Essays on Natural Rights

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Legal Positivism Under the direction of legal positivism understood in law, which advocates limited jurisprudence the task of studying the law in force with the formal dogmatic positions. The emergence of legal positivism refers to the first third of the XIX century and it was associated with the processes of approval of industrial capitalism in Western Europe. A crucial role is played by the processes of formation in the most developed countries of the national market, demanded the elimination of the vestiges of medieval particularism, expanding the scope of legal regulation of public relations and the establishment of a ...

There are some approaches to natural law. The first conception assumes that it exists independently and does not need to be recognized, found by anyone or declared. On the other side, the positive law has to be approved according to certain procedural standards. The positive law is limited, while the natural law of God or of Reason is limitless and universal (Silving 477). In other words, they are of different origin and have different power and procedure of adoption. These concepts fit into my understanding of the role of law in the community. Thus, it is well-known that there ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

The progressive movement in the United States refers to a broad based transformational faction that promoted the ideologies of a rational government action while handling political, economic, and cultural aspects in a bid to improve the society. From the outset, it is important to note that the leaders of the progressive era came from various backgrounds, from social activists to politicians, philosophers to business owners, and reporters to preachers. Some of the well-known progressive thinkers include Woodrow Wilson on the democratic side and Frank Johnson Goodnow. Woodrow Wilson’s progressive views were that the role of government is to ...

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Introduction

Thesis Statement: Kantian ethics, as a utilitarian view, holds that man is the end of the act to be benefitted from instead of the means to achieve the goal. One of the most denigrating crimes known to man, the trade in people is a crime that impacts the global community. Traffickers trick men, women, and children from almost every country and then “sell” them to traders looking to exploit their situation. Though the most prevalent form of human trafficking is for the illicit sex trade, others are sold into slavery, and even at times into syndicates ...

Arrogance and ignorance may be called the twin causes of the American Revolution. Trace and discuss the ways in which the British lost their American colonies. Why were the British unable to retain the colonists’ loyalty in the period leading up to the Revolutionary War? The rapid economic growth of the colonies encouraged them to free themselves from the constraints posed by England in the fields of trade, industry and land use. Colonies wanted to get rid of the taxes imposed by the British government. Despite all this, in the 60’s of the 18th century colonial oppression increased. ...

The Declaration of Independence is the basic legal instrument that serves as the background in forming the equality of the society and protecting its rights. The Declarations presupposes all human beings to be treated equally and possess equal natural rights. According to the basic principles of the Declaration, the humankind has been created by God to be equal at all times. As it has been stated by Lincoln, equality is an abstract truth, so every man must be treated equally in the society. As the Declaration is a legal instrument, it predetermines the Government to be responsible for the ...

It seems like nowadays the concept of feminism gained a negative connotation equating its followers as fanatics and usually mocking their intentions. This movement, which managed to bring freedom and rights to women, is considered today as obsolete and irrelevant, as society believed that females were fully liberated. However, it is far from being true. Female professionals are still paid less than their male counterparts, women are stilled viewed through the prism of patriarchal values, and the dissemination of power between men and women remains unequal to these days. In order to revive the memories of the achievements gained ...

An ethical and political issue that has been difficult for people to address is gay marriage. Many people have strong opinions about the topic of gay marriage and weather two people of the same sex should be able to legally get married. There is a torn view with people who think that marrying the same sex should be allowed and that everybody has the right to be happy and love who they want. On the other side, some people think that a marriage should be between a man and a women and not people of the same sex. Religion ...

Reading Response

The reading is from The Modern History Sourcebook and the passage is entitled, “The Social Contract. It was written by Jean Jacques Rousseau who, in a similar fashion to other political and philosophical minds, stresses the idea of a social contract and, thus, social control as a building block for any society. Some demanded there be a contract between the government and its people, but Rousseau demanded the contract be made between all members living in the society. The contract would essentially replace what are known as natural rights, becoming what we know now as laws. The reading explains ...

Analysis of the Documentary Food, Inc. through the Lens of Ethical Theories and Ideas

Some may wonder whether the food choice is an ethical issue. After all, we make these choices at least three times a day and our individual decisions influence the global industry of food growth, production and processing. As Jones, Cardinal and Hayward remind us, we exist in society and are connected to other people. This is why our choices, in our case, the food choices, affect other people, and their decisions influence us as well (2006, p. 3). Various theories of ethics propose different ways of viewing the problems of food production and consumption and seek solutions in distinct ...

John Locke’s Social Contract Theory:

Introduction: The Social Contract Theory argues that people’s morals and obligations depend on an agreement among them in order to form the society in which they reside. John Locke's argues that the state of nature of man is perfect, and no one is to interfere each other’s’ lives. He states that even though the state of nature is one without punishment from the authority, it is not pre-moral (Friend, 2004). In Hobbes's argument, he points out that without identification and recognition of a universal authority, chaos is the order of man. In contrast to this, Locke and ...

John Rawls is a great proponent of the natural rights theory. With his theory of the veil of ignorance, Rawls is of the idea that everyone has some rights that accrue to them by nature. Natural right is a philosophical perspective developed by Hobbes, and it portends that all living beings have rights, and these rights would make an individual act or fail to act in a certain way. The veil of ignorance by John Rawls is premised on the inviolable rights of an individual; this makes him fall under the natural rights theoretical concept. Rawls argues that to ...

Brief Summary

Argument strategies are the ways in which an individual presents his arguments or justifications. Even though some arguments are just mere deduction and generalizations that are based on the daily life experiences, people still need to be tactful while presenting these arguments. Furthermore, there are several argument strategies that people can put into practice while presenting their arguments or justifications. Nonetheless, a clear understanding of these argument strategies is likely to do an individual more good than evil. Individuals with such knowledge are likely to argue more clearly and effectively. Basically, there are four major argument strategies, that is, ...

Utilitarianism is a form of normative ethics. According to Utilitarianism, an action will be classified as moral or immoral based on the end result that comes from such an action. Therefore, Utilitarianism classifies a moral action as any action that maximizes utility (Graham 121-161). Utility refers the wellbeing of the sentient entities in the society which arises from the aggregate good that arises from the action. In order to understand the good, the concept of hedonism is applied. According to hedonism, anything is deemed to be good if it led to pleasure (Graham 39-52). Nonetheless, the concept of hedonism ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

Philosophy

Explain the connections between pleasure, contemplation, and judgment in aesthetic appreciation. Aesthetics is the branch of philosophy; it is type of quality hypothesis or axiology, which is the investigation of sensory or sensori-passionate qualities, called judgments of sentiment and taste. Aesthetics is connected with the logic of art. Style is once in a while called "the investigation of magnificence". Judgments of aesthetics esteem depend on our capacity to separate at a tactile level. Aesthetics looks at what makes something wonderful, glorious, appalling, fun, adorable, senseless, enthralling, bombastic, empowering, grating, agreeable, exhausting, comical, or disastrous. Tactile separation is connected to ...

Causes of the Revolution

The American Revolution occurred between 1765 and 1783 after the colonists within the thirteen American colonies declined the British aristocracy and monarchical rule. Beginning 1765, the American colonists refused to acknowledge the power of the British parliament to tax the American colonists while the latter did not have colonial representatives in the governments. The following years were marred by protests as American patriots sought to ventilate their disapproval of the authority of the British monarchy and aristocracy over the thirteen American colonies. Religion played an important role in ushering the revolution as the Christian revivalists in the Great Awakening ...

Dear Natalie,

I hope I find you and your family well. It has been long since our last correspondence and I miss hearing about your family’s many excursions. I apologize for replying late. Lately I have been reading up a lot on changes that have been happening in our society. From, what I have been reading, I can tell you that our society is going through a great transformation. I see what is happening in Europe and in other colonies finally reaching Massachusetts and changing how we interact in our daily lives. I can tell you sister that there is ...

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(28th March 2016)

Introduction

Generating profits from products made through the use of asbestos is unethical. Organizations have a responsibility to guarantee the safety of employees. Secondly, it is unethical to knowingly expose an employee to a harmful chemical. Employees have a right to a workplace environment that does not lead to safety issues. Recklessness and disregard for the safety of employees mean that corporations are only interested in profits but not the life and safety of employees. Furthermore, Australian Securities and Investments Commission (ASIC) engage in unethical practice by trying to stop victims from being compensated. My argument is ...