Question

Assume that there is a 150 year old law in the statutes of your state which makes kissing in a public graveyard a crime punishable by a fine of up to $1,000 and imprisonment in the county jail for up to six months. (a sentence following conviction can include a fine in any amount up to that limit and / or imprisonment of no time up to that limit - all in the judge's discretion). a couple were caught kissing in the local public cemetery, and they are being prosecuted for the crime in your courtroom.
a. Choose whether you, the judge hearing the case, are guided by the legal philosophy of "Natural Law", "Positive Law", or "Legal Realism".
b. State in your response which philosophy you are following, then decide the case, briefly stating your reasoning from the perspective of the legal philosophy followed.

Answer 1

Answer: Natural law.

Step-by-step explanation:

Natural law this is a theory which is based on ethics and philosophy which states that human beings possess intrinsic values which guide our reasoning and behaviors. Natural law stands to maintain that these rules of right and wrong are inborn in people and are not created by the society or court judges. An example of Natural law is that it is bad to kill someone, and it’s is right to punish whoever kills someone.

in the example cited above it is morally wrong to kiss or furnicate in a cemetery ground and as such falls under the natural law cause our sense of judgment should come into play there.