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Natural law. Natural law[1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
The philosophical arguments in the abortion debate are deontological or rights -based. The view that all or almost all abortion should be illegal generally rests on the claims that (1) the existence and moral right to life of human beings (human organisms) begins at or near conception- fertilization; that (2) induced abortion is the deliberate ...
ISBN. 0199599149. Natural Law and Natural Rights (1980; second edition 2011) is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored ...
A, B and C v Ireland is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8.The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies ...
The abortion debate is a longstanding and contentious discourse that touches on the moral, legal, medical, and religious aspects of induced abortion. [1] In English-speaking countries, the debate most visibly polarizes around adherents of the self-described "pro-choice" and "pro-life" movements. Pro-choice supporters uphold that individuals ...
The law banned intact dilation and extraction, which opponents of abortion rights referred to as "partial-birth abortion", and stipulated that anyone breaking the law would get a prison sentence up to 2.5 years. The United States Supreme Court upheld the 2003 ban by a narrow majority of 5–4, marking the first time the Court has allowed a ban ...
Attorney General indicated that notwithstanding the explicit positive law constitutional ban on abortion, even if Article 40.3.3° were not there, the natural law enshrined in the Constitution would prohibit the Oireachtas from legalising abortion. The Supreme Court had to decide which was superior, positive law or natural law.
A Defense of Abortion is a moral philosophy essay by Judith Jarvis Thomson first published in Philosophy & Public Affairs in 1971. Granting for the sake of argument that the fetus has a right to life, Thomson uses thought experiments to argue that the right to life does not include, entail, or imply the right to use someone else's body to survive and that induced abortion is therefore morally ...