Prima facie

The topic of my paper is on immigration, more specifically the right to immigrate. In his paper, Michael Huemer presents the following argument; 1. Individuals have a prima facie right to immigrate (that is, a right not to be prevented from immigrating). This is because: a. Individuals have a prima facie right to be free from harmful coercion. b. Immigration restrictions are harmful and coercive. 2. The prima facie right to immigrate is not overridden. In particular: a. It is not overridden because of immigrants’ effects on the labor market. b. It is not overridden because of the fiscal burden of providing social services to immigrants. c. It is not overridden because of the state’s special obligations to its citizens in general, nor its special obligations to its poorest citizens. d. It is not overridden because of the threat immigrants pose to the nation’s culture. 3. Therefore, immigration restrictions are wrongful…

discrimination. In order for plaintiff to establish a prima facie case in the Galdamez v. DHL Air Express, the plaintiff was in the protected category and alleged gender discrimination because she hurt her knee while working and asked for light-duty. Plaintiff was denied light-duty pursuant to Title VII. The trial court granted employers Summary Judgment because plaintiff did not establish a prima facie case The key word was “comparator”. Plaintiff argued that two male employees who had received…

Prima Facie Theory Parents’ duties to their children may conflict with their professional duties. Many parents have a conflict between their duties as a parent and their duties as a professional worker. Many parents have to choose between work or taking care of their child’s well being. Parents that work in certain days to take care of their child’s health. Sometimes some promises have to be broken for something unexpected or even more serious situation, that is when a child gets sick and…

This causes Microsoft to either choose between infinitely violating their clients fourth amendment right, or to violate the law and share this information with their customers. The logical choice in this circumstance is to uphold the prima facie of doing no harm and tell their customers, but by doing so they would be breaking the law and bringing harm upon themselves and their shareholders. Microsoft seems to have no issue with fulfilling the data requests, their qualm stems from the secrecy…

A whistle-blower is an employee who reveals information that “calls attention to negligence, abuse or dangers that threaten the public interest” (Bok in Tavani 2012). Bok believes that whistle blowing is a form of dissent (to the employer) and should always be used as a last resort. Many ethicists believe that employees have a prima facie obligation of loyalty to the employer, although sceptics will argue that in modern times this is no longer a valid belief (Tavani, 2012). Employers could find…

Joan’s Theory Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan. Issue: Did Dr. Witt treat Joan with a professional standard of care? Rule: “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009). Analysis: In order to establish a prima facie case against Dr. Witt, Joan will need…

In addition, this theory resonated with me because of its lack of structure, which is often a cited as a weakness. Ross’s prima facie duties are not absolute; therefore, contradictions are not relevant and duties are not always morally decisive. There are situations in which it is acceptable to leave some prima facie unfulfilled at the cost of others. For example, Bob has two friends: Sally and Tom. Bob and Sally have been friends since childhood and Tom joined the group in high school. Tom…

wrong about abortion. Abortion is immoral and it takes the life of an innocent child without a choice. This theory does not uphold the right of life and therefore it cannot be used to support the choices made tin connection to abortion. Another important theory that tackles the issue of abortion is the prima facie theory by Sir W. David Ross. This theory recognizes that people are faced by daily moral choices and some duties are weighed against one another or carried out using…

away the physical, emotional, and psychological pain that accompanied the terminal cancer. Tracie was very much a Utilitarian. He always wanted what was best for family and friends, though it was his body that was suffering the most. He didn’t want us to endure the harsh decisions that would have to be made later, the costs of treatments that were unsuccessful, and for himself that nonstop pain. He was aware of the consequences of his decision, but felt that in asking for a mercy death the…

Ross explains that each prima facie is equal to each other, there is no hierarchy between each prima facies. The first prima facie is the duty of fidelity. This prima facie indicates we have a duty to do what we promise. In other words, to follow all the promises we made. For example; if you promises your friend to have lunch this Friday with him, then you have a duty to see him on Friday. The second prima facie is the duty of gratitude. We have a duty to return favors and/or to express…