Question

A television producer/director receives the following script designed to celebrate National Donut Day. As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class. Help her out: Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 1 (The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.) Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the "Expressly Hair" project. Have fun. (She is unenthusiast. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.) Bob: It's a donut festival! Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules. Bob: Rules, in a donut festival? Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again. Bob: Oh, no. Here we go. Where's the PowerPoint? Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow th

Answer 1

The scene from 'Donut Day at the Office' exemplifies Legal Positivism, where established rules in an employee handbook dictate behavior similarly to how laws regulate society, highlighting the authority of enacted rules over individual judgments.

From the dialog about "Donut Day at the Office", we can discern that the legal school of thought illustrated is Legal Positivism. Karen's introduction of donuts and the ensuing discussions reveal an established system of rules laid out in an employee handbook, much like formal laws in a society. This focus on established rules and regulations as the ultimate authority in determining appropriate behavior is a hallmark of Legal Positivism. This school believes that the validity of law is not connected with morality but rather the fact that it has been enacted by a legitimate governmental authority and is accepted by society. Notably, the Lochner v. New York case is antithetical to Legal Positivism as it suggests that there are limitations on legislative power, implying an alignment with natural law or constitutional interpretation rather than pure positivism.