-The idea that popular notions of morality should influence decisions about what behaviors the law ought to regulate. (The law should enforce public morality)
-The consensus that members of a society would reach about which behaviors are morally acceptable and which behaviors are morally unacceptable. (Instrumental to Devlin’s theory of Legal Moralism)
-The idea advanced by John Mill that a society should only concern itself with actions that pose a direct harm to others.
Legal Positivism (H.L.A. Hart)
-A philosophy that views the law solely as a human creation rather than as an attempt to discover, confirm, or enforce higher moral standards.
- The academic and philosophical study of law.
Critique of Devlin
-Hart believed feelings or emotions are not enough to base a law such as Devlin was doing. Hart believed that making decisions about the law must be more complex than reducing it to questions about perceptions of morality.
Formal Norms (Mores)
- Tend to have a moral underpinning (ex it is considered morrally wrong to kill or commit adultery)
Informal Norms (Folkways)
- Lack moral foundation and focus more on etiquette and acceptable standards of behavior. (ex. Burping during dinner)
- Norms that tell us what we Ought to do such as become educated, respect our elders, or obey the law.
- The norms that tell us what we Ought to NOT do such as commit crimes, lie, drop out of high school.
- Groups that share a set of norms that are different from those of larger society. May exist based on race, ethnicity, religion, sexual orientation, and occupation.
- The process by which people learn a society’s or culture’s norms and also learn to conform to them.
- Occurs when a person learns social norms from