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Legality Vs Morality Essay

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Morality And Legality Of Abortion Essay Research

Morality And Legality Of Abortion Essay, Research Paper

Morality and Legality of Abortion

Somewhere amidst the abortion debates of the last quarter century, the

real issue has been lost. The focus has become too religious for a country that

has separated church and state. Therefore, I won’t argue the religious rights

and wrongs of abortion. No answers can be derived until we focus on what the

law and our citizens do value, because this is how laws are changed. American

laws hold sacred the value of human rights….but when do a woman’s end, and a

The saving grace, and ultimately, the great flaw of the Constitution is

it’s variability. Our founding fathers created it as an open door, to allow

future generations to correct their mistakes, but also to make them, and to

contradict themselves ethically and morally, on the whim of a generation. As a

nation, we have always attempted a degree of morality in our laws, a shared

belief in what is right and wrong that is eforced by the law. We assert that to

ahrm another intentionally or otherwise is wrong and deserving of punishment.

Our laws condemn murderers and shun drunk drivers, charging involuntary

manslaughter in the case that he/she inadvertently kills another in an accident.

There are severe repercussions for rapists and assault of another person. We

also often assert that to harm oneself intentionally or in a way that could

have been prevented by our own precaution is wrong. These examples include the

seatbelt and helmet laws and the ingestion of harmful drugs. In keeping with our

common and lawful morality that is careful to protect human life, the legality

of abortion appears incongruent.

An important question of this issue is of the point at which the life

conceived inside a woman’s body is considered a life, rather than her personal

property. After conception, is there such a point htat “the right to choose”

can be exercised as an alternative to a condom or pill to prevent the said

conception? Prochoisce supporters wil continue to argue that a woman has a

right to do with her body as she chooses including termination of an unwanted

pregnancy. However, nature has decreed the bodies of the same women as

indispensible protection for a life too vulnerable to survive outside of this

sanctuary. Should this biological right create a parallel between the human

gestation period and a 1-month trial run?

Whether not abortion is morally acceptable, it is in many cases

replacing conventional birth contral and postponing women’s decisions as to

whether they desire a child. Factors such as invoncenience, financial stability,

and bad relationships have become grounds for abortion. These feelings should

be evaluated before a women begins to engage in the very act that promotes pro-

creation. The necessary precautions can then be taken to prevent the otherwise

inevitable, rather than trying to reverse a life already brought to existence.

Abortion was legalized at a time when women burned their bras and

demanded to be liberated, mainly from men. Somehow this movement shocked a

generally conservative government into giving these women what they wanted:

absolute freedom from men. Today, with their demands fulfilled, perhaps women

in the government alike have taken a moment to look at their handiwork and

wonder, “What have we done?”

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Essay on Texas Gambling: The Morality vs Legality of Casino Gambling

Essay on Texas Gambling: The Morality vs Legality of Casino Gambling

For years casino gambling was portrayed in the media and Hollywood as being associated with criminal activities and the mafia. Now with proper scrutiny and government regulations casino gambling has become a lucrative business, with casinos stock even trading on Wall Street. Casino gambling is an ever increasingly popular and legal activity in many states throughout the United States. “The term gambling or ‘gaming’ as the industry calls it, means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States” (National Gambling Impact Study Commission Act). States that allow casino gambling benefit vastly by re-incorporating the taxation off of commerce gained from casinos and tourism associated with the casinos back into the state and local communities. Jobs created by casinos also have a positive impact on the economy in local communities surrounding casinos as well as, the states that legalize gambling. Texas, while allowing horse and dog racing, lottery, and charitable bingo, does not currently prohibit casino gambling. In this essay, I will provide the different reasons the State of Texas will benefit from legalizing casinos gambling. By not having casinos, Texas continues to lose valuable tax revenue that could be awarded to state and local government funded programs for example, education, public safety, economic development, and infrastructure improvements. With the increasing number of legal casinos in bordering states such as Louisiana, New Mexico, and Oklahoma, the loss of tourism and tax revenue is a growing concern for Texas. Passing legislation to allow casinos in the State of Texas will help fund.


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. the overall increase in commerce. The benefits will also be felt through the decline in poverty and welfare by way of incorporating new jobs and revenue into the state. The State of Texas must put an end to all of the money being spent elsewhere while Texas has the capabilities and resources available to provide and profit off the same gambling experience other states provide. It has been shown through numerous states that legalized casino gambling can be a rewarding business model, just as The Lottery, pari-mutuel wagering at horse and dog tracks, and charitable bingo has proved in Texas. Due to the current state of the economy it seems to me the only logical point of view is to bring Texans home, by legalizing casino gambling in Texas, recapturing vital commerce that will help lead to financial prosperity thus, enriching The State of Texas and its residents.

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Legality vs morality essay

issues/Abortion - Legality and Morality term paper 5233

Disclaimer: Free essays on issues posted on this site were donated by anonymous users and are provided for informational use only. The free issues research paper (Abortion - Legality and Morality essay ) presented on this page should not be viewed as a sample of our on-line writing service. If you need fresh and competent research / writing on issues, use the professional writing service offered by our company.

The 1973 United States Supreme Court Roe vs. Wade decisin, while providing for some semblance of legal structure to the political debate over abortion, has led to further question within moral and religious aspects of our society. In that decision, the Court found that a woman had the right to choose whether or not to abort a pregnancy within certain constaints; however, if a fetus were a person, accourding to the Court, abortion would be found impermissible. While this decision made an attempt at establishing a legal precedent, from a moral and religious standpoint, it is wrong. Upon the moment of conception, the human embryo is a person; and as a result, ensoulment of the fetus occurs simultaneously, making it's abortion an act at odds with moral rectitude, and a sin within the teachings of the Catholic Church.

In accordance with the 1973 decision, "the Court believed that the State has a compelling interest in protecting potential human life at viability" (Kamm 16). Viability can be defined in terms of the Court's use as the capacity of the fetus to live outside of the womb, with the aid of mechanical support. While this issue of viability exists as the main distinguishing element the Court uses to grant fetal life the label of personhood, the actual point of viability is one that can be debated.

Viability has been pointed out to be a function of technology, and is therefore a variable instance that cannot legitimately be defined as any consistent chronological point in a pregnancy. Furthermore, as viability exists as a function of technology, its point of instance could theoretically be defined very early in the pregnancy, and would constantly change with developing technologies. This being said, it is hardly possible to place human rights upon a variable instance with debatable significance. So as viability " is not necessarily correlated with a later stage of the fetus's development, let alone a stage in which it assumes the characteristics of a person rather than merely those of a potential person", then the Court's view of viability as a crucial point is virtually unfounded (16).

While the point of viability becomes an invalid argument in defining the instance in fetal life takes on human rights under the law, it may still be argued that "what really matters for the issue of abortion, is not when the human organism begins, but. when it becomes someone rather than just something" (Channer 35). This lies at the heart of the issue, as abortion can only be wrong morally if it kills someone, as opposed to just killing a biological organism (something).

So when does the fetus become a person the? One common argument is that before it has developed a working brain, the fetus has no mind. Lacking the capacity for consciousness, rational thinking, feeling, and perception, one could argue that after conception there is room for an early abortion in which no person is destroyed. However, when you look at the actual mental capacities of a newborn baby, these neutral skills and attributes have not been fully developed yet either, and they certainly do not account for why we would consider them a person at the moment of birth. Therefore, the actualization of the mind does not define the personhood of the baby (or fetus), but the potential capacities are what qualify them as persons, "in virtue of its fetus potential to develop, mentally and/or spiritually, in a certain way (36). So as the fertilized egg, upon conception, has the potential into a baby, it also maintains the potential to develop into whatever the baby has the capacity to become (37).

Upon conception, "human embryos have the basic capacities to think and will, even though it will be some time before they exercise those capacitis" (Lee 5). Therefore, possessing these potentialities, human embryos and fetuses are persons in the broadest sense that they are an entity that has the capacity of a whole human being. So since a human organism comes to be is that at which the human being becomes a human person. Therefore, since the human organism comes to be at conception, so too can the embryo or fetus be defined as a human person at that point (6).

Now that it has been established that a fetus can be identified as a person upon conception. one can approach the moral and religious aspects of its abortion with an understanding that, for all intents and purposes, the Courts' defintion of fetal personhood is more or less irrelevant. Instead, one must look at the moral and religious perspectives (as aided by science) of the life and sanctity of the fetus.

In the tradition of the Catholic Church, all persons are born into this world with a soul. If the fetus is a person upon conception, as we have proven, then does not ensoulment take place simultaneously? Patricia Beattie Jung, in her article Abortion and Organ Donation, makes reference to a Sidney Callahan quote regarding the rights of fetal life, and the call to the realization that fetal personhood also encompasses ensoulment:

Just as women and blacks were considered too different, to undeveloped, too biological to have souls. so the fetus is now seen as mere biological life.

(Jung and Shannon 155)

Historically, the salvation of souls has taken center stage in all Church teachings and doctrines. So when looking at the practices of the Catholic Church, it is important to note that "in the moral schema of the Christian Churches the condition of the immortal soul of a fetus, infant, or child was more important than any defense of its physical and mortal life" (Drutchas 39). Therefore, the concept of the ensouled fetus has a decisive significance in the moral and Catholic debate surrounding abortion.

Traditionally, many different precedents had been set regarding the point at which ensoulment of the fetus actually occurs. Historically, the Catholic Church has wavered on its teachings, and "in the end, only a authoritariab papacy had the political clout to enforce conformity" on the issue (42). So while scholars and Church officials alike have been undecided for centuries on the actual point of ensoulment of the fetus, it could serve one well to simply consider the nature of the soul: it is the substantial form of man. Therefore, "the soul of a living thing comes to be when the living thing itself comes to be" (Lee 80). So God's ensoulment of an individual person must come at the instance that person comes to be; at conception.

When considering the Catholic tradition, one can also look towards the scriptural teachings. While the scriptures do not address abortion in any detail, biblical writers do attribute human characteristics to the unborn child, making no real distinctions between a newborn baby and a fetus. "The continuity [the sprectrum of life - conceptus, embryo, fetus, baby, child, adolescent, adult, old adult] in Scripture indicates that God is not only forming and caring for the unborn child, but forming him as a specific individual for a specific postnatal calling" (Fowler and House 86). Therefore, the personal activity of God performed in the shaping of the fetus in a mother's womb is essentially the ensoulment of the child upon creation, and upon conception.

Aborting a child, at any point, would be murdering the existence of a soul with the capacities of a full human person. In theis regard, abortion is a sinful wrong. For " at whatever stagethe deed is done. 'child unique is killed. Everyone living today was once a zygote, an embryo and a fetus. A vacuum pump would have easily destroyed them just as effectively as a bullet, a car accident or a virulent virus" (Channer 22).

The 1973 Supreme Court Roe vs. Wade decision made most abortion legal ending women's struggles with the dangers of underground abortion tequniques. While providing structure on political level, the basis of the ruling- as long as the fetus is not a person the aborting it is a valid and legal option - is unfounded. The human fetus is a person upon conception, and is divinely ensouled as a gift from God as His creation at the same instant. Therefore, the abortion of a pregnancy, at any point, is murder, is morally wrong, and is a sin within the teachings of the Catholic Church.

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Legality vs Morality - Essay by Jonistheman426

Legality vs Morality Essay

While legality and morality may initially seem the same, they are actually very different. Morals are the foundation values that guide a person’s behavior, while laws are the governing rules for a society. Laws and morals are two different things because they function differently and serve different purposes.

Many institutions in our society, such as families, churches and schools, try to instill in us a sense of morality, or what is right and what is wrong. Morality is an innate sense of values in all humans that grows when we try to co-exist in peace with each other. Moral behavior is also equated with ethical behavior. Laws can be based off of a society’s morals that help mediate our relationships with each other. Unfortunately, laws can also be based off societal norms and even crazy and destructive ideas. In the U.S. federal laws must be approved by the judiciary, legislature, and executive branches of our government before they become enforceable by the police (Emelda 1). While laws carry a societal punishment for violations, morals do not. Morals are mostly dependent on a person’s self control and self worth. For example, driving carefully and beneath the speed limit for the purpose of not hurting someone or something is acting in a moral fashion. However, if one sees a police car and only then starts driving slowly, this suggests one is simply following the law for the purpose of evading punishment.

Sometimes laws deviate wildly from morality and the results can be unjust, destructive and even horrific. Laws, based on corrupt ideas and corrupt leaders, can become corrupted, even while moral standards largely remain intact. In the 1930’s the Nazi Political Party in Germany passed a series of strict laws that stripped Jewish people of basic civil rights such as riding bikes, owning businesses and going to school. Due to extreme enforcement of the laws, as many as six million Jews were ultimately murdered by the Nazis during World War II.