ControversialLaws of Human Behavior
ControversialLaws of Human Behavior
Thereare laws that are controversial in nature as they either legalize orprohibit some behavior. Most of the laws are guided by the spirit ofthe constitutions or provisions of laws. The common good is notalways attained. When one fail to address, the common good, mostlikely social justice is not achieved. On the other hand, there aresome instances that social justice is only achieved by considering aprivate or personal good. There are some cases of laws that somenations or religion allows some behavior on the basis of socialjustice, but some disallow the same behavior on the foundation oflegal justice.
Theact of abortion is permitted to ensure social justice but in mostcountries, abortion is restricted as it is illegal. Therefore, thereis a controversy between the nations that allows abortion as theyclaim that abortion should be done on an individual’s decision.Legalization of abortion is strongly opposed by religious leaders asthey consider it murder as George claims in the theory of Limit ofLaw (Yeager, 1993). Abortion should neither be illegal nor legalized,but it should be restricted. When we restrict abortion, it will onlybe allowed in situations that it is deemed necessary to save the lifeof the mother of the unborn child. When abortion is used to protect amother, she may have a second chance to give birth in a nextpregnancy. Therefore, it is not right as George argue that abortionis murder. Abortion is only murder when not restricted, and everyoneis given a choice to commit it to their choice whenever they feel.
Thereare also some countries that allow homosexual relationships as theyargue that each has a constitutional right to association.Association that a person forms should be their personal choice. Mostcountries strongly oppose the idea of homosexual marriage there findit difficult to accept the idea of allowing such relationships intheir countries. Mill puts it that an activity that is immoral iswrong (Yeager, 1993). Most communities have their morals that theyexpect their members to follow. In case a person comes from acommunity that disallows homosexual, it will be immoral for theirmembers to engage in gay marriage. However, in case one is from acommunity that allows homosexuality, they have a choice to make onthe kind of marriage that they want.
Inthe field of medicine, assisted suicide may be used to relieve apatient from a prolonged pain in case the doctors confirm that thereare no chances for the patient to heal. Assisted suicide afterseeking the consent of both the patient and their caregivers isnecessary (Hurst & Mauron, 2003). The doctors may not request theconsent of the patient when the patient is incapacitated by theillness. Assisted suicide will help a patient die faster than stayingfor a longer time in pain with no hope of healing. The controversycomes in determining the ideal cases that call for an assistedsuicide and that which is not necessary. When an individual seeks amedical doctor`s assistance, and next of kin are against the idea, itwill be difficult to grant them their wish. As Mills state that apersonal justice given to an individual that would cause harm tosignificant others is not justice (Yeager, 1993). Assisted suicide isa time challenging as the invention of a cure for a disease thatmedics may consider as not curable could be available shortly aftertheir death.
Anotherissue that is controversial in nature the use of illicit drugs suchas marijuana or cocaine. In some nations, there is the legalizationof the use of marijuana, and the member citizens are free to smokemarijuana publicly. In most countries like the West, illegalize theuse of marijuana. Conflicts do come in when those citizens fromcountries that legalize marijuana to nations that prohibits marijuanaas they are arrested whenever found guilty of using marijuana.However, in the states that allow the use of marijuana would punishactions people commit after the consumption that may cause harm toother persons around the actors. Feinberg also argues that it will bea good reason in support of legal laws that would be useful inpreventing harm to the general public other than the actor (Feinberg,1989). When people use marijuana in a responsible manner withoutdamaging those people around them, they can be allowed to smoke inprivate places.
Amongsome cultures, such as Islam, sex before marriage is a seriousoffence that is against their values and norms. On the other, Africancultures allows sex before marriage when they seek the consent of thecouples’ parent. A conflict of interest may come in when therelationship comprises of one party that is African and another onewho is Islam. Sex before marriage between adults should not beconsidered as an offence when it is on a mutual agreement. However,sex with a minor is an offence and be punishable by the law of anynation. Even though, sex before marriage should be in a responsiblemanner to avoid incidences of STIs and unplanned pregnancies.
Feinberg,J. (1989). Offense to Others: The Moral Limits of the Criminal Law.
Hurst,S. A., & Mauron, A. (2003). Assisted suicide and euthanasia inSwitzerland: allowing a role for non-physicians. BMJ: British MedicalJournal, 326(7383), 271.
Yeager,P. C. (1993). The limits of law: the public regulation of privatepollution. Cambridge University Press.