權(quán)利英美法討論ppt課件(編輯修改稿)
2025-05-27 23:18 本頁面
【文章內(nèi)容簡介】 of questions. 第九章第九章 懲罰懲罰? It is patible to say both: (1) (as a conceptual matter) I do not think it makes sense to speak of fetuses as having rights。 and (2) (as a matter of policy or morality) I believe that abortion is wrong and immoral because it involves severely harming fetuses, which should not be allowed except in the most extreme circumstances. 第九章第九章 懲罰懲罰? Of course, deciding that a certain type of entity (. a fetus) can have (moral or legal) tights is different from saying that fetuses do have such rights. ? Finally, there can be circumstances where an entity has rights, but it is nor protected because other parties have stronger countervailing rights.第九章第九章 懲罰懲罰? Thus, it is patible to believe both: (1) fetuses are capable of having rights。 and (2) abortion should be allowed in most circumstances (because fetuses in fact do not have rights relevant to this situation, or whatever rights they have are overridden by the conflicting rights of the mother). 第九章第九章 懲罰懲罰? To put the matter another way, from the statement “Y is capable of having rights”, it does not follow that Y has any rights and it does not follow that whatever rights Y has will trump the conflicting legal interests in the matter under consideration.第九章第九章 懲罰懲罰? The confusion in this area is encouraged by the use of rights rhetoric in political discourse (more prevalent in the United States than in most other countries). 第九章第九章 懲罰懲罰? When people want to say that making sure that no one go homeless is a worthy and important government objective, they often use the shorthand” human beings have a right to shelter” and when people want to express their belief that abortion should be prohibited, they sometimes choose the shorthand,” unborn babies have rights
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