The means justify virtuous ends. JAMES MADISON: The last thing this new country needs is another Shays’s rebellion. We needed to vaguely define this broad power to prevent anarchy, and a repeat of the Articles of Confederation. Thomas wishes to literally read the clause, but it should not be read that way. The clause reflects compromise over an ideological question of sovereignty.
I believe that they should remain restrictive because less restrictive drug laws are not the solution to our drug problem, and instead, less restrictive laws are an extremely dangerous idea. This essay will investigate the multitude of reasons as
Socrates constantly reiterated that divine law must supersede the laws created by state in the Apology, an argument he completely contradicted in Crito, where he emphasized on the importance of respect of institution and one’s civic obligation. A functioning government and society would not be feasible if there is an absence of clearly defined laws. Legitimate nation-states have constitutions, sets of rules that their constituency must respect and obey to establish a social order. It also serves as a binding social contract or an agreement between the government and its subordinate
Humanitarian intervention and the spread of human rights can be recognised as progressively challenging the nation based order of the order and adjusting it to embrace universal values and individual human rights. The international realm has persisted to stress the significance of non-intervention, however, it is arguable that military involvement must be legalised in disregarding the sovereignty rule in cases where states have succumbed to civil disorder or when a regime massively infringes its citizen’s rights. As the United Nations prohibits war, excluding self-defence and united action with the approval of the United Nations Security Council, humanitarian intervention produces major dilemmas for the international realm which is established on nation rights such as sovereignty, self rule and the rights to non use of force. Presumably, sovereign nations behave as defenders of their civilian’s protection, however, many human rights activists assert that nations are allowed to act aggressively towards their own population, regarding sovereignty as their authorisation for abuse. Spurring vigorous debate among theorists is the issue as to whether totalitarian nations should be acknowledged as genuine member of the international community and provided with the protection of the non intervention standard, or whether they have forfeited their sovereign rights and ought to be exposed to legitimate intervention.
Policy is an important consideration for the courts to decide the duty owed by defendants. Lord Bridge suggested that it should be fair, just and reasonable when imposing duty on defendant. It is thought that the imposition of a duty solely base on foreseeability of damage is not desirable. As Winfield and Jolowicz suggests that “the court must decide not simply whether there is or is not a duty, but whether there should or should not be one.” For the purpose of this essay, I will discuss how policy can influence the imposition of duty. The most important policy concern has always been the “floodgates argument”.
SUSPENSION OF HABEAUS CORPUS UNCONSTIUTIONAL? In Article I, section IX of the U.S. Constitution is states “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Therefore, any suspension of habeas corpus, either short-term or long lasting, is a crucial action that must be applied strictly as last resort and only when confronted with disastrous and unforeseen situations. Such, situations like the Civil Wars and attacks on the US by terrorist are most definitely disastrous and unforeseen and are without doubt constitutional. Habeas Corpus is the lawful ability of a prisoner to apply for release from a prison due to a permissible and/or truthful inaccuracy in either the trial or sentencing process. The suspension of Habeas Corpus is one of the most weighed upon acts in United States history for the reason that it takes away the rights given under the United States Constitution.
Moreover, in regard to bombing, a chief concern of System of a Down’s moral commentary on violence, Ramsey asserts that “we do not need to know who and where the noncombatants are in order to know know that indiscriminate bombing exceeds the moral limits of warfare that can ever barely be justified” (144). However, while Ramsey’s delineations of war’s ethical boundaries are valuable, the band would ultimately consider them insufficient, because the question Ramsey seeks to answer, “How shall modern war be conducted justly?” is incongruous with the band’s moral epistemology. Modern warfare is an innately unjust phenomenon that
Ecologically unfriendly when compared against existing technologies 2. Despite any level of safeguarding, the process comes with great personal and extra-personal risks 3. Exposure to the process as an acceptable and necessary behavior conditions the public to accept similar endeavors as the norm Should This Be Fracking Legal As serious and potentially dangerous as this process is, companies intent on fracking should be obliged to receive written consent from all members of the public who may be negatively effected by it. This is the standard to which I expect these companies and their advocates to be held. Should a company follow through without proper consent, legal action should be taken against any and all individuals involved.
Katheryne Gottlieb U.S history November 22, 2011 Foreign Policies “The right of self defense never ceases. It is among the most sacred, and alike necessary to nations and to individuals, and whether the attack be made by Spain herself or by those who abuse her power, its obligation is not the less strong,” James Monroe (brainyquote.com). Monroe believed that the United States should stay out of foreign affairs, unless the safety or security was threatened by another country, and that Europe should stay out of American affairs. Monroe stated that the Americas were no longer open for European colonization. Even though a few amendments have been made to the doctrine America still uses some of the ideas of Monroe’s ideas in decisions made by the government.
Some would consider this morally justifiable act based on both Just War theory and the principles of self-defense. Under the Just War Theory, a war is just only if it is defensive and meets four strict conditions. The requirements are: “that the damage inflicted by the aggressor must be lasting, grave and certain; that there must be serious prospects of success; that all other means of ending the war must be shown to be impractical or ineffective; and that the use of force cannot produce evils graver than those to be eliminated”(Just War Theory