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.
Nobody downloaded yet

Law and Abortion - Essay Example

Comments (0)
The law relating to abortion has two approaches. These are Utilitarianism and Liberalism. Both approaches have the potential to present moral dilemmas. The purpose of this paper is to discuss both approaches, mention the founders being the two theories, and support any claims made by presenting a few law cases that relate to the subject at hand.
Download full paper
Law and Abortion
Read TextPreview

Extract of sample
Law and Abortion

Download file to see previous pages... A characteristic feature of Bentham's theory is the idea that the rightness of an action entirely depends on the value of its consequences. This is why the theory is also described as consequentialist. Bentham's theory differs from certain other varieties of utilitarianism (or consequentialism) by its distinctive assumption that the standard of value is pleasure and the absence of pain; by being an act-utilitarian; and by its maximising assumption that an action is not right unless it tends towards the optimal outcome.
There are many philosophers that support the theory of Utilitarianism and have added their own contributions. These include David Hume, Jeremy Bentham, William Godwin, James Mill, John Stuart Mill, Henry Sidgwick, R.M. Hare, and Peter Singer (Utilitarian.net, 2008).
Intuitionists will predictably take this as "proof" of the "inadequacy" of utilitarianism. The utilitarian, however, after noticing the various muddles produced by the intuitionist - the arguments over whether the fetus is a "person", whether one person has the "right" to the use of another's body and/or whether someone has the "right" to determine what occurs in their own body (and in the case of both, the interminable debates as to what is to be done about the dilemma), and whether having sex in the first instance amounts to an "invitation" and the effects of this - might take this issue to be a good example of the inadequacy of intuitionism.
One of the disadvantages of Utilitarianism is that it avoids one of the moral issues that have been brought to the forefront of many skeptics. This is, according to Utilitarianism.org (2008, pg. 1), "If it is sometimes permissible to kill a fetus, where is the dividing-line between this and killing a normal baby (or adult)" The reason why Utilitarianism avoids the issue is because it says that it is wrong to kill a baby except in the case where the mother is in immediate danger for her life (Utilitarianism.org, 2008).
The concept of Utilitarianism takes the fetus into its main consideration. The theory expects that the future life of a baby will be happy, or at least reasonably happy. Furthermore, it considers abortion to be painful for the baby, especially late in pregnancy. Utilitarianism is not outright against abortion; it is simply against abortion late in pregnancy, if it is not absolutely necessary, or via painful means. It, therefore, supports abortion only if it absolutely must be done to protect the mother, early in the pregnancy, and via painless or near painless means.
According to Mel Thompson (2008, pg. 1):
As is the case with many issues in a utilitarian system, the rightness or wrongness of the act in question turns mainly not on the effects of the act on the agent, nor on the being(s) directly affected by the act, but on the less direct effects on the community at large. The issue of abortion, stripped of the language of "rights" and emotional sway over ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Abortion law and policy
Various states have developed different legislations on abortion; this has created lack of uniformity in handling of abortion cases. Most of the legislations have focused on reducing induced abortion, its advocates have had two lines of thoughts which have kept on changing with time.
6 Pages(1500 words)Term Paper
Abortion in Canadian law
Before this I will provide a shot history of general law and its relationship to social contract theory and moral philosophy. The influence of Dr. Henry Morgentaler on the evolution of abortion law will also be explored, as he is responsible for much of the progress made in the area.
4 Pages(1000 words)Essay
Title: Critically assess, from a right-based analysis, the conflicting approaches to reproductive rights (law on abortion, c-section cases (Re S [1992]), Ag Ref
The notion of women’s reproductive rights sought to challenge the reduction of women through gendered and patriarchal institutions of government,
16 Pages(4000 words)Essay
Examine the extent to which children have rights in a particular area of law and provision (Abortion)
The first perspective is with regard to the rights of the unborn child and the second is in relation to parental involvement during abortions for under-eighteens. The laws will be compared to abortion laws in other countries and
4 Pages(1000 words)Essay
An abortion happens when a pregnant woman willingly gives up the life of her unborn child. Usually, this is known as induced abortion ; on the other hand, a
5 Pages(1250 words)Essay
Abortion(English abortion law delivers neither sufficient protection for the foetus, nor sufficient respect for the autonomy of pregnant women.What are the main arguments for and against this claim )
documented in the ancient Jewish, Greek and Roman texts, and societies since times immemorial have tried to bring the issue of abortion within the ambit of law (Sheeran 1987, p. 50). The Jewish law considered a foetus to be an integral part of a woman’s body, yet, allowed for
16 Pages(4000 words)Essay
ion of 1973 describing abortion as a ‘fundamental right’, several challenges exist with religion terming the declaration as backward and wrong (Naden 65). The legalization of abortion has been debated over the years with no conclusive. Proponents of abortion believe that it
1 Pages(250 words)Essay
Reflection on Reading Assignments
It also links the entire field of psychology to clinical practice (p25). There are many ethical considerations in testing. The most prominent are the existence of a professional relationship. There must be agreed on terms on both
2 Pages(500 words)Assignment
Arguing that restrictive state abortion law DO NOT violate the right to privacy set in ROE v. WADE
In fact, even countries where abortion is permitted by law, women always have severely limited access to safe abortion due to lack of proper regulation. But not all countries prohibit all abortions. A small group of these countries allow abortion at least to
4 Pages(1000 words)Essay
Policymaker Power point
This is because face to face meetings generate a connection and assist in building a relationship with the policy maker. Having a face to face meeting permits cooperation and the person interacting with the policy maker can learn about the personality of the policymaker and
15 Pages(3750 words)Essay
This brief paper attempts to look at both the arguments for and against abortion with view of proving that indeed abortion is wrong and that the reasoning against it are far weightier than those that seek to validate the process. Sections of the society who champion for
2 Pages(500 words)Essay
Let us find you another Essay on topic Law and Abortion for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us