What is the Difference Between a “person” and a “human Being” within the Law

1992 ◽  
Vol 54 (3) ◽  
pp. 445-461 ◽  
Author(s):  
James T. McHugh
Keyword(s):  
United States ◽  
The United States ◽  
Human Being ◽  
Judicial Decisions ◽  
Essential Nature ◽  
Liberal Democratic ◽  
The Law ◽  
Democratic Societies ◽  
The Difference

The difference between legal terms such as “person” and “human being” represents more than a question of standing or mere semantics. Within liberal democratic societies, such as the United States and Canada, such distinctions may indicate substantive differences regarding fundamental concepts such as citizenship, membership in society, and the scope and essential nature of rights and liberties. In particular, judicial decisions regarding abortion have relied upon such distinctions in order to articulate some of the fundamental issues upon which such controversies are based.

Justifying “Wholesale Slaughter”

1975 ◽  
Vol 5 (2) ◽  
pp. 245-258
Author(s):  
Donald VanDeVeer
Keyword(s):  
United States ◽  
Young Children ◽  
Late Stage ◽  
Homo Sapiens ◽  
The United States ◽  
Human Being ◽  
Recent Trial ◽  
The Law

In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking.

Mobility of Human Beings in Europe: An Unpredictable Phenomenon

2020 ◽  
pp. 1-8
Author(s):  
Rosa María Martínez de Codes
Keyword(s):  
United States ◽  
Western Europe ◽  
The United States ◽  
Refugee Crisis ◽  
Human Beings ◽  
Religious Minorities ◽  
Liberal Democratic ◽  
Norms And Values ◽  
Democratic Societies ◽  
Direct Threat

The global refugee crisis has reignited long-standing debates about how to successfully integrate religious minorities into liberal democratic societies. In the United States, security fears, particularly connected with terrorism, are preponderant. In Western Europe cultural fears seem to dominate, with many misunderstanding Islam as a direct threat to the norms and values that bind their societies together.

scholarly journals Economic Growth and Unemployment Nexus: Okun’s Two-Version Case for Nigeria, South Africa and United States of America

2020 ◽  
Vol 12 (1(J)) ◽  
pp. 55-65
Author(s):  
Adegbemi Babatunde Onakoya ◽  
SEYINGBO, Adedotun Victor
Keyword(s):  
United States ◽  
Economic Growth ◽  
South Africa ◽  
United States Of America ◽  
Economic Restructuring ◽  
The United States ◽  
Ordinary Least Squares ◽  
The Law ◽  
The Difference ◽  
Dynamic Version

Okun’s law in its original form was predicated on the experience in the United States of America. Some methodological refinements have been added based on studies conducted in other climes with varied results. This research investigated the applicability of this law in Nigeria, South Africa and the United States of America. The study conducted a comparative analysis of three of the versions of the law. The research employed Ordinary Least Squares method having validated it’s appropriateness with Dickey-Fuller and Philips-Perron tests. The demonstrated superiority of the dynamic version over the difference version was manifest in all the countries. The result also showed that the dynamic version of the law was applicable in the three nations while the difference version showed the lack of linkage between economic growth and unemployment only in Nigeria. Deployment of employment creative employment schemes, labour market reform and economic restructuring are recommended in the Nigerian case.  The policy makers on South Africa and USA are enjoined to pursue growth- inducing policies. 

Liberal Internationalism from George W. Bush to Barack Obama

2017 ◽  
Author(s):  
Tony Smith
Keyword(s):  
United States ◽  
The United States ◽  
Barack Obama ◽  
Democratic Peace ◽  
War On Terrorism ◽  
Global War On Terrorism ◽  
Liberal Internationalism ◽  
Liberal Democratic ◽  
The Subject ◽  
Global War

This chapter examines the United States' liberal democratic internationalism from George W. Bush to Barack Obama. It first considers the Bush administration's self-ordained mission to win the “global war on terrorism” by reconstructing the Middle East and Afghanistan before discussing the two time-honored notions of Wilsonianism espoused by Democrats to make sure that the United States remained the leader in world affairs: multilateralism and nation-building. It then explores the liberal agenda under Obama, whose first months in office seemed to herald a break with neoliberalism, and his apparent disinterest in the rhetoric of democratic peace theory, along with his discourse on the subject of an American “responsibility to protect” through the promotion of democracy abroad. The chapter also analyzes the Obama administration's economic globalization and concludes by comparing the liberal internationalism of Bush and Obama.

Home Buyers’ and Vendors’ Behaviours: Analysis of Judicial Decisions

2017 ◽  
Vol 2 (6) ◽  
pp. 229
Author(s):  
Nuraisyah Chua Abdullah ◽  
Ramzyzan Ramly ◽  
Muhammad Izwan Ikhsan
Keyword(s):  
United States ◽  
The United States ◽  
Consumer Education ◽  
Judicial Decisions

This paper examines the behaviour of vendors and purchasers indirectly through the judicial decisions in Malaysia, Australia, and the United States. The decided cases illustrate that buyers are still indolent in their duty to conduct pre-purchase inspections, some vendors were seen to have actively concealed defects in the property and fraudulently misrepresented the conditions of the properties. This paper suggests consumer education for both the vendors and purchasers and the extension of the jurisdiction of either the Tribunal for Homebuyers Claims or the Tribunal for Consumer Claims to include matters regarding the dispute as to the condition of the property.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Racialization through Enforcement

2018 ◽  
Author(s):  
Jennifer M. Chacón ◽  
Susan Bibler Coutin
Keyword(s):  
United States ◽  
Racial Identity ◽  
Racial Profiling ◽  
The United States ◽  
Immigration Law ◽  
National Origin ◽  
Immigration Enforcement ◽  
Racial Hierarchy ◽  
Judicial Decisions

Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to confront head on the role of race in immigration enforcement practices. Courts improperly conflate legal nationality and ‘national origin’, thereby cloaking in legality impermissible profiling based on national origin. Courts also maintain the primacy of purported security concerns over the equal protection concerns raised by racial profiling in routine immigration enforcement activities. This, in turn, promotes racially motivated policing practices, reifying both racial distinctions and racial discrimination. Drawing on textual analysis of judicial decisions as well as on interviews with immigrants and immigrant justice organization staff in California, this chapter illustrates how courts contribute to racialized immigration enforcement practices, and explores how those practices affect individual immigrants’ articulation of racial identity and their perceptions of race and racial hierarchy in their communities.

Racialized Political Consumerism in the United States

2018 ◽  
pp. 680-698
Author(s):  
Bo Yun Park
Keyword(s):  
United States ◽  
American History ◽  
Minority Groups ◽  
The United States ◽  
Political Consumerism ◽  
White Supremacist ◽  
Political Tradition ◽  
Democratic Societies

In the United States, political consumerism has evolved alongside the country’s racial struggles. Throughout American history, ethnoracial minority groups have used different forms of racialized political consumerism in order to advance their rights. White supremacist groups have also taken part in boycotts to promote their cause. Addressing the need to assess the meaning and significance of a tactic that is considered to be a longstanding political tradition, this chapter provides an analytical guide for the study of racialized political consumerism in democratic societies. It does so by (1) illustrating the historical and contemporary uses of political consumerism in racial struggles in the United States, (2) examining the different forms of political consumerism used by ethnoracial minorities, and (3) discussing the theoretical value of the concept of racialized political consumerism.

Sign in / Sign up

Export Citation Format

Share Document