Professor Berman asserts that natural law, legal positivism, and historical jurisprudence
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.
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.