The Distinctions Between Legal Realism, Legal Positivism and Natural Law - Essay Writing Law Assignment Help

Assignment Task:

QUESTIONS IN THIS EXAM. ANSWER ALL OF THEM

1. Explain the distinctions between legal realism, legal positivism and natural law, with reference to physician-assisted suicide, by answering one of the following two questions (25 points):

   1. A legal realist who supports the Supreme Court’s decision in Carter is debating a natural law theorist who opposes it. What arguments might each of them use? Which arguments do you find most convincing, and why? [start by briefly utlining the facts, issues, and the conclusion in the Carter decision in your own words].

   2. A natural law theorist who supports the Supreme Court’s decision in Carter is debating a legal positivist who opposes it. What arguments might each of them use? Which arguments do you find most convincing, and why? [start by outlining the facts, issues, and the conclusion in the Carter decision].

2. Demonstrate your knowledge of different types of law by providing brief but specific examples of each of the following (5 points each):

   1. Public domestic law.

   2. Private domestic law.

   3. Public international law.

   4. Private international law.

3. Demonstrate your knowledge of the history of drug laws in Canada by answering one of the following (25 points):

   1. Imagine that prior to 1908, Sir Matthew Begbie and William Lyon Mackenzie King had engaged in a public debate about whether or not opium should be criminalized. What arguments would each have made? Which arguments do you find most convincing, and why?

   2. With the benefit of hindsight, a legal positivist and a legal realist debate the legitimacy of drug criminalization today. What arguments does each make? Which arguments do you find most convincing, and why?

4. Is the rule in Heydon’s Case (i.e. interpreting the law in accordance with Parliament’s intentions) consistent or inconsistent with the Supreme Court’s decision in R. v. Lloyd (striking down a one-year minimum sentence for a second-time drug offence)? Does respect for legislative intent require the Court to impose a mandatory sentence that is harsh or oppressive? Why or why not? (30 points)

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