Kelo relatively poor in order to sell it to a private

This preview shows page 4 - 6 out of 19 pages.

Kelo (relatively poor) in order to sell it to a private corporation (relatively wealthy) under the guise of job creation. In the Citizens United v. Federal Elections Commission (2010) the court ruled in favor of Citizens United in their claim against he McCain&Feinberg act that restricts the ability of corporations to donate money to political campaigns, under the claim that the act infringes on the corporations right to free speech. This allows corporations to donate large sums of money to the political candidates who best represent their needs over those of the masses. Define, elaborate upon, provide examples of, and explain the significance of the following terms or concepts…. Natural Law Theory- the theory that our laws are derived from a set of “higher standards” which makes them moral, the key assumptions are: natural law is unchanging over time and does not differ in different societies, every person has access to the standards of natural law by use of reason, and only human laws in accordance with the natural law deserve the name “law.” Natural law theory is imperative to the discourse on morality and its place in legal systems, this is especially true in the judicial sense, when the concept of morality can provide different outcomes when the law is judged to be immoral. Basic goods- Finnis believed that there are a set of 7 basic goods that legal systems should be based upon catalyzing for their members, these goods are shared by all of humanity and therefore need no further explanation. They include: life and health, knowledge, play, aesthetic experience, friendship, religion, and practical reasonableness. Legal Positivism- the opposing theory of law, that law is analytically and conceptually distinct from morality. This theory gives the status of law to anything which is identified as law in a given society. The key assumptions of legal positivism are: law is known through the systematic observation of a
given society, the question of what law is is distinct from the question of what law ought to be, and a morally neutral description of law is possible. In the discussion of what to do when a law is immoral, legal positivism dictates that the law should be followed regardless of what the moral standing. Command Theory- John Austin’s theory that law is the command of a sovereign backed by force, who is habitually obeyed and does not habitually obey anyone else. Primary Rules- rules that apply directly to citizens, they are often commands to abstain from behavior. Secondary Rules- rules that govern the creation, amendment, and repeal of primary rules. There are 1. Rules of change- empower people to create new primary rules (rules governing the election of individuals to political positions, rules empowering individuals to create contracts that impost obligations upon themselves and others) Rules of adjudication- rules that empower individuals to make determinations of whether a primary rule has been broken (rules that specify how judges are appointed) 3. Rules of recognition-

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture