Running Head: AIMS OF LAW

Controversial Laws in US [Name]
[School]

Author Note
This paper was prepared for , Section , taught by Professor
Abstract
What do we mean by the “Aims of Law”? At one end, the aims of law are oriented by the common good while at the other end they may be restricted by the fact that exercise of authority is involved in the use of law. To the extent that the law can be used to promote common good, we should not use it since there may be certain limits as to how the authority should be exercised even for valuable goals. Sometimes, attempting to achieve valuable goals through the law results in failure due to the way law used which may be self defeating. Authoritative character of law places a burden in human life of choosing for oneself and binds them. This should be avoided to the far extent possible. There may be some aspects of the common good that cannot be realized effectively using authoritative legal rules which implies that law is not a good tool for all purposes. Thus, the aspects of common good supported by authoritative rules are the appropriate aims of law.

This object of this paper is to examine five controversial laws in US that restrict or regulate behavior and present a philosophical argument for or against why such laws advance a proper aim of law.

Controversial Laws in US
Due to their sensitive nature, there are several topics which are highly disputed. Since prudence and emotions never go hand-in-hand, it becomes hard to arrive at a conclusion. There are a number of issues, topics and laws which can be debated upon like laws permitting or prohibiting gay marriage, abortion, use of marijuana, assisted suicide, child pornography, animal cruelty, health care, human rights, recreational drugs, gun control and harm to the environment etc. Here we will discuss five of these.

1) Homosexuality – Gay Marriage
Homosexuality is labeled as a criminal activity in many countries of the whole world but in US and some other countries, people have started favoring legalizing of same sex marriages. People had been protested for same sex marriage in US and as a result gay marriage has been legalized on July 17, 2013 in 14 states of US. Although it is a welcome change but still has different views in the society.
Supporters of gay marriage argue that same public appreciation and marriage benefits as enjoyed by the heterosexual couples should be given to same-sex couples. They should also be allowed to celebrate their commitment publicly. Supporters of homosexuals also believe that prohibiting gay marriage is against constitution and legalizing it has resulted in lesser number of hate crime cases against homosexuals in the country. From the available figures, it is proved that Massachusetts, the first state of US to legalize gay marriage has the lowest divorce rate in the country. On the other hand, opponents have their own view. According to them, legalizing same sex marriage has altered the definition of marriage as between a man and a woman which may weaken the sociocultural values. They also believe that it may lead to interspecies or group marriages and things may become more uncertain than they are at the moment.

2) Recreational Drugs – Use of Marijuana
Marijuana is included in Schedule I of the Controlled Substances Act as it was considered to have no medical use and now also the Federal Law of US retains the same viewpoint on recreational drugs considering them illegal. But recently, in some states of US, citizens have voted to legalize the use and sale of recreational drug viz. marijuana. Today, 20 states of US have legalized the use of marijuana in medicines.
Supporters of recreational drugs argue that marijuana is better as compared to alcohol or tobacco.
The symptoms of cancer, AIDS, multiple sclerosis, pain, glaucoma, epilepsy, and other conditions can be safely and effectively treated with the help of medical marijuana. Opponents of medical marijuana put forth their view that it lacks FDA-approval and very dangerous to use. Also there are available various other legal drugs which make marijuana use unnecessary. They argue that marijuana has a number of demerits viz. it is addictive, it can lead to harder drug use, it interferes with fertility and injures the lungs, brain and immune system. According to them, legalizing medical marijuana is equal to legalizing drugs and recreational use.

3) Abortion
Abortion has always been a controversial issue having lot of moral implications at its center. It was the historic landmark abortion case Roe v. Wade decided on Jan. 22, 1973, that the abortion debate came out in open. Wade (U.S Supreme Court) declared abortion a woman’s fundamental right.
Debaters who support abortion contend that the right of abortion shall not be restricted by governmental laws or religious authorities. They advocate that it is the right of a woman to abort her baby as it involves her well-being in physical, mental and financial perspectives. They also argue that if abortion is not a legal option, a pregnant woman will go for unsafe illegal abortion which may lead to higher rates of injuries and even deaths. The opponents, on the other hand, argue on the moral issues involved. According to them abortion is unlawful and immoral killing of innocent human babies. They oppose abortion on the fact that unborn babies are also human beings having right to live. Also abortion should be done by the consent of both mother and father of the child and it should not be done solely by the consent of mother.

4) Gun Control
The Second Amendment to the Constitution of the United States reads,” A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” Thus unlike other countries where strict criteria must be fulfilled to legally own a gun, citizens of America do have permit by their constitution. Recently, there has been tremendous gun violence and mass shooting in the United States which has made the gun laws a debatable issue.
Anti-gun-control activists argue that even if guns and other weapons were banned, criminals will find ways to obtain them like they do in every country but this will at least prevent their access from homes and businesses. Also the 2nd amendment to the Constitution of US clearly specifies that only the people engaged in protecting the state can bear arms, not individuals claiming their self defense. On the other hand, opponents argue that the citizens of the nation would become helpless if guns were banned as only the criminals would have access to them. They also protest that banning or prohibiting guns will not make them disappear or less dangerous to the nation. Moreover, it is their constitutional right to own weapons.

5) Euthanasia – Assisted Suicide

For over 700 years, American tradition and law has disapproved and punished both suicide and assisting suicide. But by the early 1990’s, public opinion survey recorded a growing interest in the right to die movement. This survey showed that the American public started favoring euthanasia or physician assisted death which started activities in the American courts, in medical journals and institutions to legalize assisted suicide. As a result, on November 5, 1990, the Patient Self Determination Act was passed by the US Congress, according to which gave patients, a right to demand or refuse treatment. After 2008 Presidential Elections, there are two states in US with Death and Dignity Laws – Oregon and Washington. This act allows people who are extremely ill to ask their doctors for assisted suicide. It was passed first by state Oregon and then by Washington. Euthanasia is now legal in Montana and Vermont too.
Supporters of euthanasia and physician-assisted suicide (PAS) argue that a right shall be given to extremely ill patients to end their sufferings. They also contend that this death is more quick, easy and dignified. They also protest that the right to die is confined by the same constitution that safeguards other rights such as procreation, marriage and refusal for life saving medical treatment etc. Opponents of euthanasia or assisted suicide on the other hand contend that the doctors take Hippocratic Oath which prohibits them from killing patients and also it is the moral responsibility of doctors to keep their patients alive by giving required treatment. They also argue that legalizing euthanasia may result into legalizing of murder and will help in creating incentives for insurance companies to end lives for saving money. The major target will be the poor and disabled class of the society.

Conclusion
Disagreements on some issue leads to controversies and they occur in almost every nation taking into account the fact that every opinion has a counter opinion. Controversies drive people to debate, argue, discuss and resolve issues that ultimately direct the country towards its development. In fact, freedom of speech is a mark of democracy which allows its citizens to presents their views and opinions.
As the controversies become aggressive, they arises an urgent need to be resolve them. But looking at the various challenges presented by these controversies, it is hard to come to a peaceful consensus. The issues mentioned in this paper along with many others require healthy discussions and introspection. Since both sides (the supporters and the opponents) present valid arguments, it is not a child’s play to arrive at some conclusion.

References

1) www.procon.org

2) www.buzzle.com

3) www.jurist.org

4) www.exitinternational.net