Category Archives: Legal Philosophy

A Historical Primer on Polygamous Marriage

    45b Capture

The history of polygamy is a rich and varied one. Dating back to 3000 BCE and continuing today, spanning the world from Asia to Europe, from Africa and the Middle East to North America. The ancient patriarchs of the Hebrews such as Abraham, Esau, and Jacob were the heads of polygamous households. Similarly, under Shari’ah Law in Islam, a man is allowed to marry up to four women so long as he treats them in an egalitarian manner. Even the father of early modern Protestantism, Martin Luther, admitted that Christianity and polygamy were not mutually exclusive ideals, noting that the practice did not contradict anything in the Holy Bible (Swisher 3-4). As a result, it is fair to say that there is a globally attested and historical tradition of polygamy and that it has been defended over time as a viable form of marriage.

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A Glance at the Social Structure of Western Medicine

     In Western medicine, just as in law, religion, and the military, there is a single group located above all others at the top of this social institution. This group is an authoritative minority endowed with certain privileges/rights/duties/obligations and, subsequently, they are required to fulfill certain roles. This group is, of course, composed of physicians.

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Moral Reasoning in the Context of Physician Assisted Suicide (PAS)

A Statement of Values — Proponents versus Opponents

Collectively, the proponents of physician assisted suicide value personal autonomy and responsibility, the quality of life, and compassion towards others. Proponents of physician assisted suicide feel that by being allowed to choose between life and death as a personal and medical decision, patients are able to exercise personal autonomy, a freedom that they take to be fundamental to the nature of humanity. This autonomy ties directly into their perceptions about quality of life, in that some view life as undesirable or lackluster if they are not able to enjoy activities, events, and relationships that they previously did due to terminal or incurable medical conditions. They do not view life as inherently valuable and worth living, but derive life’s value from its pragmatic and functional elements. When the level and intensity of physical and mental suffering crosses a certain threshold, these proponents value the actions of those who will show compassion and act in accordance with their final wishes. Thus, proponents of physician assisted suicide feel obligated to protect the personal rights of patients as well as to ensure that they are being treated with compassion to alleviate their pain and suffering. Any events or legislation that interfere with those conditions are intolerable.

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An Analysis of the Obama Administration’s Use of Combat Drone Strikes from Classical Realist and Liberal Perspectives

Introduction

The drone strikes carried out in various locations in the Middle East under the authority of President Obama and his administration have sparked public outrage due to numerous leaked reports of innocent civilian casualties combined with immense collateral damage to the countries in which the drone strikes had been executed.

What is remarkable from an academic perspective is that it represents a classic example of the quintessential differences between a realist and liberal perspective on international law. Within this context, there are certain aspects of each theoretical approach to international relations that are extremely pertinent to the discussion of drone attacks as a case study.

Viewing realism and liberalism as antitheses, the former (i.) focuses its attention on the state as the primary actor in international relations, (ii.) values security over freedom in the international system, and (iii.) prefers power to interdependence with regard to relationships with other countries. Meanwhile classical liberalism (i.) places an emphasis on the individual (whether alone or as part of a larger governmental or non-governmental organization), (ii.) generally denounces unilateral action, and (iii.) stresses interdependence through cooperation for solving collective international problems. Continue reading