Legal Issues. The Two Laws “Do all you have agreed to do.” “Do all you have agreed to do.” “Do not encroach on other persons or their property.” “Do not.

Legal IssuesLegal Issues

The Two LawsThe Two Laws

““Do all you have agreed to do.”Do all you have agreed to do.” ““Do not encroach on other persons or Do not encroach on other persons or

their property.”their property.” - This wording of the two laws comes - This wording of the two laws comes

from Richard Maybury in from Richard Maybury in Whatever Whatever Happened to Justice?Happened to Justice?

Unsolved QuestionsUnsolved Questions

Because common law has been largely Because common law has been largely replaced by civil law, there are replaced by civil law, there are questions which have not been questions which have not been answered.answered.

We wish to consider some of them and We wish to consider some of them and examine the issues and the answers examine the issues and the answers given by the left (Democrats), the right given by the left (Democrats), the right (Republicans), the center (the statists) (Republicans), the center (the statists) and the common law position. and the common law position.

AbortionAbortion

the termination of a pregnancy the termination of a pregnancy after, accompanied by, resulting after, accompanied by, resulting

in, or closely followed by the in, or closely followed by the death of the embryo or fetus death of the embryo or fetus

- - www.webster.comwww.webster.com

AbortionAbortion

Abortion is the purposeful Abortion is the purposeful termination of a human pregnancy – termination of a human pregnancy – a pregnancy which would have a pregnancy which would have naturally ended in the birth of a naturally ended in the birth of a human child. human child.

This question of abortion brings up This question of abortion brings up two major issues:two major issues: right to liferight to life right to privacyright to privacy

What life should be What life should be protected?protected?

How do we determine what life How do we determine what life should be protected? should be protected?

Doesn’t a chimp or a dolphin have Doesn’t a chimp or a dolphin have more intelligence and capability than more intelligence and capability than an infant or a senile human?an infant or a senile human?

Note that this issue brings in:Note that this issue brings in: Animal RightsAnimal Rights Euthanasia Euthanasia Right to DieRight to Die

When does life begin?When does life begin? In times not so long ago in the U.S. In times not so long ago in the U.S.

and even currently in other countries, and even currently in other countries, children aren’t named or given an children aren’t named or given an identity till they reach a certain age identity till they reach a certain age because so many children die early in because so many children die early in their life. i.e. infant mortality rates are their life. i.e. infant mortality rates are very high. very high.

Now we have the medical ability to Now we have the medical ability to save babies born as early as 23 weeks save babies born as early as 23 weeks (40 weeks is full term)(40 weeks is full term)

http://www.cnn.com/HEALTH/library/DS/00137.html

When does life begin?When does life begin?

Some argue that life begins at birth.Some argue that life begins at birth. Some argue that life begins at vitality.Some argue that life begins at vitality. Some argue that life begins at the point Some argue that life begins at the point

the women knows she is pregnant.the women knows she is pregnant. Some argue that life begins at conception.Some argue that life begins at conception.

How come we don’t give death certificates How come we don’t give death certificates to or have funerals for miscarried babies?to or have funerals for miscarried babies?

The mother’s right to The mother’s right to privacyprivacy

Do people have a right to privacy?Do people have a right to privacy? Should I be able to do what I want Should I be able to do what I want

with my body?with my body? how I eathow I eat tattoos and piercingstattoos and piercings refusal of medical carerefusal of medical care have an abortionhave an abortion kill myselfkill myself

Animal RightsAnimal Rights

What rights should animals What rights should animals have?have?

Animals can feel pain and pleasure.Animals can feel pain and pleasure. Animals can be social (dogs, dolphins).Animals can be social (dogs, dolphins). What is the human obligation toward an What is the human obligation toward an

animal?animal? Should animals be mistreated (beaten, Should animals be mistreated (beaten,

starved, tortured)? Or should that be starved, tortured)? Or should that be prevented?prevented?

Can we kill animals? Or do they have a right Can we kill animals? Or do they have a right to life? If so, why? If not, why not?to life? If so, why? If not, why not?

EuthanasiaEuthanasia

the act or practice of killing or the act or practice of killing or permitting the death of hopelessly permitting the death of hopelessly

sick or injured individuals (as sick or injured individuals (as persons or domestic animals) in a persons or domestic animals) in a relatively painless way for reasons relatively painless way for reasons

of mercy of mercy - - www.webster.comwww.webster.com

Life saving measuresLife saving measures

If a person can’t sustain their own life, If a person can’t sustain their own life, should they be artificially kept alive if should they be artificially kept alive if they they will likely recover shortly?will likely recover shortly? may recover in a long period?may recover in a long period? are not likely to recover in a long period?are not likely to recover in a long period? are unlikely to recover ever?are unlikely to recover ever?

Are “Do Not Resuscitate” orders Are “Do Not Resuscitate” orders appropriate?appropriate?

EuthanasiaEuthanasia

If a person can specify that they don’t If a person can specify that they don’t want to be kept alive, shouldn’t family want to be kept alive, shouldn’t family be able to specify that if the person is be able to specify that if the person is incapable themself?incapable themself?

What about the doctor if the family is What about the doctor if the family is not available or able to make a not available or able to make a decision?decision?

What if the person could specify? Should What if the person could specify? Should the family get involved? Or the doctor?the family get involved? Or the doctor?

Right to DieRight to Die

If a person can give “Do Not If a person can give “Do Not Resuscitate” orders, why can’t they ask Resuscitate” orders, why can’t they ask to specifically terminate their life?to specifically terminate their life?

Does a person have the right to order Does a person have the right to order their own death? their own death?

Does a person have the right to Does a person have the right to assistance in ordering their own death?assistance in ordering their own death?

How to answer the question How to answer the question of “what life should be of “what life should be

protected”? protected”?

IntelligenceIntelligence

Perhaps we should answer the Perhaps we should answer the question based on intelligence. After question based on intelligence. After all, humans are the most intelligent all, humans are the most intelligent species and it is human life we are species and it is human life we are most concerned about. most concerned about.

But if intelligence is the factor, then a But if intelligence is the factor, then a smart dog has more right to life than smart dog has more right to life than a brain damaged human. Is this right?a brain damaged human. Is this right?

Aristotle's kindsAristotle's kinds Aristotle broke the realm of living Aristotle broke the realm of living

creatures into kinds. Kinds are creatures into kinds. Kinds are specified by their ability to interbreed specified by their ability to interbreed and other differentiating factors.and other differentiating factors.

Does this help us differentiate between Does this help us differentiate between animals and humans?animals and humans?

A full grown chimp may be more A full grown chimp may be more intelligent than an infant human, but intelligent than an infant human, but they are of different natural kinds.they are of different natural kinds.

Which kinds should receive protection?Which kinds should receive protection?

The Judeao-Christian answerThe Judeao-Christian answer

God created different kinds of God created different kinds of creatures (kinds here are quite creatures (kinds here are quite similar to Aristotle’s kinds). similar to Aristotle’s kinds).

Mankind is special among the kinds Mankind is special among the kinds because of the unique gift from God because of the unique gift from God – mankind is made in God’s image – mankind is made in God’s image where no other kind is. where no other kind is.

The Atheist answerThe Atheist answer

How would an atheist answer?How would an atheist answer? He might support the human right and not He might support the human right and not

the animal right or perhaps both rights.the animal right or perhaps both rights. Either answer would have to look to Either answer would have to look to

evolution – either man has this right above evolution – either man has this right above the animals since man is more highly the animals since man is more highly evolved, or man shares this right with the evolved, or man shares this right with the animals since we are all the same but for animals since we are all the same but for our stage in evolution.our stage in evolution.

Acceptable levels of Risk Acceptable levels of Risk

Acceptable levels of Risk Acceptable levels of Risk

When is the risk of some individuals When is the risk of some individuals property or actions high enough that property or actions high enough that it warrants the encroachment by a it warrants the encroachment by a person or persons to lower that risk?person or persons to lower that risk?

Having a kitchen knife is okHaving a kitchen knife is ok Having a nuke isn’t.Having a nuke isn’t. Where do we draw the line in-Where do we draw the line in-

between?between?

Acceptable levels of RiskAcceptable levels of Risk

If someone starts shooting at me, If someone starts shooting at me, how long must I wait till I can defend how long must I wait till I can defend myself by shooting back? myself by shooting back?

Must I wait till they hit me? Must I wait till they hit me? Or is just pointing a gun at me Or is just pointing a gun at me

suitable risk that I should act in my suitable risk that I should act in my defense?defense?

Capital PunishmentCapital Punishment

Capital PunishmentCapital Punishment

If humans have the right to life, is it If humans have the right to life, is it right to put a criminal to death for right to put a criminal to death for their crime?their crime?

If not, why?If not, why? If so, when? What crime is enough?If so, when? What crime is enough? Can the courts be trusted to find Can the courts be trusted to find

someone really that guilty that we someone really that guilty that we don’t put innocent people to death?don’t put innocent people to death?

Consumer ProtectionConsumer Protection

Consumer Protection Consumer Protection Is the government responsible to Is the government responsible to

protect consumers from unsafe protect consumers from unsafe products?products?

Or should “the buyer beware?”Or should “the buyer beware?” If I buy a product and that product If I buy a product and that product

harms me, what can I do?harms me, what can I do? Can the court force an unsafe product Can the court force an unsafe product

off the market?off the market? Should the government have agencies Should the government have agencies

checking on products and advertising? checking on products and advertising?

DrugsDrugs

DrugsDrugs

Pretty much everyone agrees that Pretty much everyone agrees that drugs are harmful, some more than drugs are harmful, some more than others, but none are beneficial (not others, but none are beneficial (not speaking of possible medicinal value speaking of possible medicinal value of a few drugs).of a few drugs).

Should we prevent people from Should we prevent people from taking a substance which harms taking a substance which harms them?them?

DrugsDrugs Thinking in terms of economics, if Thinking in terms of economics, if

supply of something is severely supply of something is severely limited but demand remains limited but demand remains constant, what happens to the price?constant, what happens to the price?

During the prohibition what During the prohibition what happened? happened? crime rosecrime rose prices roseprices rose quality declined (some became harmful)quality declined (some became harmful)

DrugsDrugs

Isn’t the story the same for drugs?Isn’t the story the same for drugs? If a fix was $5 instead of $90, would If a fix was $5 instead of $90, would

people have to steal to buy some?people have to steal to buy some? If drugs weren’t so profitable, would If drugs weren’t so profitable, would

dealers sell bad drugs?dealers sell bad drugs? If drugs weren’t so profitable, would If drugs weren’t so profitable, would

as many people sell them?as many people sell them?

The Environment The Environment

The EnvironmentThe Environment

Who does the ocean belong to?Who does the ocean belong to? Do people pollute their own land? Do people pollute their own land? Why is it that “public” or Why is it that “public” or

“community” property is so often “community” property is so often polluted or destroyed, and yet polluted or destroyed, and yet private property is well maintained private property is well maintained and cared for?and cared for?

Irredentism Irredentism

To whom does land previously To whom does land previously taken by war belong to?taken by war belong to?

Land Returned?Land Returned?

Should the land taken by the U.S. Should the land taken by the U.S. government from the Native government from the Native Americans, be returned?Americans, be returned?

Should the land taken from Germany Should the land taken from Germany and given to Poland after WWII be and given to Poland after WWII be returned?returned?

Should Taiwan be returned to China?Should Taiwan be returned to China? Who has claim to land possessed by Who has claim to land possessed by

previous wars?previous wars?

PovertyPoverty

Who’s responsibility are the Who’s responsibility are the poor?poor?

Does the government have a Does the government have a responsibility to help the poor? responsibility to help the poor? Should it feed and cloth and shelter Should it feed and cloth and shelter those who can’t provide for those who can’t provide for themselves?themselves?

If so, with what money shall it do If so, with what money shall it do this?this?

If not, who will? Or should anyone?If not, who will? Or should anyone?

Taxes cause povertyTaxes cause poverty Our examination of economics should Our examination of economics should

have shown us that when tax rates rise, have shown us that when tax rates rise, people shift money into areas which people shift money into areas which shelter that money from taxes. shelter that money from taxes.

By doing so, less money is available for By doing so, less money is available for building business and employing people.building business and employing people.

People are poor because they can’t work People are poor because they can’t work for themselves, so the government taxes for themselves, so the government taxes and gives to these people. But the taxes and gives to these people. But the taxes drive away the jobs which would employ drive away the jobs which would employ the people.the people.

WarWar

WarWar

When is war right? When is war right? Is it always encroachment?Is it always encroachment? Is their a “just” war?Is their a “just” war? If attacked, is it right to wage war in If attacked, is it right to wage war in

defense?defense? Should this include offensives?Should this include offensives? Is defending a neighbor appropriate?Is defending a neighbor appropriate?

WarWar

Is taking sides in another countries Is taking sides in another countries civil war right?civil war right?

Is starting a war appropriate? What Is starting a war appropriate? What if it is because the other country has if it is because the other country has wronged your country?wronged your country?

Is a war to acquire land right?Is a war to acquire land right?

WarWar

In war, is the killing of an enemy In war, is the killing of an enemy soldier a murder?soldier a murder?

Is the killing of enemy civilians Is the killing of enemy civilians murder?murder?

Are “scorched earth” war policies Are “scorched earth” war policies right?right?

When, if ever, is it appropriate to use When, if ever, is it appropriate to use weapons of mass destruction?weapons of mass destruction?