LS101 Lecture Notes - Lecture 5: Legal Realism, Legal Positivism
17 Jan 2020
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Article 1: trump administration asks supreme court to legalize firing transgender workers. The issue raised in this article is that trump administration would like a legal precedent to be made by the supreme court that would allow employers to re an employee for identifying as a transgender regarding their sexuality. Under the civil rights act of 1964, the argument was raised that it states that workers are only protected from discrimination based on their biological sex, which is considered in terms of male or female. In this article, the primary approach is legal positivism, which is emphasized as a socially constructed way of creating laws and if recognized as valid then it is considered to be a law. At the time of when the civil rights act was made the societal norms were that male or female was the only primary genders that people could identify as. Currently, the de nition of gender has expanded in our society.
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