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Law and Morality Questions and Answers

1.

Kant's ........... says : 'Act in such a way that the maxim of your action could be made the maxim of a general action'.

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

It is Kant's categorical imperative.

Kant's first formulation of the categorical imperative is to act only on that maxim which you can at the same time will to become a universal law. It is 'categorical' because it binds unconditionally, whatever one's desires, unlike a hypothetical imperative of the form 'if you want X, do Y'.

Solidarity is Duguit's idea of social interdependence, the common good is the aim of Aquinas's natural law and later Catholic social thought, and 'principle of social action' is not a Kantian term.

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2.

The author of ‘The Enforcement of Morals’ is :

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: A

The Enforcement of Morals is by Lord Devlin.

Patrick Devlin delivered his Maccabaean Lecture in 1959, arguing that society may use the criminal law to protect its shared morality, and published it with related essays as The Enforcement of Morals (1965). The lecture was a response to the Wolfenden Report's recommendation to decriminalise private homosexual acts.

H. L. A. Hart answered Devlin in Law, Liberty and Morality (1963), giving rise to the famous Hart-Devlin debate. Lon Fuller wrote The Morality of Law, and Lord Lloyd is known for his Introduction to Jurisprudence.

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