Normative Jurisprudence

Part 1. Normative Jurisprudence
General Instructions. Answer whether the following laws should have been passed according to each of the theory about Normative Jurisprudence that we looked at. Justify all your answers. Each case is worth 4 points.
Case 1
Austria, France, and parts of Canada legally prohibit their citizens from wearing full face covering (including the Islamic style of dress known as the burqa). Should there be such a law? Assess the case from the perspective
of legal liberalism, paternalism, moralism, and liberalism + offense principle.
Case 2
In certain parts of the US (and some other parts of the world), it is illegal to sell alcohol on Sundays (while it’s legal to sell it on other days). Should there be such a law? Assess the case from the perspective of legal
liberalism, paternalism, moralism, and liberalism + offense principle.
Case 3
Germany and some other European countries make it illegal to deny that the Holocaust happened. Should there be such a law? Assess the case from the perspective of legal liberalism, paternalism, moralism, and liberalism + offense principle.

Part 2. Ethical Theory
General Instructions. Answer whether the following actions are morally right or wrong, according to each of the following ethical theories: Act-Consequentialism, Rule-Consequentialism, Kantian Ethics, and
Aristotelian Virtue Ethics. Justify all your answers. Each case is worth 4 points.
Case 1
Julie downloads movies from a well-known torrent website. She doesn’t pay anything for them. As a result, she has much more money to spend on other things, she enjoys the movies a lot, and is generally in a
more cheerful disposition than she would otherwise have been. Assess Julie’s actions from the point of view of the four ethical theories mentioned in General Instructions.
Case 2
Anakin is told by the Emperor that in order to bring justice, peace, and security to the new Empire, he must destroy the Empire’s enemies; especially, Anakin is ordered by the Emperor to kill a bunch of young children who were being trained by traitors to the Empire. Anakin follows the orders without hesitation. Assess Anakin’s actions from the point of view of the four ethical theories mentioned in General
Instructions.
Case 3
We may also assess laws in terms of the ethical theories mentioned above. Here is an example: the French authorities have recently banned posters and billboards that feature models that are deemed too skinny.
Should there be such a law? Assess the French authorities’ actions from the point of view of the four ethical theories

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sample Solution

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