Abortion And Assisted Dying And How They Affect Law Making Decisions

  In legal theory, there is a great debate over whether or not law should be used to enforce morality.  The sides of the debate can be presented as a continuum.  At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual.  According to this view, a democracy cannot limit or enforce morality.   At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values.  For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should

In the year 1970, it was illegal for women in many states to get an abortion. One day, a woman named Jane Roe wished to challenge those laws which kept her from getting what she wanted: an abortion. Her stand against these laws was, is, and will always be controversial among American citizens and people around the world. The historical court case in which this occurred was called Roe v. Wade, and was caused by the events of one woman and many factors of the country in which she called home.

In August 2015, the case Miller V Davis brought to light the complicated relationship between law and morality. Indeed, Mrs Davis a county clerk in Rowan county (Kentucky), is being sued for not delivering marriage licences to same sex couples as she believes that homosexuality is morally wrong. Thus, despite the fact that same-sex marriage has been made legal by the U.S Supreme Court since June 2015. Ought individuals to apply the law though it is in inadequacy with their moral beliefs? Do the law should be totally free from any moral influence? Many legal scholars have argued on these questions, as well as trying to define the terms “law” and “morality”. While no one has agreed to a universal definition, law can be defined as a “body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects”. On the other hand, morality is referred to as an “ethical wisdom” , the set of common values unifying a society. This essay will discuss the role of morality in the law, while analysing different legal school of thoughts arguing on the topic. First of all, positivists such as Bentham, Austin and Hart, argued that morality should not interfere with the law as it is created by a legitimate authority. On the other hand, naturalist theorists, such as Aristotle, Fuller and Dworkin, believed in the existence of a “higher law”, highly influenced by morals, has to be integrated in a legal system

The promotion of physician assisted suicide has sparked a debate throughout the world. From my point of view, assisted suicide is doctors assist patients who could not endure the pain of diseases and are voluntarily given lethal amount of substances resulting in death. However, physician assisted suicide might be considered to be deviant in many countries currently due to the religions, laws and the negative image. Also, the physicians who assist their patients to suicide might be labelled as "killers". For instance, Jack Kevorkian, who was known for successfully assisting more than 130 patients to end their lives, was charged with second degree murder and was

There are many common pregnancy alternatives, but most often the resulting decision is abortion because it is effortless. Abortion is endings a women’s pregnancy by removing or forcing a fetus or embryo from the mother’s womb before it is able to survive on its own. Not all abortions are purposely done some are spontaneous like when a women that has a miscarriage. Rather abortion is done purposely or naturally it is a worldwide complication as to it being wrong or right. Abortion is an ethical issue that will be analyzed according to a personal worldview and Christian worldview. Ethical thinking will be examined by value-based decisions that address abortion from the perspective of a Christian worldview and comparing it to a personal assumption by addressing ethical dilemma, core beliefs, resolution, evaluation, and comparison.

Abortion has always been an exceptionally debatable topic, since so many people each have their own ideas and beliefs. Even today in America, normal people as well as politicians are still discussing and arguing over this very controversial topic. One Supreme Court case, known as Roe v. Wade, dealt with a Texas law outlawing abortions except in certain cases. A woman named Jane Roe wanted an abortion and eventually made her way up to the Supreme Court, where the judges essentially set down the rules for abortions. Roe argued that the Texas law violated the First, Fourth, Fifth, Ninth, and Fourteenth Amendments of the Constitution. The Supreme Court agreed and ruled in favor of Roe, making the Texas law unconstitutional. Roe v. Wade is an exceedingly controversial case about abortion, but the judges undoubtedly made the proper decision in allowing abortion to be up to the woman and her doctor in the first trimester of pregnancy.

Abortion has always been considered a controversial issue in America. When it comes to abortion there are and there will continue to be many different views about the moral acceptance and the social political sides of abortion. Therefore when the Roe vs. Wade decision was announced on January 22, 1973, it was received with a lot of controversy from the public. The Roe vs. Wade case is known to be the case that legalized abortion in the U.S. Before the Roe vs. Wade case, abortion was looked at as morally wrong and it was considered a crime that could cause a woman to spend time in prison. When Roe vs. Wade case ruling, made the court accepted for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Summary of Roe v. Wade, 1973). A woman’s life was changed with the ruling because now a pregnant woman who did not wish to have her child was allowed to terminate her pregnancy without the fear of being arrested if they were ever caught or the fear of risking their life going through with an illegal abortion.

A famous feminist named Margaret Sanger once said,“No woman can call herself free who does not control her own body.” In 1973 the united states supreme court pass the right to get an abortion. The court ruled 7-2 extending the 14th amendment. The case is known as Roe V. Wade case.

Illegal abortions made up one sixth of all pregnancies in 1965. In the 1971 case of Roe v. Wade the supreme court confirms that the legality of a woman's right to have an abortion is under the Fourteenth amendment to the Constitution. This case was a major landmark in history because, it changed the way the population viewed abortion, however  I am in partial agreement with this case.

Physician-assisted suicide (PAS) occurs when a physician facilitates a patient’s death by providing the necessary means and/or information to enable the patient to perform the life-ending act (e.g. the physician provides sleeping pills and information about the lethal dose, while aware that the patient may commit suicide). [Carter, 2015]. According to Death with Dignity.org, Oregon, New Mexico, Vermont, Washington and California along with Montana who administrated the Death with Dignity act determining legality through the decision from the court. These following states are currently considering on accepting the Death with Dignity act: Alaska, Arizona, Colorado, District of Columbia, Hawaii Iowa, Kansas, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Rhode Island, Tennessee, Utah and Wisconsin. Physician- assisted suicide is a very controversial act, and the determination of legality depends or ethics, laws, safety, and much more. The principles of autonomy merits the consideration of the person believing that people should get the respect making their own decisions. Should Physician Assisted Suicide be legalized with the support of the principles of autonomy?

Physician assisted suicide is a topic that promotes debates from all sides. At the core of the physician assisted suicide debate is the idea that people should have the right to commit suicide if they choose to. There are those who feel human beings should have complete control over what happens to their bodies. Then there are those who feel we should strive to save life at all costs. When you add in the idea of a physician who has sworn to do no harm helping a person to end their life, the debate gets even more complicated. One opponent of Physician assisted suicide is Richard Doerflinger. Doerflinger in his article, Assisted Suicide: Pro-Choice or Anti-Life?, uses the Utilitarian theory of the greater good to explain how the slippery slope idea means physician assisted suicide will ultimately bring about more harm than good. On the other side of the debate Anthony Back, Robert Baker, et al. defend the rights of individuals to choose to end their life with the help of a physician based on a patient’s right to self-govern.

Abortion is the termination of pregnancy before birth, resulting in, or accompanied by the death of the fetus. ("Abortion," Encarta 98). In 1973, the U.S. Supreme Court decision, Roe v. Wade, dramatically changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy, and for almost any reason after that. ("Status of Abortion in America"). In the Roe v. Wade case, Roe (Norma McCorvey), had claimed she was gang raped and attempted to have an abortion in Texas. ("Roe and Doe"). After hearing the case, the Supreme Court ruled that an American’s right to privacy included the right of a woman whether or not to have children, and the right of a woman and her doctor to make that decision without state interference, at least in the first trimester of pregnancy. ("Celebrating 25 Years of Reproductive Choice"). The moral issue of abortion—whether or not it is murder—has been debated since it was legalized in 1973. Roe v. Wade has been one of the most controversial Supreme Court decisions of the 20th century. ("Roe No More"). More than two decades since the Supreme Court first upheld a woman’s right to abortion, the debate over the morality and legality of induced abortion continues in the United States. ("Abortion," Encarta 98). Abortion is one of the most divisive and emotional issues facing United States policy makers today. ("Economics of

Our society is filled with numerous ethical dilemmas. We are consistently bombarded with ethical issues daily. At times, these ethical dilemmas are virtually impossible to unravel. I believe the topic of abortion is one of the most difficult and controversial issues in today’s society. It is also the one people are most passionate about as it continues to be scrutinized by two groups, holding fast to different perspectives; Pro-Life versus Pro-Choice.

Morals are norms of behaviour that the society acknowledges. Religion sets rules and customs for its followers. These religious rules influence the legislative system. If religion plays a role in government policies, it would also influence laws. For example, religious beliefs and morals influence abortion laws in many parts of the world. It is still looked upon as morally wrong on the basis of religious ideas to undergo an abortion procedure. Phillip Montague points that “legal and political debate and decision making should be governed by standard criteria for assessing reasons and reasoning, and when religious considerations fail to satisfy such criteria, they should not be allowed to influence matters of law and public policy” (Montague 17). He further states that these matters consist of abortion, capital punishment, and euthanasia along with numerous subjects of social justice such as welfare policies. Montague claims that in comparison with secular reasons, “religious reasons fail by a wide margin to deal adequately with the complexity of such issues” (Montague 17). For instance, a person who argues that homosexuality is morally wrong for the reason that it opposes the divine law would be referring to religious grounds to support his argument and not secular. Individuals should not be arguing for restrictive laws or policies if they do not have secular grounds to support them. They should only put across views that are

Since we were kids and became conscious of our surrounding, our parents and grandparents instilled in us an awareness of what is right and wrong. In other words, it is a trait of all human beings and fosters from our desire to get along with each other to live a harmonious life. Laws are a set of rules and behaviors set by governments that society illustrate on what people can or cannot do. The purpose of this paper is three-fold: it will identify and define what distinguishes law from ethics and what similarities they share. The second is an analysis of examples of where law and ethics either meet or diverge. Third is the role where law and ethics either meet or diverge.