Legal essay

legal essay

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It is to acknowledge that the government has the power to say who is a person and who is not. Who, then, is to limit the groups to whom it is applied? This is what makes personhood such an important public policy issue. 39 The vatican has recently been advancing a human exceptionalist understanding of personhood theory. Catechism 2270 reads: Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person—among which is the inviolable right of every innocent being to life. 40 United States edit In March 2007 georgia became the first state in the nation to introduce a legislative resolution to amend the state constitution to define and recognize the personhood of the pre-born.

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Susan Bordo has suggested that the focus on the issue of personhood in abortion debates has often been a means for depriving women of their rights. She writes that "the legal double standard concerning the bodily integrity of pregnant and nonpregnant bodies, the construction of women as fetal incubators, the bestowal of 'super-subject' status to the fetus, billgates and the emergence of a father's-rights ideology" demonstrate "that the current terms of the. She writes, The basic philosophical premise behind these personhood amendments is eminently reasonable. And the alternative on offer which severs humanity from personhood is fraught with peril. If being human is not enough to entitle one to human rights, then the very concept of human rights loses meaning. And all of us — born and unborn, strong and weak, young and old — someday will find ourselves on the wrong end of that cruel measuring stick." 38 Father Frank pavone agrees, adding, nor is this a dispute about the state imposing a religious. After all, your life and mine are not protected because of some religious or philosophical belief that others are required to have about. More accurately, the law protects us precisely in spite of the beliefs horse of others who, in their own worldview, may not value our lives. To support roe. Wade is not merely to allow a medical procedure.

Will says that the personhood framework could produce significant restrictions on ivf to the extent that reproductive clinics find it impossible to provide the services. 28 A representative organization within this movement is Personhood usa, a colorado -based umbrella group with a number of state-level affiliates, 29 which describes itself as a nonprofit Christian ministry. 30 and seeks to ban abortion. 31 Personhood usa was co-founded by cal Zastrow and keith Mason 32 in 2008 following the colorado for Equal Rights campaign to enact a state constitutional personhood amendment. 33 Proponents of the movement regard personhood as an attempt to directly challenge the roe. Supreme court decision, thus filling a legal void left by justice harry Blackmun in the majority opinion when he wrote: If this suggestion of personhood is established, the appellants case, of course, collapses, for the fetus right to life would then be guaranteed specifically. 24 Some medical organizations have described the potential effects of personhood legislation as potentially harmful to patients and the practice of medicine, particularly in the cases of ectopic and molar pregnancy. 34 Legal analysis from the mississippi center for Public Policy 35 and other medical organizations 36 hold that personhood measures will have no effect on medical intervention intended to save human life.

legal essay

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Debates edit various specific debates focus on questions about the personhood of different classes of entities. Humans edit beginning of personhood edit for full article, see beginning of human personhood. The beginning of human personhood is a concept long debated by religion and philosophy. With respect to abortion, 'personhood' is the status of a human being having individual human rights. The term was used by justice Blackmun in roe. 24 A political movement in the United States seeks to define the beginning of human personhood as starting from the moment of fertilization with the result being that abortion, as well as forms of birth control that act to deprive the human embryo of necessary. 25 26 Supporters of the movement also state that it would have some effect on the practice of in-vitro fertilization (ivf but would not lead to the practice being outlawed.

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legal essay

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That life is big lived in a dramaturgical pattern is to say that people make sense, that their lives have patterns of significance. The paradigm case allows for nonhuman persons, potential persons, nascent persons, manufactured persons, former persons, "deficit case" persons, and "primitive" persons. By using a paradigm case methodology, different observers can point to where they agree and where they disagree about whether an entity qualifies as a person. 18 19 American law edit see also: plan us person A person is recognized by law as such, not because they are human, but because rights and duties are ascribed to them. The person is the legal subject or substance of which the rights and duties are attributes.

An individual human being considered to be having such attributes is what lawyers call a "natural person." 20 According to Black's Law Dictionary, 21 a person is: In general usage, a human being (i.e. Natural person though by statute term may include a firm, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. In Federal law, the concept of legal personhood is formalized by statute (1 usc 8) as a "member of the species homo sapiens who is born alive at any stage of development." As an application of social psychology and other disciplines, phenomena such as the. 22 23 Typical questions addressed in social psychology are the accuracy of attribution, processes of perception and the formation of bias. Various other scientific/medical disciplines address the myriad of issues in the development of personality.

Boethius gives the definition of "person" as "an individual substance of a rational nature" naturæ rationalis individua substantia. 14 Mary midgley defines a person as being a conscious, thinking being, which knows that it is a person ( self-awareness ). 15 Philosopher Thomas. White argues that the criteria for a person are as follows: (1) is alive, (2) is aware, (3) feels positive and negative sensations, (4) has emotions, (5) has a sense of self, (6) controls its own behaviour, (7) recognises other persons and treats them appropriately. While many of White's criteria are somewhat anthropocentric, some animals such as dolphins would still be considered persons. 16 Some animal rights groups have also championed recognition for animals as "persons".


17 Another approach to personhood, paradigm Case formulation, used in Descriptive psychology and developed by peter Ossorio, involves the four interrelated concepts of 1) The Individual Person, 2) Deliberate Action, 3) reality and the real World, and 4) Language or Verbal Behavior. All four concepts require full articulation for any one of them to be fully intelligible. More specifically, a person is an individual whose history is, paradigmatically, a history of Deliberate Action in a dramaturgical pattern. Deliberate Action is a form of behavior in which a person (a) engages in an Intentional Action, (b) is cognizant of that, and (c) has chosen to do that. A person is not always engaged in a deliberate action but has the eligibility to. A human being is an individual who is both a person and a specimen of Homo sapiens. Since persons are deliberate actors, they also employ hedonic, prudent, aesthetic and ethical reasons when selecting, choosing or deciding on a course of action. As part of our "social contract" we expect that the typical person can make use of all four of these motivational perspectives. Individual persons will weigh these motives in a manner that reflects their personal characteristics.

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Many animals appear to business have the capacity for what I shall call "first-order desires" or "desires of the first shredder order which are simply desires to do or not to do one thing or another. No animal other than man, however, appears to have the capacity for reflective self-evaluation that is manifested in the formation of second-order desires. — 11 12 The criteria for being a person. Are designed to capture those attributes which are the subject of our most humane concern with ourselves and the source of what we regard as most important and most problematical in our lives. Frankfurt citation needed According to nikolas Kompridis, there might also be an intersubjective, or interpersonal, basis to personhood: What if personal identity is constituted in, and sustained through, our relations with others, such that were we to erase our relations with our significant others. As it turns out, this erasure. Is precisely what is experimentally dramatized in the science fiction film, Eternal Sunshine of the Spotless Mind, a far more philosophically sophisticated meditation on personal identity than is found in most of the contemporary literature on the topic. — 13 Other philosophers have defined persons in different ways.

legal essay

A human person who lacks the ability to female think rationally (either because she is too young or she suffers from a disability) is still a human person because of her nature. Consequently, it makes sense to speak of a human beings lack if and only if she is an actual person. — 9 Philosopher. Moreland clarifies this point: It is because an entity has an essence and falls within a natural kind that it can possess a unity of dispositions, capacities, parts and properties at a given time and can maintain identity through change. — 10 Harry. Frankfurt writes that, "What philosophers have lately come to accept as analysis of the concept of a person is not actually analysis of that concept at all." he suggests that the concept of a person is intimately connected to free will, and describes the structure. They are capable of wanting to be different, in their preferences and purposes, from what they are.

cannot simply identify agents by a performance criterion, nor assimilate animals to machines. Likewise there are matters of significance for human beings which are peculiarly human, and have no analogue with animals. — 8 Others, such as American Philosopher Francis. Beckwith, argue that personhood is not linked to function at all, but rather that it is the underlying personal unity of the individual. What is crucial morally is the being of a person, not his or her functioning. A human person does not come into existence when human function arises, but rather, a human person is an entity who has the natural inherent capacity to give rise to human functions, whether or not those functions are ever attained.

4 likewise, jane. Goodale has also examined the construction of personhood in Papua new guinea. 5 Contents overview edit capacities or attributes common to definitions of personhood can include human nature, agency, self-awareness, a notion of the past and future, and the possession of rights and duties, among others. 6 However, the concept of a person is difficult to define in a way that is universally accepted, due to its historical and cultural variability parts and the controversies surrounding its use in some contexts. Western philosophy edit In philosophy, the word "person" may refer to various concepts. According to the "naturalist" epistemological tradition, from Descartes through Locke and Hume, the term may designate any human (or non-human ) agent who: (1) possesses continuous consciousness over time; and (2) who is therefore capable of framing representations about the world, formulating plans and acting. 7 According to Charles taylor, the problem with the naturalist view is that it depends solely on a "performance criterion" to determine what is an agent.

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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (December 2012 personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a natural person or legal personality has rights, protections, privileges, responsibilities, and legal liability. 1, personhood continues to be a topic of international debate and has been questioned critically during the abolition of human and nonhuman slavery, in theology, in debates about abortion and in fetal rights and/or reproductive rights, in animal rights activism, in theology and ontology,. 2 Processes through which personhood is recognized socially and legally vary cross-culturally, demonstrating that notions of personhood are not universal. Anthropologist Beth Conklin has shown how personhood is tied to social relations among the wari' people resumes of Rondônia, brazil. 3 Bruce Knauft's studies of the gebusi people of Papua new guinea depict a context in which individuals become persons incrementally, again through social relations.


Legal essay
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