Term Paper on "Ethics and the Law"
Term Paper 5 pages (1433 words) Sources: 2 Style: APA
[EXCERPT] . . . .
It has some of the best businesses, and an eager crop on entrepreneurs. It has the best hospitals and some of the most efficient production faculties in the world. These benefits are not infinite, nor are they permanent. America must continue to grow and develop in order to become greater. It cannot simply rest on its laurels and hope for progress. As such, laws that require individuals to better themselves ultimately benefit not only the current generation, but future generations as well. America is 5% of the world's population but uses 25% of the world's resources. This isn't by luck. In order to maintain this high quality of life, American must continue to be at the forefront of political, social, and economic development. Laws, in large part, help accomplish this task.An example of such morally acceptable law pertains to capitalism and its affects on self development. Farming in particular has been a large beneficiary of laws requiring people to do things for their own self development. As noted earlier, this self development, ultimately benefits society in the form of food and health. New Hampshire for instance, has zoning laws with grant land to farmers, who are the most productive in regards to crop production. As such, those who can develop better farming techniques are granted land to benefit not only themselves, by also society at large. Although there are many benefits to agriculture, there are some significant moral challenges that need to be addressed by the community. The primary challenge is that a farm is a working business. Depending on the type of farm there is the possibility of truck traffic, signage, increased traffic from customers, noise, and in some cases smell from livesto
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Although, opponents of this notion will state an apparent infringement of personal freedom, I believe otherwise.
In addition, the constitution provides moral examples of laws that help induce self-development. For example, the Preamble to the U.S. Constitution first provides the overall purpose of that document. It also provides the purpose of the government in regards to the legislative, administrative, and judicial system by saying:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Now, "more perfect," "justice," "common," "general welfare," "blessings of liberty," and the limits of "liberty" themselves, are all moral concepts. In addition the interpretation of "domestic tranquility" with respect to attempting to better determine individual rights, social order, preventing crime, and capturing and prosecuting criminals is yet another moral term. In these instances, many of the major moral purposes of the Constitution are to help us be law-abiding so that we are an evolving country, rather than merely a stoic and obedient nation. I therefore believe, it would be remiss, and wrong, to make laws or to try to interpret laws in court without any regard to their moral meaning, moral significance, or moral consequences insofar as these impact justice, liberty, general welfare, the common defense, and domestic tranquility.
1) Berlin, I. (1958) "Two Concepts of Liberty." In Isaiah Berlin (1969) Four Essays on Liberty. Oxford: Oxford University Press.
2) Oakes, J. (1996), What's Wrong with "Negative Liberty." Law… READ MORE
Quoted Instructions for "Ethics and the Law" Assignment:
- You can be critical or supportive of a position. You can even formulate your own position, and you can define a particular task for your essay to do
- Be careful to define key terms (e.g. what is meant by *****personal liberty***** can affect how you deal with topics 1 and 4). Precision is a good thing: there may be different arguments for using the law to uphold shared social values with different strengths and weaknesses.
- SELECT ONE
1. If an action does not violate the *****harm principle,***** it should not be subject to legal sanction. (Mill, Taylor)
1) JOHN STUART MILL, "On Liberty" (1859)
2) CHARLES TAYLOR, "What's Wrong with Negative Liberty" (1985)
2. Besides promoting social order and protecting the individual, good law ought to protect the society for which it is drafted by enforcing the values that unify the society. (Devlin, Dworkin)
1) PARTICK DEVLIN, "Morals and the Criminal Law" (1965)
2) RONALD DWORKIN, "Liberty and Moralism" (1977)
3. Courts should refrain from imposing social values in their interpretation of the law, since doing so can have dangerous consequences. (Devllin, Dworkin)
1) PARTICK DEVLIN, "Morals and the Criminal Law" (1965)
2) RONALD DWORKIN, "Liberty and Moralism" (1977)
4. It is morally acceptable for the law to require people to do things for their own self-development. (Berlin, Taylor).
1) ISAIAH BERLIN, "Two Concepts of Liberty" (1969)
2) CHARLES TAYLOR, "What's Wrong with Negative Liberty" (1985)
- Note that these are discussion questions.
- It is neither necessary nor desirable for you to simply summarize the central points of one reading or other.
- Neither is it necessary that you do outside research for these topics.
- You should consider an argument given in one of the readings, bearing in mind considerations for or against the conclusion that you may find in other relevant readings.
*****
How to Reference "Ethics and the Law" Term Paper in a Bibliography
“Ethics and the Law.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/ethics-law/6538892. Accessed 3 Jul 2024.
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