The Final Project is based on your research and explanations of the changes in jurisprudence from an emphasis on natural law, to an emphasis on legal positivism and to a movement toward sociological law. This course begins with a focus on law and morality. Blackstone, John Locke, and the Magna Carta are considered. Then, the movement toward legal positivism, the view that law is not necessarily on outgrowth of morality, is considered. United States Supreme Court Justice Antonin Scalia is often considered to be a modern example of legal positivism. Finally, ideas emerge that evaluate law as an outgrowth of societal need, a sociological law, has begun to emerge. Under this view, judges make law based on what they perceive societal needs to be.
Using Westlaw, and other Library resources, locate two cases, for numbers 1, 2, and 3 below, that were decided based on:
In a well-written paper of 6 to 7 pages, show how the cases you have chosen illustrate the respective principles above.