Controversies in the Philosophy of Law
Running Head: Controversies
Controversies in the Philosophy of Law LS490-01: Unit 5
Kaplan University
November 16, 2010
The proper aims of law have been debated and tested through legislation and case law from the early start of America. Although it is clear that common good for society as a whole should be a prime consideration in creating and implementing law, the specifics of why laws are made are still being debated today. Three influential philosophers, John Stuart Mills, Gerald Dworkin and Devlin have brought great insight into the proper aims of law. John Mills presented the argument that “acts that directly diminish another’s well being… failure to perform identifiable obligations one may have to others… [and] failure to perform one’s share of what is required for a decent common life in society” (Murphy, 2007, pp. 83, 84). Gerald Dworkin proposed “legal restriction… to protect or promote the subject’s good” (Murphy, 2007, pp. 94-95). Devlin believed in the importance of morals in the “interest in the preservation of society” (Murphy, 2007, p.101). All of these philosophers brought perspectives that have aspects of validity and are still applied today. In controversial issues such as statutory rape among consenting teens, abortion, capital punishment, assisted suicide and mandatory car insurance, the debate over which aim is right and proper still rests on which philosophical aim of law is applied. As society advances and values change, so will the debates over which aim is best for each issue, though it is clear that a complete depiction of the proper aims of law involve a combination of all theories. This is an excellent opening paragraph! You stated the purpose of the paper and focused on the philosophers in Chapter 3 and the issues you have selected to address. Well done! Statutory rape among consenting teens is one issue in fierce debate today. In the state of Wisconsin, two teenagers, ages sixteen may have dated for two years. Although
Controversies in the Philosophy of Law LS490-01: Unit 5
Kaplan University
November 16, 2010
The proper aims of law have been debated and tested through legislation and case law from the early start of America. Although it is clear that common good for society as a whole should be a prime consideration in creating and implementing law, the specifics of why laws are made are still being debated today. Three influential philosophers, John Stuart Mills, Gerald Dworkin and Devlin have brought great insight into the proper aims of law. John Mills presented the argument that “acts that directly diminish another’s well being… failure to perform identifiable obligations one may have to others… [and] failure to perform one’s share of what is required for a decent common life in society” (Murphy, 2007, pp. 83, 84). Gerald Dworkin proposed “legal restriction… to protect or promote the subject’s good” (Murphy, 2007, pp. 94-95). Devlin believed in the importance of morals in the “interest in the preservation of society” (Murphy, 2007, p.101). All of these philosophers brought perspectives that have aspects of validity and are still applied today. In controversial issues such as statutory rape among consenting teens, abortion, capital punishment, assisted suicide and mandatory car insurance, the debate over which aim is right and proper still rests on which philosophical aim of law is applied. As society advances and values change, so will the debates over which aim is best for each issue, though it is clear that a complete depiction of the proper aims of law involve a combination of all theories. This is an excellent opening paragraph! You stated the purpose of the paper and focused on the philosophers in Chapter 3 and the issues you have selected to address. Well done! Statutory rape among consenting teens is one issue in fierce debate today. In the state of Wisconsin, two teenagers, ages sixteen may have dated for two years. Although
References: Murphy, M. C. (2007). Philosophy of Law (pp.). Malden, MA: Blackwell Publishing. Olszewski, (2006), Statutory Rape in Wisconsin: History, Rationale, and the Need for Reform, Marquette Law Review, http://law.marquette.edu/lawreview/Spring%202006/Olszewski.pdf . State of Wisconsin Government Statutes, (Enacted1989), Crimes against Children, p.3, http://legis.wisconsin.gov/statutes/1989/89Stat0948.pdf State of Wisconsin Legislative Reference Bureau, (2004), Sex Crimes and Penalties in Wisconsin, p.2, http://legis.wisconsin.gov/LRB/pubs/ib/04ib3.pdf . Tax Articles International Directory, (2010), http://www.taxarticles.info/2010/08/wisconsin-auto-insurance-new-laws-requirements-june-2010/ .