Philosophers and the Law

Topics: Plato, Abortion law, Philosophy Pages: 5 (1486 words) Published: December 12, 2012
Reference Page:

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Philosophers and the Law.

Daria Pesliak

To: Mrs. Erskine/Leger

Due: Monday March 5th, 2012.

In 1969 Pierre Trudeau legalized abortion in Canada. Ever since abortion became legal there has been a huge uproar from anti-abortion groups and campaigns that were against Trudeau's bill. This event is one of the most debated and controversial topics currently in Canada. By looking at it through the lenses of Cicero, Jeremy Bentham, and Thomas Hobbes as well as through natural law and positive law, these philosophers have different ways and approaches that they would take in this event. The theories of these philosophers can all relate to Canada's abortion law and all their theories agree or disagree with this situation.

As said before each philosopher has a different outtake on life situations. This is because philosophers base their theories on either natural law or positive law. Those who base their theories on natural law believe that the laws reflect values and ideals of society. Marcus Tullius Cicero, a Roman philosopher based his theory from natural law. In the situation of abortion, based of evidence Cicero wouldn't be against abortion as long as abortion set conflicts on natural law(Clayton). Cicero would agree with abortion as long as the woman “could apply for special permission from a therapeutic abortion” (Arthur), meaning the woman would have a “good” or reasonable reason to get an abortion. For example if the child was endangering the life of the mother or if the mother couldn't afford a child. In cases such as in Canada, where there was a huge disobedience towards the laws against abortion, Cicero would change the laws just like the Supreme Court did in 1988, so that they wouldn't go against the natural laws of the people (Galles). The laws against abortion...
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