Is the “domestic violence exception” valid?
As human beings, we are endowed with inalienable rights to life, liberty and the pursuit of happiness. However, while this statement is pleasing to the ear, when applied to real-life situations, it becomes unclear as to what actions are allowed to be taken in order to preserve such ‘inalienable rights’. This problem stems from the assumption that all rights are universal. Yet, there is the need for specific rights which vary among different nations because people, culture and societal norms are not universal. Edmund Burke defines rights as “an entailed inheritance derived to us from our forefathers and to be transmitted to our posterity--...belonging to the people of this kingdom without any reference …show more content…
Prosecutors in South Carolina clarified that “even if the victim were in reasonable fear for their life” and killed their intruder, they would not be protected because that was not the Legislator’s intent behind the Stand Your Ground Laws. Yet the entire purpose of the Stand Your Ground Laws are to encourage victims to guard themselves without having to fear the repercussions of doing so. The pain and fear that comes with an attack does not have any consideration for the relationship between the victim and the abuser and the harm still felt on the physical and emotional level of its victims. Therefore, the law should not make having “personal relationships” with the abuser be a limiting factor in the situation either. In the moral scheme of rights, Adam Smith offers two kinds of normative guides to action, one of them being moral rules. Smith explains that these rules are based off the mass’ reaction to specific instances such as murder, rape, abuse, etc. These reactions provide a framework of shared expectations for society and become essential to justice (156-166). Seeing as how abuse is frowned upon in society and attackers are viewed with disdain, it is clear that one’s moral right is such an instance would be protect themselves, knowing that the government and its people support this action. The “domestic violence exception” illustrates a violation of rights both legally and
As human beings, we are endowed with inalienable rights to life, liberty and the pursuit of happiness. However, while this statement is pleasing to the ear, when applied to real-life situations, it becomes unclear as to what actions are allowed to be taken in order to preserve such ‘inalienable rights’. This problem stems from the assumption that all rights are universal. Yet, there is the need for specific rights which vary among different nations because people, culture and societal norms are not universal. Edmund Burke defines rights as “an entailed inheritance derived to us from our forefathers and to be transmitted to our posterity--...belonging to the people of this kingdom without any reference …show more content…
Prosecutors in South Carolina clarified that “even if the victim were in reasonable fear for their life” and killed their intruder, they would not be protected because that was not the Legislator’s intent behind the Stand Your Ground Laws. Yet the entire purpose of the Stand Your Ground Laws are to encourage victims to guard themselves without having to fear the repercussions of doing so. The pain and fear that comes with an attack does not have any consideration for the relationship between the victim and the abuser and the harm still felt on the physical and emotional level of its victims. Therefore, the law should not make having “personal relationships” with the abuser be a limiting factor in the situation either. In the moral scheme of rights, Adam Smith offers two kinds of normative guides to action, one of them being moral rules. Smith explains that these rules are based off the mass’ reaction to specific instances such as murder, rape, abuse, etc. These reactions provide a framework of shared expectations for society and become essential to justice (156-166). Seeing as how abuse is frowned upon in society and attackers are viewed with disdain, it is clear that one’s moral right is such an instance would be protect themselves, knowing that the government and its people support this action. The “domestic violence exception” illustrates a violation of rights both legally and