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20 Cards in this Set
- Front
- Back
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Kant's Duty Theory |
the morally important thing is not consequences but the way choosers think when they make choices. Kant says that only one [kind of] thing is inherently good, and that is the good will. |
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Hart's Positivism |
The is to be interpreted as it is written not as we would like it to be. |
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Fuller's Natural Law |
The law is to be interpreted with morality and should be judged as such (think Riggs V Palmer) |
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Thomas Aquinas Human Law |
as laws, devised by human reason adapted to particular geographical, historical and social circumstances |
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Oregon "Right to Die" requirements |
have to be an adult: 1. Two verbal requests two weeks apart 2. one written request with two witnesses 3. termnally ill 4. Mental health exam by two different doctors 5. Must administer the meds yourself.
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Four purposes of punishment |
1.Deterence 2.Restoration 3.Rehabiliation 4. Proportional Punishment |
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Washington V Lucksberg (SC 9-0)"Right to Die Findings" |
District court for Washington, appeals for Lucksberg, Supreme court (9-0) rules they do not have the right to assistance in suicide and they are not willing to call it a fundamental right. |
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Why did the supreme court find against Lucksberg? |
1. preservation of human life 2. Protect the integrity of ethics 3. protect the poor, elderly, disabled 4. Slippery slope |
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What is Autonomy? |
independence or freedom, as of the will or one'sactions: |
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What are the Cruzan V MO Health dept facts? |
Nancy was in a car accident and left in a vegetative state that multiple doctors said she would never recover from it but because there was no "clear and convincing evidence" that she would have wanted to be allowed to die the court ruled against them. |
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Facts of the Billy Budd case? |
Billy Budd was a sailor with a stutter accused (falsely) of mutiny by a ships Sergeant at Arms. During the meeting between the captain and SA and Budd, Budd struck the SA lightly killing him due to a preexisting issues. Budd was charged with murder of a superior officer but found innocent of mutiny and was ordered to walk the plank. Captain was worried how it would "look" |
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What is torture? |
Inhumane and immoral treatment that violates human dignity |
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Is there a fundamental American right against torture? |
Yes, the 8th amendment protects against cruel and unusual punishment but what constitutes torture? |
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What are the two issues of the Israeli torture case? |
1. Where is the legal authority to do interrogations (found in basic law) 2. What are the physical or psychological tactics used by the GSS to get info? |
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What are the five types of methods used by the Israeli GSS? |
1. Shaking 2. Waiting in the Shaubach position. 3. Frog crouch 4. Extremely tight handcuffs 5. Sleep deprivation |
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What are the findings in the Israeli case? |
The GSS defense of necessity does not hold water (although it can be used as the individual interrogator if there is evidence) and the state does not have the right to physical interrogate only verbally. |
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How does the Billy Budd's decision and Kant's view on duty mesh? |
Kant's view on Budd would have said your duty is to make the right decision for the right reason. And while releasing Billy would have raised questions it would have been the right. Billy would have defended himself verbally if not for the stutter. |
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What is the categorical imperative? |
Act only on those maxims (or rules of action) that you could at the same time will to be a universal law. |
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What is the method of Casuistry? |
1. Principles - focal points including Beneficent(lawyers want to do good for client and Autonomy(clients right of free will and independence) 2. Maxims or "paradigm cases", any case decided on this issue. 3. Look for the moral factor in the paradigm case 4. Then see how the factor deals with our FACTS 5. Moral Triangulation of how the paradigm case associates with our Beneficient and Autonomy 6. Conclusion |
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What is Casuistry? |
A case based, particularized, context-driven, method of normative decision making. |
