權(quán)利英美法討論ppt課件-在線瀏覽
2025-06-17 23:18本頁(yè)面
【正文】 sses of entities (. future generations, animals, the environment, and fetuses) are capable of having rights. 第九章第九章 懲罰懲罰? In contrast to conceptual questions are policy questions: to what extent should this legal system—or all legal systems—protect a certain category of people, activities, place or things?第九章第九章 懲罰懲罰? It is easy when reading articles about rights to confuse the conceptual issues and arguments with the issues and arguments about policy matters.第九章第九章 懲罰懲罰? A mon confusion of this type occurs in discussions about abortion, as when someone responds to an argument in favor of legalizing abortion by saying “fetuses have rights”.? This mixes two levels of discussion, two different types 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) 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
教學(xué)課件相關(guān)推薦
鄂ICP備17016276號(hào)-1