Abstract In this article, the writer discusses active radical feminist Andrea Dworkin. The writer points out that examining her writings as well as the larger context within which Dworkin composed them, reveals much about her attack on pornography, her strange alliance with the political Right, and her views on censorship. The writer further discusses that though passionate, Dworkin possessed beliefs and attitudes that should rightly make any civil libertarian cringe.
From the Paper "Andrea Dworkin died in 2005. She was an active radical feminist up until the time of her death, though her fervor did dwindle toward the end of her life. Dworkin is best known for her crusade against pornography begun in the 1980s and her body of writing that argue that any sexualization of women is a gender power play that relegates women to a secondary status in society."
Abstract This paper discusses Dworkin's argument that secondary rules cannot be social rules, because they are not applied uniformly. He believes that they must be normative rules which have an underlying morality as their basis. It also looks at hoe Coleman argues that they are social rules and that the conventions of the U.S. legal system give judges the right to fine-tune laws to meet the convergent beliefs of society.
From the Paper "In the U S Ronald Dworkin and Jules Coleman over the course of thirty years engaged in a debate about the source of the power of secondary rules. Dworkin argues that these cannot be social rules which exist because....."
Abstract This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.
From the Paper "Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."
Abstract This paper examines the validity of both arguments for and against stem cell research, based on Ronald Dworkin's ethical writings on ?the sanctity of life.? In the conclusion, this paper argues that despite its supposed benefits, stem cell technology is both untried and potentially dangerous. Furthermore, the current methods of creating stem cells violate an important premise of Dworkin's concept of the sanctity of life. It argues that because of both the health and moral implications, funding for stem cell research should be banned.
From the Paper "Stem cells have received much attention because of their unique capacity to renew themselves and morph into several different types of specialized cells. For example, given the proper programming signal, an undifferentiated stem cell can grow into a heart cell or a skin cell. This gives rise to the possibility that stem cells can replace damaged or diseased tissues or organs (Okarma 115). There are two different kinds of stem cells. First, there are the pluripotent stem cells, which are derived from blastocysts, the mass of cells that occur after a fertilized egg divides. These "pluripotent" or embryonic stem cells have the ability to develop into all the specialized types of cells that will eventually make up the human body (Okarma 13)."
Abstract This seven-page undergraduate paper examines Daniel Lazare's criticism of the Constitution and compares his views to those of Ronald Dworkin. The author agrees with Dworkin and explains why she believes the Constitution provides for a more just society.
Abstract This essay expresses the opposing views of Catherine MacKinnon and Ronal Dworkin regarding the issue of legal regulation of pornography. It states both of the views with quotes from their analysis of cases of American Booksellers v Hudnut, as well as R v Butler. The essay ends with a personal view on the subject matter, with regard to both of the authors' views and finds that although neither presents the full picture, Dworkin's argument focuses more on the legality of the issue as opposed to feminism of MacKinnon.
From the Paper "Free speech and what it really means has taken different forms for different individuals. And while historically, it has served as a safeguard against hateful and harmful ideas entering a wider social realm, it also leaves enough room for misuse. Is speech to be, to an extent, regulated (as it is in the British Race Relations Act) or is to be equally allowed to any opposing view, no matter how potentially dangerous or degrading it is? Does pornography qualify as a speech and if so, how is it best regulated without stifling the First Amendment? In her 1993 book "Only Words", Catharine MacKinnon gives several arguments regarding pornography."
Abstract This paper examines the ethical arguments of those who advocate the use of cloning technology, in light of Ronald Dworkin's ethical writings on "the sanctity of life" and John Rawls? ?theory of justice.? In the conclusion, this paper argues that because the present state cloning technology violates the intrinsic value of human life, researches involving cloning should be banned.
From the Paper "In 1971, Nobel Prize winning-scientist James Watson wrote an article warning about the growing possibility of a ?clonal man.? Because of both the moral and social dangers cloning posed to humankind, Watson called for a worldwide ban on any research leading to cloning technology (Watson 8). Until then, cloning had been largely relegated to the realm of science fiction. Scientific research concerning cloning and in vitro fertilization was obtuse and technical, and hardly written about in the news."
Abstract This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin's theory, on the other hand, is founded on criticisms of Hart's theory. It seeks to analyse Hart's Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.
From the Paper "The basis of Dworkin's theory is founded on criticisms of Hart's theory. Dworkin pictures law as a "gapless" legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as ?rules.? Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin's idea of principles."
Abstract A legal system reflects the priorities and issues of the society it serves. This paper considers the views of John Stuart Mill, the Hart/Devlin debate and Marxism to determine whether a legal system can or should be morally neutral.
Outline
Introduction
Mill on Individualism and Morality
The Hart-Devlin Debate
Dworkin Marxism and Legal Morality
Concluding Comments
From the Paper "John Stuart Mill was a prominent and prolific nineteenth century economist and philosopher. It is submitted that of all his published work it was his essay On Liberty , published in 1859 that inspired most profound reaction and longest-lived controversy. Mill's primary assertion was that individuals should only be morally accountable to themselves, unless their actions touch deleteriously upon the interests of society at large. Mill's thesis is that we should only seek to coerce others in self-defence - either to defend ourselves, or to shield others from harm. Since Mill's influential and ground breaking work was published the freedom of the individual has come to the fore and has been advocated as an essential component of a sympathetic, equitable and advanced legal system."
Abstract The paper proposes that pornography, although thousands of years old, has evolved in the past decades as a reaction to the rise of feminism and racial equality. The paper uses the Marxian concept of "ideology", which it defines as beliefs used to justify social stratification, to define pornography within the context of white, male wielders of power. The paper cites feminist Andrea Dworkin's view of sex as a form of victimization of the socially inferior. It presents Naomi Wolf's view of the sex industry as an economic exploitation of women, and makes use of her view of the beauty industry as another source of exploitation to expand its definition of pornography, and cites numerous examples from mainstream women's magazines to support that claim. The paper reviews the history of the women's movement's struggle against pornography, and includes examples of feminist campaign literature targeting pornography. The paper presents the claim that pornography leads to racism, as well as violence against women. It views as sexist the laws which deem all phallic imagery illegal, but classify depictions of female erogenous zones as legal, comparing them to Nazi tactics to dehumanize Jews. In conclusion, the writer feels that Karl Marx, had he not focused solely on economics, would also have seen pornography as a form of subjugation of women by white men, and that women will never be able to express their true sexuality and nature of femininity until negative images in pornography are eradicated. NOTE: This paper includes graphic pornographic images as examples in two appendices and on the title page.
From the Paper "Pornography is a Greek word that now means, "writings, pictures, etc. intended primarily to arouse sexual desire." (6) However, it was derived from the Greek stem, porne, meaning a harlot who was to serve as a man's sexual slave. The inequalities of patriarchy have obviously changed from ancient Greek times; however, the image of a woman serving a man sexually is still very ubiquitous in pornographic literature. Is this detrimental to the status of women in society? Most feminist thinkers say yes."
Abstract Development of the roles of the English judiciary and the legislature. Includes observations of the impact of the Human Rights Act and subsequent loss of sovereignty to Strasbourg. Full dissection of the relationship between statute and the Common Law and the part that morality/justice should play in the law courts. Theoretical questions from legal theoreticians such as Dworkin and Hart discussed.
From the Paper "Answering this question involves discussing: what other forms of law (apart from statutory text) judges should refer to; which form of law takes precedence; how a judge should interpret a statute, especially if it is unclear or ambiguous; and what he is to do if he cannot operate within the bounds of existing statutory texts. These issues induce us to look at the use and scope of a judge's discretion. A consideration of the use of the word MUST is also needed. Must a judge operate in a certain way? Or are there merely guidelines as to how he should operate?"
Abstract This paper deals with public outcry against certain country music songs dealing with domestic abuse, namely, "Goodbye Earl" by the Dixie Chicks. It asserts that the public's outrage over the song, rather than the topic the song examines, is a result of socially sanctioned gender roles as well as a misunderstanding of the phenomenon of spousal abuse.
From the Paper "Troubled relationships have long been a focus of popular music. From break-ups and resultant depression to serious battery and final retribution, popular music has served as a constant commentary on human beings and their failed attempts at romantic relationships. While most singers and songwriters tend to focus on the more accessible topic of painful separations when looking at failed relationships, many have also taken a close look at the darker side of these relationships, when love transforms into violence. Before the 1960s, most songs dealing with the subject of domestic violence focused only on the abuse and, in some cases, the eventual death of the female partner. It wasn't until the sexual revolution that songs about domestic violence began to be sung from the perspective of the abused."
From the Paper "The concept of natural law was first developed in the Greek world and has been carried through to the present day. There are a number of different approaches to this concept. The Graeco-Roman tradition held that there was a natural law that was accessible to mankind through reason. Christian theorists adopted aspects of Cicero's Stoic philosophy, an example of natural law, because of its emphasis on moral content. The Christian legal philosophy that developed was in many ways a fusion between the fundamental Christian teachings and the adapted teachings of the Stoics (Kelly 102). Most recently, the idea of natural law stands in opposition to the positivist school. Natural law requires a minimal moral content as a prerequisite for viewing something as in contravention of the law, while the positivist school holds that the law is whatever..."
Analyzes cases in which reasonable judges differ on applicable law. Provides case studies and looks at policy vs. principle, ideas of legal philosopher Ronald Dworkin and judicial errors.
1,800 words (approx. 7.2 pages), 6 sources, 1994, $ 63.95
From the Paper "This paper will address the problems which "hard cases" present to the American judicial system. This paper will focus on the premise that judicial decisions which involve hard cases should be generated from principle and not policy. Moreover, this paper will discuss how judges may make mistakes when they rely solely on existing policies to formulate their decisions and how judges should instead be encouraged to rely on equitable principles whenever deciding hard cases.
One of the first "hard" cases which the American judicial system ever faced is the infamous case of Riggs v. Palmer. On August 13, 1880, widower Francis B. Palmer made his last will and testament, giving small legacies to his two daughters and the bulk of his estate to Elmer E. Palmer, Francis' grandson. Elmer's legacy was conditioned on his continued support of.."
Abstract Almost three decades after the landmark 1973 Roe vs. Wade case legalizing abortion in America, the issue remains the greatest moral flashpoint facing America today. This paper examines the underlying ethical arguments of both sides of the abortion debate, using Ronald Dworkin's "sanctity of life" principles. By ?abortion,? this paper includes all forms of abortion, from early fetal abortion through the RU46 drug to late-term abortions, from abortions out of "convenience" to abortions in cases of rape and incest. It evaluates how the anti-abortion crusade has framed their campaign on the personhood and the rights of the fetus. The second part looks at the pro-abortion movement, which has framed their issue as a campaign for women's reproductive rights. Finally, the paper examines the approach of a minority of women, activists from both camps who are working to bridge the gap between pro- and anti-abortion factions.
By presenting both sides, this paper argues that because of current societal structures that make unwanted pregnancy more likely to happen and its consequences more difficult to assume, abortion must remain an option, a ?necessary evil.? Both pro- and anti-abortion factions, however, must work towards their common ground ? a society where abortions are no longer necessary.
From the Paper "Despite the legality of abortion and its importance to women's rights, anti-abortion activists have successfully curtailed several pro-choice gains. More important, the "pro-life" camp's appeals to a higher moral law have successfully placed pro-choice advocates on the defensive.
However, pro-choice advocates also frame their stand on morality. Forcing a woman to continue and unwelcome pregnancy is ultimately harmful to the mother and the child. The creation of unwanted and uncared-for children has a two-fold effect of limiting a woman's potential for both the present and future motherhood. As Roiphe states, becoming a mother is a crucial choice and its imposition makes women into "slaves of their biology" (142)."
Tags: fetus, bible, christian, feminists, morality, birth, control
