Explain the ruling in Bowers, with particular attention to what the majority held regarding morality and law

Synopsis of Supreme Court Rulings on Law and Morality – Essay Instructions

Instructions

1) Write a 800 to 1,000 word essay,

2) Provide a synopsis of the Supreme Court Rulings in Bowers v. Hardwick and Lawrence v. Texas,

3) Explain the ruling in Bowers, with particular attention to what the majority held regarding morality and law. Use Hart’s arguments on the relationship between morality and the law to support your explanation (Content 1),

4) Analyze the arguments in Lawrence that essentially overturned Bowers (Content 2),

5) Critique Justice Scalia’s dissent in Lawrence, with particular emphasis on Scalia’s claim that Lawrence essentially spells the end of all law based on morality (Content 3),

6) Given the shift in social influences that are used to determine the validity of laws, how do you see this shift impacting society (Content 4) DO NOT ADDRESS THIS PROMPT,

7) Use the following REQUIRED sub-headings: The Ruling in Bowers& Hart on Law and Morals, An Analysis of the Majority Opinion of Lawrence, Scalia’s Dissent in Lawrence,

8) DO NOT WRITE AN INTRODUCTION OR CONCLUSION,

9) Locate two to three credible sources in support of your content,

10) Prepare this assignment according to the APA guidelines found in the APA Style Guide. An abstract is not required.

Rubric

• Content 1: 15%

• Content 2: 20%

• Content 3: 25%

• Content 4: 15% (DO NOT WRITE ABOUT THIS PROMPT – YOU ARE RECEIVING THE POINTS WITHOUT ADDRESSING IT)

• Thesis: 7% (DO NOT WRITE AN INTRODUCTION OR CONCLUSION)

• Argument Logic/Construction: 8%

• Mechanics: 5%

• Paper Formatting: 5%

• Citations: 5%

Required Sub-Headings

The Ruling in Bowers& Hart on Law and Morals

An Analysis of the Majority Opinion of Lawrence

Scalia’s Dissent in Lawrence

[Recommended} Potential Citations

Ben-Asher, N. (2014). Conferring Dignity: The Metamorphosis of the Legal Homosexual. Harvard Journal Of Law & Gender37243-284.

Bowers v. Hardwick, 478 U.S. 186 (1986)

Hart, H. L. A., & Hart, H. L. A. (1963). Law, liberty, and morality. Stanford University Press.

Lamparello, A. (2007). A New Method to Guide Constitutional Interpretation: Introduction “Negative Originalism”. University Of Florida Journal Of Law & Public Policy18(3), 383-414.

Lawrence v. Texas, 539 U.S. 558 (2003)

Rains, R. E. (2015). The Future of Justice Scalia’s Predictions of Family Law Doom. BYU Journal Of Public Law29353.

Sager, R. H. (2003). In Nino Veritas. American Spectator36(4), 20-21.

Starr, W. C. (1983). Law and Morality in HLA Hart’s Legal Philosophy. Marq. L. Rev.67, 673.

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