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Hobbies and rights
Natural rights theory hobbies
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My view is that killing an innocent threat in defence of oneself or others can be justified, but only when it meets the traditional constraints of being necessary, proportionate and imminent (Townsend 2014:34-35). I take this position because, in agreeance with Hobbes (1651:153-163) and Thompson (1990:135-141), I hold that person’s always retain the liberty right to self defence and that by perpetrating a lethal threat to a person’s life, one forfeits their own right to life. I will defend this claim by explaining the position of Hobbes (1651:153-163) and Thompson (1991:287), showing why traditional constraints are necessary and replying to Otsuka’s (1994:143-151) argument on self defence. Throughout this essay, I shall take any argument that …show more content…
Say, for example, your neighbor and their family don’t like you, you see her looking at you in a strange way and so, under the guise of pre-emptive self defence, you kill them all. This is obviously morally impermissible for intuitive as well as rational reasons (e.g. utilitarianism or violating ones right to life) and could be the beginning of a blood feud or state of perpetual war. If the attacker in this scenario had acted under these traditional constraints, peace would have been maintained as well as the retention of the right to self defence. Hobbes’ law of nature (Hobbes 1651:157) states that men must ‘seek peace and follow it’. These traditional constraints facilitate a continued state of peace while allowing for self defence. Thompson’s (1991:287) Innocent Threat scenario also illustrates the necessity of these constraints by saying things that draw attention to imminence like ‘just enough time’ and providing a proportional response like ‘shifting an
On September 12th, Carmela Buhbut, a battered wife who shot her husband to death 31 times from a close range, was sentenced to seven years imprisonment. She then appealed to the Supreme Court against the severity of the sentence. No less than three different justices held the complicated appeal- Bach, Kedmi and Dorner. All three of them, agreed that there is no doubt, that taking a person’s life is a crime which Buhbut should be punished for. However, only of them, justice Kedmi, thought the appeal should be dismiss in limine.
' The notion that punishment is needed as an example asserts that the punishment for murder, or the punishment any crime for that matter, should be employed as a deterrent and to inspire fear that will prevent others from fulfilling the said crime in the future. This illustrates a depressing and gloomy view of human nature, as being corrupt at its core and that fear remains the only thing that prevents us from committing evil acts. Rather, I believe that laws and the punishments associated with the infringement of laws are an agreement between a citizen and the society they live in about what is appropriate and agreeable behavior that protects the basic rights of all citizens and holds all citizens as equal in front of the law. Thus, if someone kills another person and the circumstances of the crime are not within the previously established laws, then the person should be held responsible regardless of whether one would kill that person if they could help it or
I found two other ideas, which the “Gentleman” propagated, interesting. Firstly, the idea of self-defense is evil that is based on the philosophical justification that life is most precious and that if one were to kill, it would be hypocrisy. The “Gentleman” essentially argues that any nation cannot defend itself without killing, and thus is unable to j...
In order for me to achieve this goal, I have organized this paper into three main sections. In the first section, I will explain how everyone has killed in their lifetime for their own personal needs. In the second section, I will give examples of when killing is needed and required for the safety of one and one’s loved ones. Lastly, I will discuss when killing serves justice to others. I will follow this by citing my work and my resources.
Incapacitation is another oft-cited justification for use of the death penalty, since no murderer has ever been executed and subsequently gone on to kill again. Radelet & Borg (2000) state t...
America is the most well armed nation in the world, with American citizens owning about 270 million of the world’s 875 million firearms (Marshall). Indeed, this is more than a quarter of the world’s registered firearms. The reason why Americans own so many guns is because of the Second Amendment, which states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (Rauch) This amendment guarantees U.S. citizens the right to have firearms. Since this amendment is relatively vague, it is up for interpretation, and is often used by gun advocates to argue for lenient gun laws. Hence, gun control is a frequently discussed controversial topic in American politics.
Concealed weapons in college campus’s have been a big issue since the mass shootings in Virginia Tech and Northern Illinois Universities. Allowing for guns to be allowed in college campus’s would be a bad thing to do since it would create additional risks for students, even if weapons were allowed it wouldn’t deter the shooter, and it would detract from a healthy learning environment. So far there is only five states , Colorado, Mississippi, Oregon, Utah, and Wisconsin, that allow “concealed carry” at school campus.
If a person don’t carry a concealed weapon, how will they be able to protect themselves and their precious family from vicious criminals? Shall issue states are states that citizens may apply and be considered by the state for a gun permit which is also known as concealed carry. John R. Lott, is an economist and has received his Ph.D. in economics from UCLA. He claimed "shall-issue" concealed carry laws reduced murders by 8.5%, rapes by 5%, aggravated assaults by 7%, and robbery by 3%, according to a 2000 analysis of FBI crime data” (Lott, John R.) This refers to how concealed carry reduces crime and information was reported by the FBI compared to the other states that don’t allow concealed carry. This quote shows real evidence on how guns
In this paper I will argue for the moral permissibility of the death penalty and I am fairly confident that when the case for capital punishment is made properly, its appeal to logic and morality is compelling. The practice of the death penalty is no longer as wide-spread as it used to be throughout the world; in fact, though the death penalty was nearly universal in past societies, only 71 countries world-wide still officially permit the death penalty (www.infoplease.com); the U.S. being among them. Since colonial times, executions have taken place in America, making them a part of its history and tradition. Given the pervasiveness of the death penalty in the past, why do so few countries use the death penalty, and why are there American states that no longer sanction its use? Is there a moral wrong involved in the taking of a criminal’s life? Of course the usual arguments will be brought up, but beyond the primary discourse most people do not go deeper than their “gut feeling” or personal convictions. When you hear about how a family was ruthlessly slaughtered by a psychopathic serial killer most minds instantly feel that this man should be punished, but to what extent? Would it be just to put this person to death?
Since the 1700’s forms of the death penalty have been used for one reason or another, but today some disagree with this judicial practice. The death penalty is the ultimate punishment imposed for murder or other capital offenses, and in Alabama a capital offense is murder with eighteen aggravating factors. In 1972 the Supreme Court moved away from abolition, holding that “the punishment of death does not invariably violate the constitution” (Bedau, Case against 2). Since 1900, in this country, there have been on the average more than four cases each year in which an entirely innocent person was convicted of murder (Bedau 7) and because of these startling numbers people are against capital punishment. It is a horrible reality to convict an innocent person of a crime and even worse to put this person on death row. There are even more horrific stories, like the one of Roger Keith Coleman, who was executed in Virginia despite widely pu...
This argues that the possibility of death causes potential criminals to consider the repercussions. Apart from its application in retributive justice, the death sentence reacts appropriately to the most serious offenses. Severe violent crimes, such as murder, violate social norms and jeopardize the basis of a fair and just
Therefore, one can conclude, besides the fact that if you are in a situation between "life and death", and have to kill it, it doesn’t give us the right to destroy it other times.
Hobbes’ theory of natural law is based on the premise that individuals are atomistic, rational, self-centred, and in a perpetual state of conflict and competition with one another. In this state individuals have complete liberty to do as each individual wills and to pursue their own interests (particularly that of maintaining one’s own life) , . Man in the state of nature is bound by two natural laws, which are “to seek peace and follow it [and] by all means we can, to defend ourselves” . Egoism effectively abolishes any idea of private property for Hobbes – survival is the ultimate short-term goal, with peace being the long-term goal, so any action that enables one to survive best is viable, including theft and murder. These two rules reinforce one another - in essence the objective within the state of nature is to escape it by securing one’s safety and thus staying alive. Because individuals in the state of nature are rational, Hobbes believes they will consent to sacrificing some liberties in the hope of attaining this safety from one another. They will therefore form a social contract or what Hobbes terms a “covenant” between one another, establis...
The unjust are, by nature, inclined to disobey the law and Sovereign authority out of an overestimation of their natural abilities (or any other motive contrary to self-preservation). Therefore, the fear of impending punishment serves as an immediate and overwhelming deterrent force that compels the unjust individual to commit just actions. Because the unjust few fail to adhere to the fundamental command to “seek peace,” their potential criminal acts must be held in check by a fear of violent punishments and/or death. Thus, the orthodox interpretation of sovereign punishment as a fear induced “psychological” deterrent is accurate, but only applicable to a small subset of the
Bedau, H. A. (2004). Against The Death Penalty: The Minimal Invasion Argument. New York: Oxford University Press.