Law and Morality: Key Concepts and Debates
1. What is the Central Problem in the Controversy About the Concept of Law?
The central problem is the relationship between law and morality.
2. What Role Does the Correctness of Content Play in a Non-Positivist Concept of Law?
In a non-positivist view, the concept of law must be defined so that it contains moral elements.
3. What is the Thesis of Linkage?
The thesis of linkage states that law contains moral elements.
4. What is Considered Absurd in a Positivist Concept of Law?
A positivist concept of law that excludes legality under the laws and social efficiency is considered absurd.
5. What are the Regularities in the External Aspect of Social Effectiveness?
The regularities are:
- The regularity of compliance.
- The penalty for failure to comply.
6. What are the Regularities in the Internal Aspect of Social Effectiveness?
The regularities are psychic dispositions.
7. What are the Motivations in the Internal Aspect of Social Effectiveness?
The motivations are:
- Motivation for compliance.
- Motivation for its application.
8. What Matters in the External Appearance of Social Effectiveness?
What matters is the:
- Observable behavior of the one who must meet the standard.
- Observable behavior of the one who has to apply a sanction when the standard is not met.
9. What is Decisive in the Inner Aspect of Social Efficiency?
The psychic disposition of those who apply the rules and those who comply with them is decisive.
10. In a Concept of Law, Does the Participant’s or Observer’s Perspective Prevail?
- Participant: The concepts of law are aimed at establishing rules.
- Observer: The concepts of law are aimed at efficiency.
11. How Might the Adequacy of a Positivist Concept of Law be Shown?
It could be shown that it is supported by an argument that supports the separation of law and morality, arguing for the correctness of this separation.
12. In an Argument for the Separation of Law and Morality, What is Argued?
It is argued that only the separation between law and morality ensures legal certainty.
13. What is Argued in a Normative Argument in Favor of Linking Law and Morality?
The inclusion of moral elements in the concept of law helps define injustice.
14. What is Argued in a Normative Argument in Favor of Separating Law and Morality?
The principle of legal certainty can only be guaranteed if law is kept separate from the dictates of morality.
15. What is the Name of the Argument that Strengthens the Concept of Law?
It is called the analytical argument.
16. What is the Name of the Argument Based on Achieving the Objectives of the Law?
It is called the normative argument.
17. What Does Norbert Hoerster’s Thesis Say About Moral Demands?
Hoerster argues that a neutral assessment of the law is necessary.
18. Name a Moral Theory that Connects Formal Requirements to a Legal System.
The theory of the internal morality of law.
19. What Does the Principle of Collective Security Require?
It requires the prohibition of killing, murder, stealing, and robbing members of the legal community.
20. What Happens with Regulatory Systems that Do Not Claim Correctness?
They are not legal systems.
21. What are the Three Arguments Robert Alexy Uses to Support the Link?
- Argument from Correctness
- Argument from Injustice
- Argument from Principles