Nobody downloaded yet

Five Controversial Argumentative Views That Constitute a Proper Aim of Law - Essay Example

Comments (0) Cite this document
Summary
Donna Purcell Order# 545265 10 May 2011 Law: Five Controversial Argumentative Views That Constitute A Proper Aim of Law John Stuart Mills developed “the harm principle” which states that each individual has the right to act as he wants as long as these actions are not harmful to others…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Five Controversial Argumentative Views That Constitute a Proper Aim of Law
Read TextPreview

Extract of sample "Five Controversial Argumentative Views That Constitute a Proper Aim of Law"

Download file to see previous pages Over himself, over his own body and mind, the individual is sovereign.” Mills was a British philosopher, economist and civil servant and a very influential contributor to the ideas of his time in social theory, political theory, and political economy. His concept of liberty gave complete control and freedom to the individual and opposed unlimited state control. Mills’ theory excuses persons who are “incapable of self-government” from this principle, such as young children or those living in “backward states of society.” Mills also felt that despotism (tyranny) is an acceptable form of government for societies that are “backward,” as long as the absolute ruler has the best interests of the people at heart. However, the theory has complications as “harms” may include actions that are omitted as well as acts of commission. Failing to rescue a drowning child or failing to pay taxes, both are harmful omissions that may be regulated by law. Mills did not think that offense constituted “harm”; however, an action could be curtailed if it violated the morals of a society. He also contended that free speech is a necessary condition for intellectual and social progress. He was famous for being one of the first supporters of rights for women. In his book “The Subjection of Women” he points out three major facets hindering women, society and gender construction, education, and marriage. His formation of the “greatest-happiness principle” is his most famous theory. It stipulated that a person must always act so as to produce the greatest happiness among feeling beings within reason. He also felt that intellectual and moral pleasures were more important than physical forms of pleasure. He believed in free markets and accepted intervention in the economy for tax on alcohol and supported legislation on animal welfare. John Austin was a noted British jurist and author of law and jurisprudence. He developed a theory called “legal positivism.” This basic theory of law states that there is no association between the validity of a law and ethics and morality. Therefore, by “legal positivism” the law is considered separate from moral and ethical values. It considers the law to be studied by lawmakers who are humans. It does not give any real basis for arguing against the validity of any law based on the content, no matter how horrible to the morality of any person. The argument is based solely on the nature of the law being a human institution. Gerald Dworkin is a professor of moral, political and legal philosophy. He is noted for his development and writings on “moral paternalism”, which refers to an attitude or policy based on the hierarchy of a families’ CEO or authority. His research includes ideas of the nature and justification of self-government or the right of self-government. His most recent book defends physician-assisted suicide. In it he argues that doctors who approve of stopping life support at the patient’s request, giving pain-relief medication that kills the patient, or who approves terminal sedation are inconsistent in condemning physician-assisted suicide. “Legal moralism” is a theory of jurisprudence which projects that laws may be used to prohibit or require a certain ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Five Controversial Argumentative Views That Constitute a Proper Aim of Essay”, n.d.)
Retrieved from https://studentshare.org/law/1425198-argument-on-views
(Five Controversial Argumentative Views That Constitute a Proper Aim of Essay)
https://studentshare.org/law/1425198-argument-on-views.
“Five Controversial Argumentative Views That Constitute a Proper Aim of Essay”, n.d. https://studentshare.org/law/1425198-argument-on-views.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Five Controversial Argumentative Views That Constitute a Proper Aim of Law

What constitute torture

...? (Assignment) What Constitute Torture? Introduction According to the most accepted definition, torture is an act which is deliberately inflicted on a person with intent to creates severe pain and suffering; physically or mentally. The very common purposes of inflicting torture are to elicit information or a secret, to punish or as an act of intimidation or coercion. While the physical impact of torture ranges from death to fractures, neurological disorders and musculoskeletal problems, the psychological problems associated with torture are depression, fear, shame and the feeling of worthlessness. The only parallel that can be drawn in all the cases of torture is the presence of elements like vengeance and the need to...
5 Pages(1250 words)Research Paper

Law. Discussion of views

...with some similarities and differences. One of the differences between law and morality is in their sources. Gardner explains that while morality originates from a collective responsibility of a society, law is a creation of an individual or a group of specific people. He argues that law is made on purpose and is therefore objective driven. As a result, law is viewed as a creation of necessity and predetermined intentions. This distinguishes law from morality that emanates from cultural practices that have been held and approved as acceptable by a given society. It can therefore be identified that while law is a...
4 Pages(1000 words)Essay

The Aim of Anthropomorphism

...? The Aim of Anthropomorphism School The connection between religion and politics is one of the oldest and most enduring examples of institutional synergy in the history of the world. In the earliest societies, such as the Mesopotamian and the Egyptian, the political leader was also the deity, or at least the representative of the deity. Gilgamesh, although just a king, was seen as having superhuman fighting ability and strength, as evidenced by his journey to the underworld to attempt to bring his friend, Enkidu, back to life, as recorded in what may be the earliest recorded work of literature. In Egypt, the pharaoh was seen as a close servant of the gods – although it is clear that the pharaoh was seen as subordinate,...
6 Pages(1500 words)Assignment

Argumentative

...? Abdullah Alrubaysh Lee Miller ENG 291-018 Technology Technology does more harm than good. This is because technology makes life complex never mind that most people view it as a problem solver. The meaning of solutions and complexity is being redefined. Most of the innovations that have been made are hailed as problem solving and that they are making life easier. Research shows that more people starve in this age than any other time in the primitive history. While it is true that some astonishing discoveries have been made, with regard to information technology and communication among other areas, they are not necessarily addressing the challenges that mankind goes through, (Shelly, and Vermaat 2011, p112). Any new idea...
5 Pages(1250 words)Essay

Controversial Paper

...? Illegal Immigration Introduction Immigration can be defined as the migration of people across national borders. This movement violates immigration laws of the country that they migrate to. This is usually movement from poor countries to richer countries. Immigrants migrate due to high rate of unemployment and poor living conditions from their countries. Consider that the chances of successfully migrating upwards are greater than the risks; illegal immigration always becomes the only option. Causes of immigration It is believed that the reasons why people illegally migrate to other countries is poverty. mostly people who migrate illegally to other countries are mostly from third world counties to look for better lives in...
3 Pages(750 words)Research Paper

Argumentative

...are being bullied online in Facebook without the knowledge of their parents. In fact, this has led to some schools implementing anti-bullying policies in United States. For example, a new Maryland law adds cyber bullying to the legal definition of bullying and requires schools to ensure its full implementation by having school boards write anti-bullying policies (Davis 1). Many people on Facebook find it easy to say things to people than they could do face to face (Davis 1). The situation is usually aggravated by having friends watching the bullying leading to increased incitement. In fact, cyber bullying leads to students committing suicide as they find themselves unacceptable in the society. For example, a 13-year-old...
8 Pages(2000 words)Article

Proper Nutrition

... April 26, 2007 Although there is no “one size fits all” approach in nutrition, my suggestions to improve player performance would include: Drink between 20-28 ounces of fluids per hour during exercise. Eat complex carbohydrates instead of simple sugars since they are readily absorbed and provide smooth, steady and reliable energy. Use liquid fuels as the main energy source instead of solids and avoid refined sugar and saturated fats since they are harder to digest and require more time, water, and electrolytes. Replenish electrolytes during exercise, which includes calcium, magnesium, and potassium in addition to salt. Replenish the body with carbohydrates and protein soon after each exercise session to ensure faster recovery... April 26,...
2 Pages(500 words)Essay

Controversial Artwork

...Making Controversial Artworks Full Ideas expressed through artworks beyond what is normally considered moral probably are the most controversial in the field of Arts. While photographic paintings and other performances that are aesthetically applauded are generally considered acceptable and commendable, those that portray the other side of beauty usually attract the attention of critics. Sometimes, it could be considered that what makes a modern artwork successful is the lunacy expressed in it that generally draws criticisms, consequently making an artwork famous, although not in a positive way. Chris Ofili’s Holy Virgin Mary caught national attention in 1999 when it was exhibited at the Brooklyn Museum...
1 Pages(250 words)Essay

Controversial topic

...Jordan Medina The Bane of Genetically Modified Organisms (GMO) A genetically modified organism is “an organism, with the exception of human beings, in which the genetic material has been altered in a way that does not occur naturally by mating and/or natural recombination (European Parliament and of the Council). Genetically modified organism (GMO) is a product of modern science and agriculture. It is much talked about and here to stay. Public preoccupation and opinion are divided as to whether it is a harmful and helpful, with both listing several arguments to their cause. However, GMOs have been severely untested in the natural living ecosystem for it to be categorized as an advantage to mankind. Several possible...
1 Pages(250 words)Essay

Argumentative

...Abortion with drugs maybe reversed. The overheated debate of both proponents and opponents of abortion have not been proven by facts. The aim is not to take proceedings on abortion but to examine the facts of the specific provision. What proof shows whether drug induced abortion is reversible? Some argue that a woman who takes abortion drug has a right to discern that her act is reversible. All facts concerning the matter should be clearly explained to women. The state of Arizona, a battlefield for anti abortion laws became the first state pass a legislation that obliged doctors to inform women that abortion induced through drugs is reversible. The contentious bill was signed into law by...
5 Pages(1250 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Five Controversial Argumentative Views That Constitute a Proper Aim of Law for FREE!

Contact Us