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nomic policy economy general international europe philosophy political | Neo-functionalism believes in building a community Europe, but then the question is raised, what is the purpose of this new entity? There is no common outlook and getting the major powers of Europe to agree what this should be will be near impossible. Intergovernmentalists would also argue that economic determinism reg... |
nomic policy economy general international europe philosophy political | Neo-functionalism proposes a purpose to EU integration. Neo-functionalism proposed building a community Europe, through the concept of spillover the theory proposes economic determinism. Spill-over will eventually lead to a completely integrated Europe with a strong central government. This has not yet been proved tru... |
nomic policy economy general international europe philosophy political | Intergovernmentalism assumes states to be the core actors, this is difficult to deny as most economic boundaries and policies are administered by the nation state. It believes that the logic of diversity will prevail in areas of high politics (e.g. security), however it does accept the logic of integration in low polit... |
nomic policy economy general international europe philosophy political | Supranational Entrepreneurs played a crucial role in integration The role of supranational entrepreneurs within the development of integration within Europe has been crucial. Characters such as Jean Monnet envisaged and worked continuously towards uniting Europe. As the head of France's General Planning Commission, Mo... |
nomic policy economy general international europe philosophy political | Neo-functionalism explains the cause of integration Spill-over is the following concept – in order to enjoy the full benefits of integration of the first sector you need to integrate the related sectors. An example of this is the ECSC (European Coal and Steel Community) evolving into other energy sectors and forming E... |
nomic policy economy general international europe philosophy political | The counter theory to spill-over is the logic of diversity. Neo-functionalism is flawed as it assumes that integration in low politics (economic) will lead to integration in areas of high politics. This is not possible as issues of high politics are integral to the national interest; so integration will only be possibl... |
nomic policy economy general international europe philosophy political | The role of elites acting in their national interest better explains the logic behind integration. Key players such as Charles De Gaulle and his untiring opposition to British membership and Qualified Majority Voting (QMV) in the Council of Ministers and his success in gaining what he set out to achieve through the Lux... |
nomic policy economy general international europe philosophy political | Neo-functionalism is too simple, it does not account for external forces well, as some states have better defined their international position more towards US hegemony than towards each other. “Whereas in economic issues (soft power) the EU has been able to respond to the US in trade disputes, in political and security... |
nomic policy economy general international europe philosophy political | Neo-functionalism - liberal theory of regional integration Neo-functionalism is an example of a liberal theory of regional integration. Its focus is on human welfare needs, not political conflict and law. Its focus is on individuals aggregated into interest groups as the main actors in integration, so the focus is on ... |
nomic policy economy general international europe philosophy political | Neo-functionalism provides a good starting point for EU analysis. Neo-functionalism is an accessible theory which provides a good starting point for analysis. As a theory it has the advantages of being able to predict the outcome of integration and clearly explains which actors must be studied in order to explain inte... |
nomic policy economy general international europe philosophy political | The Empty Chair Crisis of 1965 may lead some to presume that National governments are all powerful, but it may have just been a ‘speed-bump’ on the road of spillover. Ben Rosamond (2005) [1] did a reassessment of Haas and concluded that he never abandoned Neofunctionalism; he just changed it and accepted more the view ... |
nomic policy economy general international europe philosophy political | Ernst B. Haas was the founder of Neo-functionalism in 1951, Jeppe Tranholm-Mikkelsen identified the 3 types of spill-over within the theory. However neither author placed a time limit on how long the integration process would take. The revival of European integration in 1985 shows it may be many years between instances... |
nomic policy economy general international europe philosophy political | The Founder of Neo-functionalism abandoned his own Theory (Haas). The Founder of Neo-functionalist theory Ernst B. Haas later abandoned his own theory; According to Tranholm-Mikkelsen (1991)- “By the mid-1970 s, Ernst Haas had effectively abandoned the neo-functionalist theory by assimilating it within general interde... |
nomic policy economy general international europe philosophy political | The international system is characterised by anarchy and the distribution of economic and military capabilities Stanley Hoffman used a Neo-Realist view of International relations to build the theory of intergovernmentalism. In a neo-realist understanding the international system is characterised by anarchy and the dis... |
nomic policy economy general international europe philosophy political | The Empty Chair Crisis 1965 In 1965 during the Empty Chair Crisis brought integration came to a halt and shifted the institutional balance of power away from the commission to the Council of Ministers, it shows that spillover will not always occur. [1] It was caused by President de Gaulle of France being in conflict w... |
nomic policy economy general international europe philosophy political | The assumption of the automaticity of Spill-over is wrong. The core of Neo-functionalism that spill-over being the main driving force behind continuing integration assumed the automaticity of integration. Once integration has started it will be a self-continuing force that will eventually integrate the whole of Europe... |
nomic policy economy general international europe philosophy political | Neo-functionalism has a liberal view of the international system; whereby agreements can be easily reached. Actually the European Union has proven the exact opposite of the statement – “Nations prefer the certainty, or the self-controlled uncertainty, of national self-reliance, to the uncontrolled uncertainty of the u... |
nomic policy economy general international europe philosophy political | Intergovernmentalism too has proved 'out of date'. It fails to pay enough attention to supranational institutions; its focus is too exclusively on big treaty negotiations and fails to understand to increasing importance of economic issues. Intergovernmentalism as a theory collapses in the view of actual integration tak... |
eral philosophy political philosophy house would limit right trial jury some | There are procedural ways of mitigating this concern that are less severe than eliminating the jury altogether. Possible ways of dealing with jury intimidation/tampering include 1) having retrials in cases where jury tampering occurred, 2) attempting to increase the degree of juror anonymity, for example by seating jur... |
eral philosophy political philosophy house would limit right trial jury some | It may be necessary to limit trial by jury in cases where there is a real danger of jury tampering or intimidation. It is very difficult to carry out trial by jury if people involved in the case continuously attempt to tamper with the jury, or unduly influence its decision. For example, the UK home office has stated t... |
eral philosophy political philosophy house would limit right trial jury some | Not only is trial by jury a very important check on the justice system, but evidence also suggests that juries are fair and effective. First of all, as explained in the Opparguments, trial by jury is an extremely important check in the criminal justice system. Eliminating it would be a grave threat to justice. But seco... |
eral philosophy political philosophy house would limit right trial jury some | It may be necessary to limit trial by jury in cases where it is impossible to recruit an impartial jury. Especially in cases of nationalist conflict or terrorist attacks, it may be extremely difficult to have a non-biased jury. In Northern Island, for example, jurors may sympathize with violent offenders and acquit th... |
eral philosophy political philosophy house would limit right trial jury some | It may be necessary to limit trial by jury in terrorism cases, or other cases surrounding large national security issues. There are three reasons why this is the case. First, terrorist groups may threaten jury members (see Argument 2 for more detail). Second, terrorism may politicize the jury (see Argument 3 for more ... |
eral philosophy political philosophy house would limit right trial jury some | First, eliminating trial by jury may make other countries less willing to cooperate with us, reducing the amount of information we have about international terrorism. For example, the United States’ decision to eliminate juries from terrorism trials resulted in other countries being more reluctant to cooperate (e.g. Ge... |
eral philosophy political philosophy house would limit right trial jury some | First, there are checks in place to help prevent biased decisions and second, the less objective nature of juries is not necessarily bad. First, in most jury systems, a judge can overturn a guilty verdict if s/he believes that the jury made a faulty decision1. Judges can also order retrials in cases of guilty verdicts,... |
eral philosophy political philosophy house would limit right trial jury some | Trial by jury is too important to sacrifice it for the sake of efficiency. As explained in the Opposition case, trial by jury is one of the cornerstones of just democratic courts. There are other ways to free up resources: perhaps if we put fewer people in prison we could spend more time and money ensuring that the rig... |
eral philosophy political philosophy house would limit right trial jury some | Judges are better at delivering justice than juries are. Juries are not technically trained in evaluating evidence.1 Additionally, judges are trained to recognize and suppress their own prejudices, evaluate information given to them, recognize prosecutorial strategy etc., better allowing them to make objective decisio... |
eral philosophy political philosophy house would limit right trial jury some | Having trial by jury for people accused of very small offences is a waste of resources. Juries are very expensive and time consuming, and courts may not be capable of using them for all trials. Indeed, in both the UK and the United States, minor or petty offences can be tried without jury (such offenses are defined di... |
eral philosophy political philosophy house would limit right trial jury some | First, juries are not necessarily fairer or more just than judges, and second, even if trial by jury is an important right, that does not make it an unlimited one. First, there are reasons to believe that juries are less suited than judges to make criminal convictions. See Prop Argument 5 for more detail. But second, e... |
eral philosophy political philosophy house would limit right trial jury some | Trial by jury is not necessary to uphold principles of justice. As stated in response to Opp Argument 1, there are plenty of other checks in favour of the defence. We do not agree that removing trial by jury erodes at this principle: trial by jury may be important, but a judge can still presume innocence, treat evidenc... |
eral philosophy political philosophy house would limit right trial jury some | Through jury nullification, juries make the law more accountable to the people. Although juries are not technically supposed to nullify the law, or choose to acquit even if the evidence suggests that the defendant is guilty, they sometimes do. This usually happens when the jury believes the law is unjust: for example ... |
eral philosophy political philosophy house would limit right trial jury some | Limiting trial by jury in some cases sets the stage for limiting it in other, unjustified, cases. Humans are fallible, and so sometimes it is better to have absolute rules against certain actions, even if we recognize that in a perfect world, it might be better to allow such actions in very specific circumstances.1 It... |
eral philosophy political philosophy house would limit right trial jury some | Trial by jury is a fundamental right and should never be abridged. Trial by jury is an essential check on abuse in the court system for three main reasons. First, it prevents governmental oppression by ensuring that non-state actors determine guilt 1. It is dangerous to allow the government—the same body which makes a... |
eral philosophy political philosophy house would limit right trial jury some | Protections offered in a court must be absolute in order for the court to be just. A just adversarial court system is premised on absolutes: that the defence has certain absolute rights which check it against government corruption, and which ensure fair trials even at the expense of conviction. Indeed, it is for this ... |
eral philosophy political philosophy house would limit right trial jury some | If the situations in which trial by jury can be limited are clearly delineated, governments cannot justify limiting it in unjustified circumstances. Saying that the government can sometimes limit trial by jury is not equivalent to giving it a pass to do so whenever it chooses. Obviously there would need to be clear cri... |
eral philosophy political philosophy house would limit right trial jury some | Jury nullification is a bad thing, and just another reason why trial by jury is not always the best way to deliver justice. When juries nullify, they bypass the electoral process, invalidating laws that society has already approved by democratic elections. This is unjust, because it means that a small, random group of ... |
political philosophy politics terrorism house believes terrorism can be | Terrorism, in the long term, has far less chances of success than other, peaceful means. It antagonises and angers the community that it targets. It polarises opinion and makes it more difficult for moderates on both sides to prevail and compromise. A lasting and peaceful settlement can only be won with the freely give... |
political philosophy politics terrorism house believes terrorism can be | Terrorism can lead to discussion In some cases, terrorism can result in the acknowledgement of certain groups. Therefore, terrorism is justified by its success in achieving results when peaceful means have failed. In many countries terrorists have succeeded in bringing governments to negotiate with them and make conce... |
political philosophy politics terrorism house believes terrorism can be | Not all attention that follows terrorism is positive. After the 9/11 attacks, aid workers in Afghanistan were forced to cut off food supplies in the country, even though 7 to 8 million civilians were dependent on them. [1] The kind of terrorist attacks that attract the most attention are the violent ones, and they are ... |
political philosophy politics terrorism house believes terrorism can be | Consequentialism Actions can only be justified by their outcomes, and if the outcome of an act of terror is an overall increase of justice, freedom and welfare, this action is therefore legitimate. Many people around the world suffer on a daily basis from poverty, injustices and violence. Generally, these people did n... |
political philosophy politics terrorism house believes terrorism can be | Legitimacy In extreme cases, in which peaceful and democratic methods have been exhausted, it is legitimate and justified to resort to terror. In cases of repression and suffering, with an implacably oppressive state and no obvious possibility of international relief, it is sometimes necessary to resort to violence to... |
political philosophy politics terrorism house believes terrorism can be | Terrorism is never justified. Peaceful and democratic means must always be used. If this cannot happen inside the state, there are international courts such as the International Criminal Court in the The Hague, which handle cases such as war crimes and oppression. Even when democratic rights are denied, non-violent pro... |
political philosophy politics terrorism house believes terrorism can be | The end does not justify the means. Even in cases of oppression, it is better to persecute your interest through non-violent and legal means. There may be cases where only an act of terror will lead to a direct improvement of overall utility, but these cases are very rare. Often terrorist attacks are performed by extre... |
political philosophy politics terrorism house believes terrorism can be | States who ignore the Geneva Conventions, for example by mistreating prisoners or deliberately attacking civilian targets, are guilty of terrorism and this cannot be justified. Nor are the Conventions only applicable to warfare between sovereign states - their principles can be clearly applied in other kinds of conflic... |
political philosophy politics terrorism house believes terrorism can be | Terrorism can bring attention Terrorism can raise the profile of a neglected cause. The hi-jackings of the 1970s and 1980s brought publicity to the Palestinian cause, helping to bring it to the attention of the world. [1] States can use their wealth and media to put across their side of the story; their opponents do n... |
political philosophy politics terrorism house believes terrorism can be | Terrorism is relative The definition of terrorism depends very much upon your point of view - the proposition does not need to defend every atrocity against innocent civilians to argue that terrorism is sometimes justified. A broad definition would say terrorism was the use of violence for political ends by any group ... |
political philosophy politics terrorism house believes terrorism can be | In extreme cases, communities already live in very poor conditions, and terrorism can bring attention to their cause and provide an escape of their situation. By bringing attention to the poor conditions people are living in, and the oppression a community is suffering, you provide an opportunity for improvement. It ca... |
political philosophy politics terrorism house believes terrorism can be | In extreme cases, it is justified to harm others. It can be argued that the population of a nation is complicit in the crimes that their government commits, because they support the regime by paying tax. Osama bin Laden's 'Letter to America' justifies attacking civilians by stating that they are a complicit part in the... |
political philosophy politics terrorism house believes terrorism can be | Terrorism creates a negative abusable portrayal Acts of terror will not lead to a deeper mutual understanding, but to alienation from the international community. People see acts of violence as a threat, and especially in the context of international terrorists attacks, the fear of escalation prevails. Even more, acts... |
political philosophy politics terrorism house believes terrorism can be | Corrupt states States or institutions created in concession to terror are often corrupt, dominated by men of violence with links to organised crime. Nothing is achieved to improve the lives of the people in whose name terror has been used. Terrorist organisations have often a military and violent character. The sort o... |
political philosophy politics terrorism house believes terrorism can be | Exacerbation of poor conditions Terrorism creates a perpetual situation of poverty and anxiety within the community. Terrorism creates an unsafe situation for the local community, which has several consequences: firstly, people are less able to continue their daily actions, such as going to work or school of they are ... |
political philosophy politics terrorism house believes terrorism can be | Harm to others is never legitimate Even in cases of suppression and deprivation of human rights, it is not justified to harm others outside the law. Considering acts of terror, there are three possible targets: civilians, political, military or other powerful authorities and their representatives, and structures such ... |
political philosophy politics terrorism house believes terrorism can be | States or institutions created in concession to terror can work, if the process of creation is handled with care and is done with the interests of the whole population at heart. It is true that some terrorist organisations have no political experience, but some have, and these organisations should have a say in the pol... |
political philosophy politics terrorism house believes terrorism can be | Terrorism can bring attention to certain causes and bring discussion. Images of violence will make much more of an impact than those of peaceful protest. With the modern media, the power of oppressive states to hide or twist the truth has significantly diminished, as anyone with a cellphone can tell their story. Also, ... |
ights punishment philosophy ethics life house believes capital punishment | States in the Global North already deal with other states with capital punishment in the Global North. Broader based changes to criminal justice system would be needed - if it is desirable for states to make those changes in the first place. The solution for extradition is clear - diplomatic assurances before extradit... |
ights punishment philosophy ethics life house believes capital punishment | Justice co-operation Crime does not stop at national borders. Therefore efforts to fight crime cannot, either. A country that abolishes capital punishment will be in a much better position to cooperate on justice issues internationally. Many states, particularly ones in the Global North, have policies of not extradit... |
ights punishment philosophy ethics life house believes capital punishment | It should be for a state to independently determine its criminal justice policy. At any rate, there are some developed states that maintain capital punishment; they are hardly likely to impose diplomatic penalties on other states that do the same. Capital punishment also doesn’t stop states being seen positively. Desp... |
ights punishment philosophy ethics life house believes capital punishment | Encourages a culture of respect for human rights Capital punishment is, in general seen as a significant human rights violation by the international community - not only most liberal democracies, but much of international civil society. Abolition will help lead to the development of a culture of human rights and the ... |
ights punishment philosophy ethics life house believes capital punishment | If anything, abolition could be a seen as a distraction of progress. Even in retentionist criminal justice systems, only a small number of those who go through the criminal justice system are sentenced to death or executed. Behind the smokescreen of reform, things can be hidden. While Russia abolished capital punishmen... |
ights punishment philosophy ethics life house believes capital punishment | Diplomatic relations European states in particular put a particular emphasis on capital punishment when determining human rights issues for foreign policy. The UK for example has a policy of promoting and lobbying for the abolition of capital punishment with foreign governments. [1] This will help generate goodwill f... |
ights punishment philosophy ethics life house believes capital punishment | A human rights violation, however many people it happens to, is a human rights violation. Capital punishment is the ultimate human rights violation. |
ights punishment philosophy ethics life house believes capital punishment | Those well trodden arguments lead to an anti death penalty position, not a pro death penalty one. Deterrence cannot be measured, mistakes are made too often and issues of punishment (if punishment, rather than rehabilitation or incapacitation is a legitimate goal of a justice system, which it is not) are different betw... |
ights punishment philosophy ethics life house believes capital punishment | African values Human rights are a concept that take on different conclusions and priorities when applied in different cultural contexts. Protecting the community as a whole, by removing dangerous offenders from circulation, and by a deterrence effect, capital punishment is a manifestation of a form of “African Values”... |
ights punishment philosophy ethics life house believes capital punishment | Particular need in Africa Capital punishment for particularly dangerous offenders is a practical solution for African nations with low quality prison systems, which, through either deliberate policy or basic underfunding, can have poor conditions, or poor security. In 2013, over a thousand prisoners escaped from a pri... |
ights punishment philosophy ethics life house believes capital punishment | Capital punishment is a comparatively small issue Whatever the merits, capital punishment in Africa is a small issue. Capital punishment opponents should focus on China, which uses capital punishment in a secretive manner for all variety of offences and executes far more people than the rest of the world put together.... |
ights punishment philosophy ethics life house believes capital punishment | “Benefits” of capital punishment apply universally The same arguments about capital punishment apply in Africa - deterrence value, potential cost savings, and principles of justice. [1] This could be more acute, with growing issues of international crime, such as drugs, growing in Africa [2] . Africa has had many iss... |
ights punishment philosophy ethics life house believes capital punishment | Practicality is not an excuse - capital punishment is still a human rights violation, whatever the circumstances. The Libya prison escape, of course, was an unusual case - it was during a civil war. |
ights punishment philosophy ethics life house believes capital punishment | The idea of a unified “African values” is as manifestly absurd as unified “European values”, or the “Asian values” used as an excuse by anti-democratic leaders such as Matahir Mohamed and Lee Kuan Kew, (heads of government of Malaysia and Singapore respectively in the 1980s), to reject political freedoms. Even so, cap... |
international law philosophy political philosophy politics government house believes | The wrongs of colonial powers are by now far in the past. The great majority of people living in former colonies, or indigenous peoples in countries like the US or Australia, have no experience of that time and have not been directly affected by the injustices of colonialism. Making sure that everyone in society has eq... |
international law philosophy political philosophy politics government house believes | Self-determination and independence is recognition of the fact that indigenous peoples were unfairly treated by colonial powers, and their proprietary rights abused. In some contexts, separation may not be a realistic option for minority peoples. However, that does not mean that self-determination is not meaningful fo... |
international law philosophy political philosophy politics government house believes | The principle of self-determination might seem a straightforward one but in practice it is rarely that simple.Firstly, in many countries, majority and minority groups live side-by-side, rather than in distinct territories. Upholding the right of such a minority to self-determination may not be possible without affectin... |
international law philosophy political philosophy politics government house believes | Self-determination is necessary to protect minority cultures. Many states in the modern world do not respect the rights of minorities or actively seek to dilute and subsume them into the majority culture. Others offer limited protections to minority peoples but stop short of allowing them to choose their own futures. ... |
international law philosophy political philosophy politics government house believes | Forcible assimilation, as in the Australian case cited, is clearly wrong, but that does not mean that we should abandon the goal of integrating minorities into society without forfeiting their cultural, racial or religious differences. Placing undue importance on the right to self-determination may make such situations... |
international law philosophy political philosophy politics government house believes | It is true that many modern states have somewhat artificial or arbitrary boundaries. However, this applies to some or other extent to all states everywhere in the world; indeed, the nation state as we know it is a relatively modern construct, and no nation state is completely ethnically or culturally homogenous. There ... |
international law philosophy political philosophy politics government house believes | Self-determination embodies the fundamental right of peoples to decide their own futures. Modern liberal democracy is founded on the idea that people should be free to decide their own leaders and their own futures, but not all states give their minority peoples such a right. However, this is a right guaranteed under ... |
international law philosophy political philosophy politics government house believes | Self-determination offers a way to resolve otherwise intractable disputes. Many modern nation states are the product of historical accident or hurried decolonisation processes that did not properly take account of ethnic or religious differences between peoples in the states that resulted. Examples can be seen all ove... |
international law philosophy political philosophy politics government house believes | In many cass, it is not self-determination that causes tensions, but the lack of opportunity for minorities to choose their own future. Conflicts and civil wars generally take place not because people want self-determination but because they are not allowed it. In the Yugoslav example, if the Milosevic government had r... |
international law philosophy political philosophy politics government house believes | Minorities are often economically disadvantaged and politically marginalised; formal guarantees of equal rights, even where they exist, do not necessarily translate into real opportunities for citizens. And respect for individual rights, as important as it is, does not address issues of concern to the entire community,... |
international law philosophy political philosophy politics government house believes | The rise of universal human rights makes self-determination increasingly irrelevant. Across the developed world, modern nation states are bound into a complex network of treaties and international organisations which together go a long way to guaranteeing citizens very similar rights wherever they live. These supra-na... |
international law philosophy political philosophy politics government house believes | Self-determination can destabilise nation states, sometimes with very destructive consequences. If we accept self-determination as such an important principle that it trumps all others, this will encourage people to self-identify along nationalistic, racial or religious lines, at a time in human development when we ar... |
international law philosophy political philosophy politics government house believes | What matters are individual democratic rights, not necessarily collective self-determination. Simply being a minority in a nation should not be enough to claim the right to self-determination. As long as people have democratic rights, such as the right to protest, to lobby and to vote , they enjoy the same rights and ... |
international law philosophy political philosophy politics government house believes | Many minorities live in states where international human rights law is applied inconsistently or indeed not at all. It may not make a life-changing difference to a French-speaking Belgian which side of the France – Belgium border they happen to be born, but to a Palestinian in the West Bank or a Tamil in Sri Lanka, the... |
law general philosophy life house believes suicide should be criminal offence | This is only an objection to particular cases of suicide; it cannot be made into a general case because some suicides really do only affect the individual – those in which there is no extended family or friendship group. And that an act is, on occasion, selfish is not sufficient grounds to prohibit it. Indeed, ostracis... |
law general philosophy life house believes suicide should be criminal offence | Suicide is a selfish act that causes suffering to others Suicide is an entirely selfish act that causes immense pain and suffering for those loved ones that are left behind. It is also cowardly; rather than facing your problems and being strong, you instead take the easy way out and kill yourself. It is important, the... |
law general philosophy life house believes suicide should be criminal offence | Society can perfectly well spread the message that suicide is not a valid life choice without criminalizing and punishing those that have tried and failed to perpetrate it. Moreover, we have grave doubts about the practical use of anti-suicide legislation. It is highly dubious that people who are driven to contemplate ... |
law general philosophy life house believes suicide should be criminal offence | Suicide is a waste of life Suicide is a waste of life. It is an immoral act that ignores the sacrosanct nature of human life – something that is universally considered to be the case as shown by being something nearly all religions consider to be the case. [1] Failure to criminalize such a flagrant violation of the sa... |
law general philosophy life house believes suicide should be criminal offence | The question whether or not human life is "sacred" should not intrude on the issue of suicide legislation because no clear proof is possible one way or the other. We respect human rights because we value the liberty and autonomy of individuals; we want to be able to make our own decisions and we likewise affirm the rig... |
law general philosophy life house believes suicide should be criminal offence | Suicide is different from abortion or cloning or euthanasia in the important respect that it involves only one individual and his choice about the way he lives (and by extension, when he dies). So we can deny any link to these other phenomena. In addition, we can defend suicide on the same basis as one might plausibly ... |
law general philosophy life house believes suicide should be criminal offence | Prohibiting suicide sends the message that it is not an acceptable behaviour Individual action is shaped by what norms and standards are set by society. By prohibiting suicide, society sends out a message that it is not an acceptable action. Legislation is a useful social tool, in that it proscribes the limits of indi... |
law general philosophy life house believes suicide should be criminal offence | Suicide undermines the sanctity of the human body Like abortion, euthanasia, cloning and genetic engineering, suicide undermines the sanctity and inviolability of the human body. It is legitimate to legislate against such actions because the sanctity of the human body is an intrinsic constituent part of the respect fo... |
law general philosophy life house believes suicide should be criminal offence | The fact of suffering is what makes it impossible to consider suicide a legitimate choice. Someone under the duress of intense pain and/or discomfort is not going to be able to make a fully voluntary and informed choice to end their life. |
law general philosophy life house believes suicide should be criminal offence | The law and is to protect the state and the people from each other and to help guide people into making the right decisions for the whole of society. The important thing is that society should make a stand for what it believes is right and against what it believes is wrong. And suicide is clearly a wrongful, misguided ... |
law general philosophy life house believes suicide should be criminal offence | The right to life means a right to death When we speak of the right to life it means more than merely the right to be alive, it encompasses the right to self-ownership, the notion that one’s life is one’s own and that you are not beholden to anyone else by the mere fact that you are alive. It follows from this that th... |
law general philosophy life house believes suicide should be criminal offence | We are all dying Death is an inevitable fact of life. We will all die. Suicide is therefore not a matter of choosing between life and death per se, but of choosing the time and manner of death one wishes. We would all prefer a painless death over a slow and agonising one, and it is better to be able to prepare oneself... |
law general philosophy life house believes suicide should be criminal offence | This is not the role of the criminal law Criminal legislation is not the vehicle for society’s pronouncements on questions of how one should live one’s life. It instead involves the entirely practical exercise of ensuring that individuals are able to live freely and enjoy their freedom without fear of external interfe... |
law general philosophy life house believes suicide should be criminal offence | The right to life is a positive protection against the state extinguishing that right and is limited largely to that context. A person can no more choose to give up their right to life than they can choose to give up their right to freedom from slavery. |
rnational africa law human rights international law government leadership voting | It is accepted as a position of international criminal law that head of state immunity does not apply before international tribunals [1] . Any such immunity that Kenya had was waived by them joining the ICC, which they did voluntarily. Even so, just because someone has a position of power does not mean they should hav... |
rnational africa law human rights international law government leadership voting | Head of state immunity Traditionally, heads of state have had immunity in foreign courts. This is for the normal functioning of diplomacy – so heads of state can engage in business at other states and travel to summits without the risk of harassment by vexatious claims in foreign courts, or foreign governments trying ... |
rnational africa law human rights international law government leadership voting | A previous Kenyan government, operating with a democratic mandate, ratified the Rome Statute. Therefore, there is no interference with Kenyan sovereignty: a Kenyan government legally and lawfully submitted Kenya to the jurisdiction of the ICC. Besides, a “democratic mandate” would not stop the prosecution of a prosecu... |
rnational africa law human rights international law government leadership voting | A delay is necessary for national security Kenya is at risk of terrorist attack. Al-Shabab, a group linked to Al Qaeda have launched a number of attacks against Kenya. In addition to the Westgate massacre, there have been grenade attacks on bus terminals [1] and suicide bombings in refugee camps [2] . Kenya’s waters ... |
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