Question

Chapter 1 covers various Schools of Legal Thought. 1) Pick two of the schools of thought and describe how each school of thought would discuss and decide on the following issue: Can state of California create a law that makes it illegal for anyone to board an airplane if they are wearing outfits that cover nearly their entire bodies except their eyes, citing as reason that they believe it is necessary to protect national security against terrorists. 2) Which one do you agree with the most and why?

Answer 1

Answer and Explanation:

Jusnaturalist School: According to this school, a law must, above all, directly address the promotion of justice in any type of situation, respecting the maximum natural right of the individual, which is an inalienable right that must be respected at any cost. . Based on this school, the situation shown in the question above is inadmissible, as it does not promote justice, it prevents innocent people from traveling via respecting their religion and still hurts their natural right.

Teleological School: This school has a strong political character and states that a law that achieves a social balance and promotes and is the service of protection and promotion of policies that protect society, it is valid. In relation to the case shown in the question above, this school can claim that the law is correct, since there have already been many cases of terrorism caused by Muslims, making their ban on boarding a promotion of social security.

2. When analyzing these two schools of legal thought in relation to the case shown in the question above, I came to the conclusion that the Jusnaturalist school is the one I most agree with. This is because prohibiting Muslim women from boarding an airplane because of terorist cases that they were not part of is a strong example of religious prejudice and intolerance, in addition to hurting the rights of innocent women.