Sunday, February 23, 2020

Should Capital Punishment Be Reintroduced In The United Kingdom Essay

Should Capital Punishment Be Reintroduced In The United Kingdom - Essay Example The Crime Disorder Act 1998 abolished the death penalty in the UK for serious crimes of treason, piracy and technically for murder. Section 36 of the Act replaced the capital punishment for treason and violent piracy acts as enshrined in the Piracy Act 1837, with a lighter sentence of a maximum life imprisonment. Despite the seemingly unrelated nature of the crimes to murder, the crimes were previously classified under the same category of most serious crimes in the country’s history. In light of this reasoning, a lesser sentence for piracy and treason should have the same effect on sentencing for murder cases.  The reform of sentencing for capital offenses in the United Kingdom since 1964 has been influenced by the growing need to preserve human rights from historical violations. In particular, the Human Rights Act 1998 outlaws any public institution from acting in a manner that principally contravenes the ECHR), unless the provisions of any other key statutory regulation h ave no alternative solution. The Act also requires courts of law and tribunals to consider any directions, verdicts or counsel of the European Court of Human Rights (ECtHR), and to give their legal interpretation the widest of consideration in conforming to the Convention’s provisions on human rights. The Convention set up the European Court of Human Rights (ECtHR), which deliberates on appeal cases of murder from member states.  Any murder convict who believes his or her human rights have been trampled upon by a member state.

Friday, February 7, 2020

Critically evaluate John Rawls claim in political liberalism to Term Paper

Critically evaluate John Rawls claim in political liberalism to justify Justice as Fairness as a political conception - Term Paper Example In liberalism, the individual, which is the moral and ethical foundation in which it is established, asserts that it is under democracy, â€Å"the whole force of the community, the person and goods of every associate, and by means of which each, uniting with all, nevertheless obeys only himself, and remains as free as before† (Rousseau 1989 bk 1 ch 6). As such, the free, rational, and autonomous individual serves as the main image of human persons. However, these attributes give rise to the question how can liberal strangers be turned into democratic citizens. In other words, how can the free and rational individual (liberal strangers) be political (become democratic citizens)? John Rawls’ political liberalism is one of the several approaches use in determining the connection between the individual and the state while taking into account the reality of pluralism and diversity of worldviews that frames the social life of the individual. In the face of this reality, one c annot maintain the position of indifference towards the state and assert that as â€Å"long as the vast terrain of social relationships and communities existing alongside the individual†¦ the state is not taken into account† (Chaplin, 1994, p. 81). ... nsive views there is the possibility of shared ideals pertaining to justice, which then, enables the formulation of the basic structure of society and the foundation for social-cooperation (Lehning, 1998). In this regard, this paper will undertake a critical evaluation of political liberalism to justify â€Å"justice as fairness† as a political conception. To achieve this, the paper will be divided into eight sections. Each section will be dealing with critical concepts that are essential to clarify the issue being raised in this research. The first section is the introduction wherein the reader is introduced to the subject and structure of the research. This section serves as a guide as to what may be expected from the entire paper. The second part will provide a brief explication of â€Å"justice as fairness†. This helps in knowing Rawls’ conception of justice. Likewise, it serves as a platform in understanding how Rawls’ political liberalism justifies à ¢â‚¬Å"justice as fairness† as a political conception. The third part deals with the notion of comprehensive views. This will look into the private-individual and public divide. This will assist in clarifying the relationship between â€Å"reasonable comprehensive views† and the idea of conception as discussed by Rawls. The fourth segment will take a more thorough look on comprehensive views and the notion of overlapping consensus. These two doctrines are central in understanding the pluralist’s condition that forms the basic concern of Rawls, â€Å"How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable religious, philosophical, and moral doctrines† (Rawls, 1993, p xxvii). The fifth segment will deal with the reasonable