Assignment 1 - Theories of Law
Description
For this assignment, you are required to identify how law is defined through different legal approaches in a current news story and a fictional representation.
Module 1 asks, What is Law? You have discovered that the answer to this is not simple. Natural law approaches law differently from legal positivism; legal positivism is different from legal realism. This assignment requires you to demonstrate your familiarity with these distinct approaches to law.
This assignment has two parts.
To fulfil the assignment requirements, please do the following:
PART â…
- Find a news article that relates to law. This is a current affairs news story that describes a legal event. The news article must be from a reputable, official news source.
- e.g., CBC; Toronto Star; Globe and Mail; BBC; The Guardian; Washington Post; The New York Times; Al Jazeera; Deutsche Well English; Reuters – NOT social media, blogs or personal opinion sites.
- Clearly identify the legal issue in the news story. For example, the event might an instance where a person or group has broken the law, is advocating for a law to be enforced, or is trying to change a particular law.
- Identify how this legal issue is represented – is it a natural law approach? Is it a legal positivist approach to law? or is it an example of legal realism?
- Describe why you identified that legal approach with reference to course content.
- i.e., why and how is this an example of legal positivism OR natural law OR legal realism.
PART â…¡
- Find a fictional representation of law in a novel/book, feature film or series (trailer and synopsis must be available online).
- e.g., Fairy tales, Disney movies, Marvel and so on all contain great examples of legal issues.
- Clearly identify the legal issue in the fictional example. For example, the event might an instance where a person or group has broken the law, is advocating for a law to be enforced, or is trying to change a particular law.
- Identify how this legal issue is represented – is it a natural law approach? Is it a legal positivist approach to law? or is it an example of legal realism?
- Describe why you identified that legal approach with reference to course content.
- i.e., why and how is this an example of legal positivism OR natural law OR legal realism.
The legal approach discussed in Part I must be different from the legal approach discussed in Part II. Choose your examples wisely.
The approaches to law that you choose in your news article and fictional examples will likely not be obvious; the article or fictional example will not explicitly say, ‘this is a legal realist approach’ or ‘this is an example of natural law’. Your task is to identify how the author, in the representation of a legal issue, illustrates a specific theory of law: natural law, legal positivism, or legal realism. Note that the articles will not contain terms like ‘positivist approach’. You will need to think about how each approach applies to your two chosen examples based on the discussion of these terms in the content and in the readings.
What to Submit
In your 2-page, double-spaced response, you are required to:
- Summarize the news article for Part I.
- Identify the legal issue.
- Identify which approach to law is the primary approach in your news article.
- Justify your answer by defining that legal approach and explaining in what ways it is represented in the example, using course content from Module 1.
- Do the same for Part II, using a fictional representation and identifying a different legal approach. If you identified natural law in Part I, for instance, find an example of legal positivism or legal realism for Part II.
Remember to use the main point of your example (article, film or series) to determine which approach it takes. The examples you find may include elements of other approaches. You can mention those too, but the main point of the example should be clearly identifiable as taking a natural law, legal positivist, or legal realist approach.
The assignment will be much easier for you if you find clear examples of each approach.
Where to Find Examples
You cannot use the examples discussed in class.
If you are unsure whether your news article is from a reputable source, find a different news article. The following sources are reputable: CBC; Toronto Star; Globe and Mail; BBC; The Guardian; Washington Post; The New York Times; Al Jazeera; Deutsche Well English; Reuters. Case law, academic articles, news alerts such as CP24, blogs and tweets are not relevant for this assignment.
Fictional examples may be easily found in Disney films, Marvel, DC Comics, fairy tales, musicals, and many other stories. Documentaries are not fictional, therefore are not relevant for this assignment.
How Your Assignment Will Be Graded
This assignment is worth 20% of your grade.
You will be assessed according to the following criteria, All four criteria are important:
- Knowledge of the legal approaches, demonstrated with reference to course content, and their application.
- Appropriate choice of new article and fictional representation, described through a quality summary that focuses on the legal issue.
- Quality of presentation, including grammar, sentence structure, spelling, formatting and correct citations and bibliography.
- Depth of critical analysis including the ability to understand and communicate the different ways that the question, what is law? is answered in common legal events and fictional representations.
PART 1
https://www.cbc.ca/news/canada/toronto/bill-7-charter-challenge-ontario-long-term-care-1.7331047
The news article you referenced focuses on a legal challenge to Ontario’s Bill 7, which allows hospitals to transfer patients to long-term care homes without their consent. Patients who refuse such transfers are charged $400 per day. The law aims to reduce hospital overcrowding, but it has raised serious concerns regarding violations of patient rights, leading to a Charter challenge under the Canadian Charter of Rights and Freedoms​(Global News).
Legal Issue:
The key legal issue revolves around whether Bill 7 infringes on the rights of patients under the Charter, specifically their rights to autonomy, dignity, and consent. Opponents of the law argue that it forces vulnerable patients, particularly the elderly, into situations against their will, infringing on their fundamental freedoms and privacy.
Legal Approach – Natural Law:
This legal issue is best represented through the lens of natural law. Natural law theory emphasizes that laws should be based on inherent human rights and moral principles, often transcending the authority of governments. In this case, the plaintiffs argue that Bill 7 violates the basic human right to make informed decisions about personal care, as the law imposes transfers without proper consent and autonomy. They are appealing to ethical principles of justice and individual dignity, fundamental tenets of natural law, in seeking to overturn Bill 7.
By focusing on moral considerations, such as the rights of the elderly to remain autonomous and the need for consent in all medical decisions, the plaintiffs position their argument within natural law. They emphasize that the government’s law fails to protect the vulnerable and contravenes human dignity, which is a core element of natural law theory.
Why Natural Law Applies:
This approach highlights the conflict between government policy and universal moral principles. The plaintiffs are not just questioning whether Bill 7 is technically legal but are challenging its ethical foundation, insisting that laws must respect the basic dignity and rights of individuals, a key aspect of natural law. This approach suggests that laws should be aligned with justice and morality, not just political expediency or economic goals, which would make Bill 7 incompatible with natural law ideals.
Thus, Bill 7 is being contested on the grounds that it violates the higher ethical and moral obligations the law should uphold, making it a clear case where natural law theory is applicable.
For more details, you can check the full article here​(Global News).