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Positives law or legal positivism a believes that law

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Positives Law or Legal Positivism a) Believes that law is the command of a constituted authority figure and even bad laws can be enforced 126) Historical School of Legal thought – looks at why law exists, its origin and history a) Asks “what is law” b) There is no bad law c) Law is an evolutionary process 127) Historical Jurisprudence – looks at law in the context of its origin 128) Legal Realism – sees law as an instrument of social control a) Law is good depending on how well it serves society 129) Puffery – used for advertising, flattering, exaggerated praise 130) The United States Constitution aka Federal Constitution – defines American government, the functions, limits and organizations. a) Any law that violates the constitution will be declared null and void by the Supreme Court 131) Duty-based Ethics – consequences or outcomes of action do not determine morality a) It is the nature and thought of the action that counts a.i) Universalizability – act in a way you would like to see others act (golden rule) a.ii) Immoral to treat others as a means to an end 132) Utilitarian Ethics – overall consequence of action determine morality of actions
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BUSINESS LAW - CLEP a) Morality of actions are the basis on the effect they have on society b) Maximize benefit or minimize harm 133) Social Justice – refers to the extent to which society ensures that benefits and burdens are distributed equally a) Based on social contract theory a.i) Exists only because society makes “contracts” with each other either by justice or injustice a.ii) Without agreements people would be unjust 134) Libertarianism – view that people have a right to live in any manner they choose a) Radical freedom in individual rights 135) Conflict of Interest – Honoring Confidentiality, Acting in Good Faith, satisfying the Expectations of your Position, Respecting the rights of others, etc. 136) National Environmental Policy Act of 1969 – NEPA - Nixon a) Protection and maintenance, and to enhance environment b) Cornerstone of Federal Environmental Laws c) Has two main purposes (c.i.1) created the Council of Environmental Quality (c.i.2) set policies for government to consider environmental impacts of decisions (c.i.2.a) requires agencies to submit Environmental Impact Statements which details impact on environment of any new actions 137) Environmental Protection Agency – EPA – largest federal regulatory agency a) Created in 1970 to establish environmental standards, conduct research, monitor environment, assist Council of Environmental Quality b) Establishes water Quality and enforces the Clean Water Act c) Establish air quality standards for Clean Air Act 138) Clean Water Act – of 1972, passed by Nixon a) Replaced Water Pollution Control Act a.i) Goal is to maintain clean water to be fishable and swimmable AND eliminate the discharge of pollutants into navigable waters 139) Oil Control Act – of 1990 passed after Exxon Valdez accident of 1989 a) Responsible party is liable for cost of cleanup and damages
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Positives Law or Legal Positivism a Believes that law is...

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