Professor Berman asserts that natural law, legal positivism, and historical jurisprudence should be integrated to explain, justify, and guide the development of law in the latter part of the twentieth century. Please choose a contemporary legal issue in the United States and explain whether the three schools could successfully be integrated to reach a result that is consistent with biblical principles. Be sure to fully explain and support your position.
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Professor Berman asserts that natural law, legal positivism, and historical jurisprudence
Full Answer Section
- Biblical Principles:The sanctity of life is a core principle in many religious traditions, including those based on the Bible (e.g., Exodus 20:13).
- Principles:Legal positivism focuses on the law as it is written, enacted by legislatures or judicial decisions. Morality is separate from the law's validity.
- Application to PAS:The legal status of PAS varies across states, with some explicitly allowing it under certain conditions and others prohibiting it.
- Biblical Principles:Positivism wouldn't necessarily consider biblical principles when determining legal validity.
- Principles:Historical jurisprudence examines legal development over time and the influence of historical precedent and societal values.
- Application to PAS:Historically, suicide was illegal, reflecting religious and societal views on the sanctity of life. However, societal attitudes towards autonomy and end-of-life decisions are evolving.
- Biblical Principles:Historical context can offer insights into the evolution of legal views on suicide, but doesn't necessarily dictate current interpretations in light of changing societal values.
- Challenges:Integrating all three schools presents challenges. Natural law and biblical principles suggest a right to life that might oppose PAS. However, legal positivism prioritizes existing laws, which vary by state, and historical jurisprudence acknowledges changing societal views.
- Potential for Compromise:A balance might be sought. Legal positivism could guide a framework for PAS within specific legal boundaries, informed by considerations of natural law principles (right to life vs. right to autonomy) and historical context (changing societal views).
- Interpretation:The Bible's stance on suicide isn't entirely clear. While some passages condemn it, others focus on God's sovereignty over life and death. Different interpretations exist within Judeo-Christian traditions.
- Evolution of Law:Biblical principles are often foundational, but legal systems evolve to reflect contemporary societal values. Balancing these considerations can be complex.
Sample Answer
Contemporary Legal Issue: Physician-Assisted Suicide (PAS)
Let's analyze the potential integration of natural law, legal positivism, and historical jurisprudence in the context of physician-assisted suicide (PAS) in the United States, considering its consistency with biblical principles.
Natural Law:
- Principles: Natural law posits that there are universal moral principles inherent in nature, discoverable through reason. These principles guide just laws.
- Application to PAS: Some argue that the right to life is a fundamental natural law principle. PAS could be seen as a violation of this right.
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