Reference no: EM133094951

Instructions

Part 1 - Select 5 out of the following 8 questions to answer. Each answer should span 1-3 paragraphs.

Question 1. Is the following an appropriate origin of a law according to Austin's command theory of law? Why or why not? Explain how it does or does not fit Austin's theory (i.e., What components of the theory does it have or what components is it missing from the theory?).

Society R happened to prefer driving on the right side of the road when cars were first introduced. At some point, it was written down by a member of Society R's legislator that driving on the right is the law. Other members disagreed, but then after hearing the justification (people are already doing it, it is too difficult to change), no one brought up the disagreement again.

Question 2. What is normative power? Give two distinct examples of types of norms (things with normative power).

Question 3. Is this a primary rule or a secondary rule according to Hart's legal theory? Why or why not?

"No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
- U.S. Constitution, Article I, section 2, clause 2

Question 4. What is an example of a real law that Hart could use to support his critique of Austin that the content of laws does not resemble the content of commands? Describe it and what makes its content different from a command's content?

Question 5. What is the distinction between perfect and imperfect legal rights? What sort of laws are related to imperfect legal rights? Give one example and explain how.

Question 6. Name one amendment and identify the right that arises out of the amendment. Is the right a positive or negative right? Why or why not?

Question 7. Does the right to free speech stipulated in the First Amendment protect you from a teacher (in a public school) silencing you for promoting the use of drugs to your classmates and peers, even if you are promoting the use of them after school? Why or why not?

Question 8. What does it mean if someone says that there is a "compelling state interest" in limiting one of your constitutional rights? Give an example where this may happen.

Part 2 -

Question 9. Pick one court case we discussed in class. In about 1-page please describe the case and then the majority opinion. Did you think the law was applied fairly in this case? Why or why not?

Part 3 - Select 1 of the following 2 essay questions to answer.

Question 10. Find a court case about legal rights being claimed for something that is not a human. (e.g., the land, an animal, a corporation etc.). What kind of rights are they (e.g., positive or negative, legal, moral, etc.)? Do you think these are legitimate? Do you think these sorts of entities should be seen as legally valid rights? Why or why not? What are the rights in question? NOTE: It does not have to be a Supreme Court Case.

Question 11. Find an example of a law that seems to be in conflict with moral norm. What law is it? Under what jurisdiction does it hold? What is the moral norm that seems to be in conflict with it? What do you think we, as citizens, should do in cases where we find these conflicts? NOTE: the law does not need to be a current one. It may be from history.

Attachment:- normative power.rar