Whatever Happened to Justice Ch 21

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is suggested to be a determining factor for the right to life?

Proximity to human beings

Species membership

Level of intelligence (correct)

Political affiliation

How is the legal decision making regarding abortion characterized?

Based on scientific standards

Underscored by religious beliefs

Determined by majority rule (correct)

Guided by international law

Which of the following scenarios raises complex ethical questions about the right to life?

All living organisms' rights

Euthanasia of a brain-active person

Abortion performed in the 36th week of pregnancy (correct)

Killing of a human infant

What historical event is referenced to illustrate the dangers of political law?

World War II and the Nuremberg Trials Signup and view all the answers

What concern is raised regarding the potential future of life rights?

They may be regarded as a gift from the voters. Signup and view all the answers

According to the content, which statement about the right to life is true?

Rights may vary based on changes in societal opinions. Signup and view all the answers

What implication does the text suggest regarding the understanding of 'Higher Law'?

Few people are aware of its significance today. Signup and view all the answers

What significant change in the perception of law occurred by the 1930s?

Legal Realism advocated for law as a creation of judicial interpretation. Signup and view all the answers

Which of the following quotes reflects the instability in the law discussed in the content?

It is now impossible to predict responsibility for injuries. Signup and view all the answers

What is identified as a crucial question related to the law regarding personhood?

Who has a right to life? Signup and view all the answers

What aspect of legal interpretation worsened the understanding of rights to liberty and property?

The ambiguity in defining personal rights. Signup and view all the answers

Which historical context influenced the understanding of personhood and rights?

The perception of people of color and women as property. Signup and view all the answers

What does Victor Schwartz suggest about the state of the law?

There is no consistent rule of law to rely on. Signup and view all the answers

What critical issue is linked to lawmaking according to the content?

The definition of personal rights and personhood. Signup and view all the answers

How has legal interpretation been characterized in modern jurisprudence?

Interpretation leads to constant legal reinterpretation. Signup and view all the answers

Study Notes

Instability in Law

Legal instability arises from the idea that law is made by judicial interpretation, rather than found in established principles.
This change in perspective, from interpreting established law to creating law through interpretation, occurred in the first decades of the 20th century.
The instability makes it difficult to predict legal responsibility for actions and injuries, and who is liable.

The Abortion Question

Abortion is highlighted as a crucial legal issue, potentially the most important in US history, due to the fundamental question of who/what is a person, and the right to life.
Defining a person is difficult and has varied over time (based on status like property or slavery).
The common law framework has yet to provide definitive answers about determining rights to life, or the basis of these rights for issues like fetuses, animals, or potentially non-human intelligent entities.

Rights and Intelligence

The right to life is potentially connected to intelligence, though the nature and measurable level of intelligence required are unclear.
This adds further complexity in applying rules for entities that may or may not resemble characteristics associated with intelligence.
Applying the concept of rights to animals (chimpanzees, cats, etc.) poses questions of where to draw the line and the arbitrary nature of deciding which animals warrant legal protections.

Political Law and the Nuremberg Trials

The author emphasizes the dangers of political law (majority rule) in resolving rights issues, particularly right-to-life questions.
The Nuremberg trials exposed the potential danger of political law when Nazi defendants claimed they were following orders, which were legal in their nation but morally unconscionable, highlighting the existence of a higher law.
The Nuremberg court decision asserted the existence of a higher law than government law and the court's responsibility to uphold it.

Implications of Political Law

The author warns that prioritizing majority rule over established legal principles could lead to situations similar to Nazi Germany, where millions were killed under the cloak of legality.
The author fears that the resolution of abortion (or similar right to life issues) through a constitutional amendment, using political means, could erase centuries of legal precedent and fundamentally disrupt legal protections.
This would undermine the concept of an inherent right to life, making it contingent on voter opinion rather than a fundamental right.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the complex interplay between legal interpretations, rights, and societal changes throughout history. It delves into pressing issues like abortion and the evolving definitions of personhood and legal responsibility. Test your understanding of how these themes have shaped contemporary legal thought.