scholarly journals The Rationality of Ethics: Teleological Theory reconciled in the context of Abortion

Author(s):  
Xolisa Jibiliza

This paper sought to argue about the notion of abortion, and its immorality within a society. Viewed teleologically, human behaviour such as committing abortion, may be designated as being moral or immoral according to the goals clearly established by a person and reasons given. Teleologic theory thus proposes that the ethical decision for carrying out an abortion focusses on the outcome of the abortion and its outcome on society. Realizing a goal and what one is doing is required and is an adequate condition to consider moral action without bearing in mind any transitional action taken to arrive at a particular objective. The article also seeks to reveal the importance of the biblical view of life as gift emanating from a Creator God. The author places emphasis on the ethical values deemed to be appropriate for Christians based on Holy Scripture relating to life and death issues. The themes for this paper were addressed by the researcher as follows: The immorality on abortion, some reasons given for abortion, the right to abortion, the unborn baby has a right to life, the unwanted pregnancy, Church views on abortion, society’s view on abortion and what is considered to be right or wrong, ethical and unethical in having an abortion.

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 158-167
Author(s):  
Fathur Rachman

The proliferation of drug trafficking and use activities in Indonesia today, makes Indonesia a drug emergency. Narcotics is an extraordinary crime and needs special attention in its eradication efforts. Therefore great power is needed by using the toughest legal actions in which Indonesia has a death sentence. The purpose of capital punishment is to give a violent deterrent to drug offenders and as a warning to other communities not to commit these crimes. The issue examined in this paper is the suitability of Pancasila as the legal basis for the application of the death penalty, and the application of the death penalty to narcotics crime. The reality of capital punishment in Indonesia shows that the implementation of the judicial system is not good and the execution of the death penalty is always postponed so that it seems indecisive . In addition, the regulation of capital punishment also raises the debate between the ethical values of Pancasila and positive law (KUHP). It is undeniable that in the effort to implement such assertiveness sometimes experience obstacles both from within and outside the country. As well as various counter opinions regarding capital punishment that violate human rights . Even in Indonesia alone for those who contradict the death penalty, it is associated with violating the first precepts of Pancasila, where God is the ruler of the universe who has full provisions for the right to life and death. But Indonesia still applies the death penalty based on the positive law (KUHP).


2020 ◽  
Vol 54 (2) ◽  
pp. 693-708
Author(s):  
Nataša Deretić

This paper attempts to answer the question as to whether the right to "life and death" of a woman (ius vitae ac necis) at the hands of male family members or partners is indeed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of women to the level of "basic human rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Roman ius vitae ac necis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex / current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wander whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can contribute to eradicating this devastating phenomenon in the 21st century.


1990 ◽  
Vol 12 (2) ◽  
Author(s):  
Jean-Claude Wolf

AbstractRights are not redundant elements of a plausible utilitarian theory and the right to life is an inseparable companion of the rights to nourishment and to medical care. The deeper reason for this thesis is the interdependence of values concerning vitality. In this perspective it is inconsistent to say that the (normal) newborn is unable to have a right to life, but has a right to be fed. The hidden premise of Singer’s rebuttal of involuntary euthanasia is a theory of rights as vetoes against imposed benefits. Without openly subscribing to such a theory there is no answer to ‘logical slippery slope’ arguments and no protection against dangerous ‘quality of life’ considerations as a basis of decisions over life and death.


2019 ◽  
Vol 9 (18) ◽  
pp. 174-193
Author(s):  
Murilo Aparecido Andrade Lugo ◽  
Karine Cordazzo

      Resumo: A Eutanásia em sua tradução Literal significa Boa Morte, e é um tema muito discutido na sociedade atual. Muitos acreditam que seja um ato de misericórdia para com o paciente que está sofrendo, outros que é um crime contra a vida. A proposta é que este trabalho estude e trate da Eutanásia, mais precisamente sobre o direito à prática da Eutanásia. Abordar-se-á no presente trabalho, a atual legislação e o anteprojeto (Projeto de Lei nº 236/12) do Código Penal, tipificando autonomamente a Eutanásia, por ser essa uma conduta revestida de sensibilidade e piedade, mas que apresenta uma série de pontos controversos, polêmicas e dúvidas. Aborda em seu principal escopo o direito sobre a vida e sobre a morte, quando e quais direitos devem triunfar, e razões, favoráveis ou contrárias a aplicabilidade da Eutanásia bem como aborda os conflitos constitucionais envolvendo tal tema no Brasil e quais são as possíveis soluções para tais conflitos. Além disso, há o estudo de quais países foram os pioneiros na legalização do instituto da Eutanásia, os motivos que levaram a essa legalização, os resultados provenientes da tipificação da Eutanásia nesses países e como podem servir de exemplo para que outros países sigam o mesmo caminho. Foi realizada pesquisa bibliográfica  em livros, revistas e artigos para a realização do presente trabalho.   Abstract: Euthanasia in its literal translation means Good Death, and is a much discussed topic in today's society. More crimes are an act of mercy towards the patient who is suffering, others that is a crime against life. The proposal is this work of study of Euthanasia, more precisely for the right to practice Euthanasia. The current legislation and draft law no. 236/12 of the Penal Code will be approached in this work, typifying autonomy euthanasia, because this is a program that is sensitive and pitiful but presents a series of controversial points, controversies and doubts. It addresses, in its main scope, the right to life and death, when and those that fall into the triumph, and the reasons, favorable or contrary to an application of euthanasia, as well as its constitutional approach such conflicts , the legalization of the euthanasia institute must be taken seriously, the reasons that lead to this legalization, the results of the euthanasia typing, and the possibility of serving the example for the other countries follow the same path. The research was bibliographical in books, magazines and articles for the accomplishment of the present work.


Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.


2002 ◽  
Vol 9 (2) ◽  
pp. 179-191 ◽  
Author(s):  
Eva Cignacco

This qualitative study describes midwives’ experiences in relation to termination of pregnancy for fetal abnormalities, and their corresponding professional and ethical position. Thirteen midwives working in a university clinic were interviewed about their problems in this respect. The information gathered was evaluated by using qualitative content analysis. The study focused on the emotional experience of the midwives, their professional position, and ethical conflict. In this situation, midwives are faced with a conflict between the woman’s right to self-determination on one hand and the right to life of the child on the other. This conflict causes a high level of emotional stress and, subsequently, professional identity problems. Although questions concerning the child’s right to life are generally suppressed, the ethical principle of the woman’s right to self-determination is rationalized. Although this process of rationalization seems to present a false ethical decision, it enables midwives to continue with their daily professional duties. As far as orientating midwives to the value of these women’s right to self-determination is concerned, it must be assumed that they have made an ethical decision to which they have given insufficient thought. This problem is exacerbated by the fact that midwives are largely excluded from the decision-making process of the parents in question. They cannot therefore help in this process in a valuable and responsible way by providing clear information and proposing objective criteria. In relation to the tasks they are expected to fulfil, these midwives revealed that they were in a state of professional confusion.


1969 ◽  
Vol 7 (2) ◽  
pp. 61
Author(s):  
Salim Ashar

Character is a complicated issue, even considered an abstract problem. It is said to be abstract because the concept of manners is not yet operational. While good and bad standards for morals are in the objective view of God the Creator of man. If the character is ethics, it is very dangerous, because some of its value will be contrary to the moral lessons that exist in religious subjects. When both are taught (ethics and morals) then the threat is the students will later experience what is called a split personality, that is split personality. Students become confused because there are conflicting values, such as good values ​​in the sense of morals and good value in manners (call: ethics). There is no honest terminology of Arabic versions, honest English versions, false witnesses of Arabic and French versions, as there is no terminology about Arab or Turkish morality. This applies to humans when there is a pattern of intersection between ethical values ​​and customs: ethical values ​​derive from the "right" way (revelation), whereas customs are derived from the habits The purpose of this study are: 1) Describing whether or not the addition manners in the lessons of Islamic Religious Education. 2) Describe the material (content) in the lesson of Islamic Education and the intersection of Budi Pekerti based on traditional perspectives. This study uses "Library Research". The research data used is secondary data. Data collection techniques used are documentation. Data processing is done by conducting the activity of review, verification and reduction, grouping and systematization, and interpretation or interpretation so that a phenomenon has social, academic, and scientific value. From the results of the discussion concluded: 1) Based on the perspective of Islam, the lessons of Islamic Religious Education need not be added with the character, because in fact holistic education includes in the Islamic Religious Education. 2) The content of Islamic Religious Education should include aspects of Islam, ie Aqidah, Shari'ah and Akhlak which are taught in a balanced way, but the lesson of character can be combined as long as the adat is the custom of the Muslims.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.


2018 ◽  
Vol 14 (63) ◽  
pp. 216
Author(s):  
O. Sovgyria ◽  
A. Yanchuk

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