.

  4. 4

    Give two examples of areas where law and morality overlap.

    Model answer

    Prohibitions on murder and theft, where legal rules reflect widely shared moral values.

  5. 5

    Provide an example of conduct that is illegal but not generally considered immoral.

    Model answer

    Certain parking offences, such as overstaying in a parking space.

  6. 6

    Give an example of conduct that many consider immoral but which is not illegal.

    Model answer

    Adultery.

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The Nature of Law
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