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Departurism
Departurism is a pro-life libertarian approach to the abortion controversy developed by American philosopher Sean Parr which argues, contrary to evictionism, that the lethal removal of an unwanted fetus ought to be legally impermissible (except in cases where the pregnancy jeopardizes the life of the mother). Commonalities with evictionism Both departurism and evictionism acknowledge that a fetus is a distinct, living human being and, further, admit his personhood. What makes these theories uniquely libertarian is twofold: #They view the abortion issue through the lens of property rights, allowing that an unwanted fetus is to a mother what a trespasser is to the owner of the property in question. #They conceptually separate abortion into (a) the removal of the child from the womb and (b) the resultant death of the child. Abortion, thus, is understood as lethal eviction. Both theories view the act of eviction, in isolation, as more or less broadly justifiable while justific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evictionism
Evictionism is a moral theory advanced by Walter Block and Roy Whitehead on a proposed libertarian view of abortion based on property rights. This theory is built upon the earlier work of philosopher Murray Rothbard who wrote that "no being has a right to live, unbidden, as a parasite within or upon some person's body" and that therefore the woman is entitled to eject the baby from her body at any time. Evictionists view a woman's womb as her property and an unwanted fetus as a "trespasser or parasite", even while lacking the will to act. They argue that a pregnant woman has the right to evict a fetus from her body since she has no obligation to care for a trespasser. The authors' hope is that bystanders will "homestead" the right to care for evicted babies and reduce the number of human deaths. They argue that life begins at conception and state that the act of abortion must be conceptually separated into the acts of: # the eviction of the fetus from the womb, and # the dying of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-aggression Principle
The non-aggression principle (NAP), also called the non-aggression axiom, is a concept in which aggression, defined as initiating or threatening any forceful interference (violating or breaching conduct) against either an individual, their propertyWithin the context of the NAP, property is defined as both personal possessions and private property. or against promises (contracts) for which the aggressor is liable and in which the individual is a counterparty, is inherently wrong. There is no single or universal interpretation or definition of the NAP, with different definitions varying in regards to how to treat intellectual property, force, abortion, and other topics. The non-aggression principle is considered by some to be an essential idea in libertarianism, anarcho-capitalism or minarchism. Justifications The principle has been derived by various philosophical approaches, including: * Argumentation ethics: some modern right-libertarian thinkers ground the non-aggression ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walter Block
Walter Edward Block (born August 21, 1941) is an American Austrian School economist and anarcho-capitalist theorist. He currently holds the Harold E. Wirth Eminent Scholar Endowed Chair in Economics at the School of Business at Loyola University New Orleans, and is a senior fellow of the non-profit think-tank Ludwig von Mises Institute in Auburn, Alabama. He is best known for his 1976 book ''Defending the Undefendable'', which takes contrarian positions in defending acts which are illegal or disreputable but Block argues are actually victimless crimes or benefit the public. Personal life Walter Block was born in Brooklyn, New York to Jewish parents Abraham Block, a certified public accountant, and Ruth Block, a paralegal, both of whom Block has said were liberals.Walter Block. "On Autobiography." ''LewRockwell.com''. December 4, 2002/ref> He attended James Madison High School (Brooklyn), James Madison High School, where Bernie Sanders was on his track team. Block earned his ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consequentialism
In ethical philosophy, consequentialism is a class of normative ethics, normative, Teleology, teleological ethical theories that holds that the wikt:consequence, consequences of one's Action (philosophy), conduct are the ultimate basis for judgment about the Morality, rightness or wrongness of that conduct. Thus, from a consequentialist standpoint, a morally right act (or omission from acting) is one that will produce a good outcome. Consequentialism, along with eudaimonism, falls under the broader category of teleological ethics, a group of views which claim that the moral value of any act consists in its tendency to produce things of Intrinsic value (ethics), intrinsic value.Teleological Ethics " ''Encyclopedia of Philosophy''. via ''Encyclopedia.com.'' 28 May 2020. Retrieved 2 J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied-in-fact Contract
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding." Although the parties may not have exchanged words of agreement, their conduct may indicate that an agreement existed. For example, if a patient goes to a doctor's appointment, the patient's actions indicate that they intend to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate that they intend to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agree ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Squatting
Squatting is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there were one billion slum residents and squatters globally. Squatting occurs worldwide and tends to occur when people who are poor and homeless find empty buildings or land to occupy for housing. It has a long history, broken down by country below. In developing countries and least developed countries, shanty towns often begin as squatted settlements. In African cities such as Lagos much of the population lives in slums. There are pavement dwellers in India and in Hong Kong as well as rooftop slums. Informal settlements in Latin America are known by names such as villa miseria (Argentina), pueblos jóvenes (Peru) and asentamientos irregulares (Guatemala, Uruguay). In Brazil, there are favelas in the major cities and land-based movement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Obligations
Positive obligations in human rights law denote a State's obligation to engage in an activity to secure the effective enjoyment of a fundamental right, as opposed to the classical negative obligation to merely abstain from human rights violations. Classical human rights, such as the right to life or freedom of expression, are formulated or understood as prohibitions for the State to act in a way that would violate these rights. Thus, they would imply an obligation for the State not to kill, or an obligation for the State not to impose press censorship. Modern or social rights, on the other hand, imply an obligation for the State to become active, such as to secure individuals' rights to education or employment by building schools and maintaining a healthy economy. Such social rights are generally more difficult to enforce. Positive obligations transpose the concept of State obligations to become active into the field of classical human rights. Thus, in order to secure an individual' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praxeology
In philosophy, praxeology or praxiology (; ) is the theory of human action, based on the notion that humans engage in purposeful behavior, contrary to reflexive behavior and other unintentional behavior. French social philosopher Alfred Espinas gave the term its modern meaning, and praxeology was developed independently by two principal groups: the Austrian school, led by Ludwig von Mises, and the Polish school, led by Tadeusz Kotarbiński. Origin and etymology Coinage of the word ''praxeology'' ('' praxéologie'') is often credited to Louis Bourdeau, the French author of a classification of the sciences, which he published in his ''Théorie des sciences: Plan de Science intégrale'' in 1882: However, the term was used at least once previously (with a slight spelling difference), in 1608, by Clemens Timpler in his ''Philosophiae practicae systema methodicum'': It was later mentioned by Robert Flint in 1904 in a review of Bourdeau's ''Théorie des sciences''. The modern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fetal Viability
Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the availability of advanced medical care. In low-income countries, half of newborns born at or below 32 weeks gestational age died due to a lack of medical access; in high-income countries, the vast majority of newborns born above 24 weeks gestational age survive. As of 2022, the world record for the lowest gestational age newborn to survive is held by Curtis Zy-Keith Means, who was born on 5 July 2020 in the United States, at 21 weeks and 1 day gestational age, weighing 420 grams. Definitions ''Viability'', as the word has been used in the United States constitutional law since ''Roe v. Wade'', is the potential of the fetus to survive outside the uterus after birth, natural or induced, when supported by up-to-date medicine. Fetal viability de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Abortion
A medical abortion, also known as medication abortion, occurs when drugs (medication) are used to bring about an abortion. Medical abortions are an alternative to surgical abortions such as vacuum aspiration or dilation and curettage. Medical abortions are more common than surgical abortions in most places, including Europe, India, China, and the United States. Medical abortions are typically performed by administering a two-drug combination: mifepristone followed by misoprostol. When mifepristone is not available, misoprostol alone may be used in some situations. Medical abortion is both safe and effective throughout a range of gestational ages, including the second and third trimester. In the United States, the mortality rate for medical abortion is 14 times lower than the mortality rate for childbirth, and the rate of serious complications requiring hospitalization or blood transfusion is less than 0.4%. Medical abortion can be administered safely by the patient at h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
