Legal Positivism

Keeping in mind the information provided to you in the Introduction Module about these Writing Assignments, please complete the following question.

As with all drop box assignments, you must submit the assignment as an attachment.  The attachment must in the format of a doc, docx or rtf.

1.  Define and explain Legal Positivism.

(hint – be sure and do both…  DEFINE, then EXPLAIN.  This will not be a once sentence answer.  By explaining what this is, you are putting into context whereas just a definition can be somewhat meaningless just by itself)

2.  How is Legal Positivism different than a Theocratic Regime?

(hint – A good answer would start out, ” A Theocratic Regime is……”  “Legal Positivism means that…..”  Thus, the difference between the two would be….”  Again, walk the reader through the answer and assume they know nothing about the question and you are explaining it from scratch.) 

3.  Pick a controversial issue such as abortion.  (Do not pick this one.  Pick one of your own.)  Describe how a country that follows Legal Positivism would deal with your controversial issue.

(hint – Think about this in reverse.  Consider an issue that has both moral and legal implications.  Make your answer easy to do by picking a topic that really fits.  If it is a topic that interests you, it will be even easier.  In this question, you are DESCRIBING.  So, you need to tell a story, or set the stage, or paint a picture with words, etc.  Think about how you would describe your living room. 

So, by answering the three questions above.  You have defined legal positivism.  You have set it in context by explaining it or how it works.  Then, you have explained the opposite view by explaining a theocratic regime.  Finally, you are APPLYING the idea in a real world example.  After writing this, both you and your reader should be able to completely understand what legal positivism is.  This is a common progression in an essay type of question. 

Things to keep in mind when doing these questions:

You can be blunt and to the point.  You have to answer everything thoroughly, but just because you are writing words doesn’t mean you are answering the question.

What is the verb?  What are you being asked to do?  Each verb will be a slightly different answer.

If the question is broken up into part or subparts, mirror your answer the exact same way.   This does not have to look like an essay.  Again, make it easy for someone to read your answer, and fully understand it.  Make the grader’s job easy. 

Finally, when you are done, think about whether or not someone who knows nothing about this topic could really understand your answer. 

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