Wednesday, February 26, 2020

Abortion Essay Example | Topics and Well Written Essays - 1500 words - 2

Abortion - Essay Example In the United States of America much of the legislation relating to Abortion has been set by judicial activism i.e. in the form of court rulings. While the effort of the congress to resolve the conflict on a legal foundation is welcome, it would be prudent to question if they alone can settle so cavernous and sensitive an issue. To see how wide ranging the conflict is, simply consider the fact that the Pro-Life and Pro-Choice activists prefer different terminology in their arguments. Thus, ‘Pro-Choice’ is interpreted to mean ‘Anti- Life’ and Pro-lifers consider the terms ‘fetus’ and ‘embryo’ dehumanizing; while in the opposing camp, referring to the fetus as an ‘unborn child’ is thought to be too emotional (Wikipedia). The laws relating to abortion in this nation is derived from the Supreme Court ruling on the famous Roe Vs Wade trial. That this ruling is not accepted by all is established by the fact that there are many US states that have passed various ‘Trigger Laws’ which would come into action if and when the Roe Vs Wade ruling is overturned (Reuters). Feminists today regard anti abortionist campaign as a direct infringement on their reproductive freedom (Willis). If the human fetus is declared as a human being from the moment of conception, then it implies that all abortions irrespective of the context would amount to murder and hence would be illegal in the eyes of the law. This is a very strong moral argument and is the starting point for all debates on abortion and has attained the centre stage in most forums (Willis). Various methods of logical deduction have been used to reach from here to the final step. Thomson has conjectured a number of situations and in each has considered the ethical question of whether the life of a fetus is more important than the life of its mother. In each case that he has hypothesized, he has

Monday, February 10, 2020

The Law of the Sea applied to the Mar case Research Paper - 1

The Law of the Sea applied to the Mar case - Research Paper Example rgument that the vessels were in their territorial waters when the incident occurred, Italy on the other hand argues the vessels were in the high seas. There is therefore a deadlock on how international law should be applied in this case. It is worth noting the fact that the two countries are parties to the United Nations Convention to the Law of the Sea (UNCLOS). This law is found to codify much on modern international law that is presumed to cover most of the aspects that create a dispute between the two countries. This convention is therefore of use when determining the aspects like that of which country should have jurisdiction over this case. For example, article 111 of the convention gives a mention of all the conditions under which it is prudent for a given country to stop a vessel from another country while on the high seas (Chaturvedi). According to this jurisdiction, India may be found to possess jurisdiction over the case but the argument is that the two marines enjoy what is called functional immunity. There is therefore a likelihood of a conflict between Marà ² Case and the convention. The facts Of the case are that on the specified date the ship carrying the Italians and was on its way to Djibouti from Singapore was approached by a vessel off the coast of Kerala India. This ship was flying an Italian flag and had in it six Italian marines and according to the Italian government, these men wearing the Italian uniform are mandated with the task of protecting vessels with the Italian flag from any form of Pirate attacks while at sea. With this spirit, it is noted that the Italian vessels demanded for identification of the vessels, which was approaching them (Anand p.g. 250). In addition, they demanded that it leaves its path. The Italians further argument is that they fired at the approaching vessels as an intimidation tactic and they claim to have made the shots in water. This means that the shots were not directed to anyone specific and that no one