* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2
10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This is required by the Supremacy Clause of the U.S. Constitution. There are as well as state constitutions, state statues, state administrative law, state case law as well as local ordinances. All treaties are federal and so states are not permitted to sign treaties with any other country and local governments derive their power from state governments as well. | Correct Answer: | [None] |