Tutorial 1: Introduction – Ethics, Jurisprudence and Justice 2
1.1Introduction to Law, Ethics and Morality 2
What is Law? 2
1.2Jurisprudence: The Natural School of Law 5
Classical Naturalist Philosophers 5
Modern naturalists 6
In the 20th century, there has been debate over the nature of law 7
1.3Jurisprudence: Other Schools of Law 8
The Positivists 8
The Pure Theory of Law 9
The Neo-Analytical School 10
The American Realists 11
Feminist Legal Theory 11
1.4The Provision of Justice 12
Tutorial 1: Introduction – Ethics, Jurisprudence and Justice
Introduction to Law, Ethics and Morality
What is Law?
Mrs. Dababneh’s Tutorial Defn.
Law is a set of rules regulating peoples’ interactions with each other with are enforceable through sanctions.
Dr. D. Meltz
Law is a complex system of social control, regulating conduct and governing ruled between various relationships. It adjudicates disputes and punishes offenders, thus preventing vigilantism, violence and the breakdown of social order.
H. L. A. Hart Concept of Law
“The most prominent general feature of law … is that its existence means that certain kinds of human contact are no longer optional but in some sense obligatory”
A law is a social rule which is obligatory and physically sanctioned
Influences on Law
e.g. the laws of marriage (same sex marriage illegal after religious moralities)
e.g. land law
e.g. WorkChoices: Howard implementing them and Rudd reversing them as per their political persuasions
Economic influences and theory
e.g. Trade Practices Act strongly influenced by the economic theory of competition
English “common law”
though Australian and British legal systems have since diverged due to GB joining the EU and adopting many of their adversarial law based laws
In many ways, the minor courts of Australia are moving towards an adversarial system, especially in Family law.
Ethics are a moral standard that encode a consensus on social interactions and right and wrong in society (Mrs. Dababneh). Ethics “Inquires into the moral values of human behavior and conduct, analyzing ‘how we ought to act’”.
These are derived from Reason, Custom and Education
People act ethically to preserve Reputation (the relative esteem in which one is held) and Character within a particular industry or social group. This in turn confers legitimacy.
Ethics are the system encapsulating moral values and beliefs through which human actions are judged and moral duties and obligations are established (Dr. D. Meltz)