PHIL 340 Lecture Notes - Lecture 2: Reproductive Rights, Antipositivism, Harm Principle
2 Oct 2018
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Homosexual relations in military bunker; resulted in discharge. Claimed his discharge from the military violated his constitutional rights (civil law v. military law). Claimed that military law cannot infringe on his constitutional rights. Dworkin argues that two principles could fit the dronenberg: This is only an aspect of some intimate relationships, as homosexual procreation is not scientifically possible. State cannot prohibit acts that are not harmful to others just because the act is seen as immoral or sinful. Aspects of positive law in this case include: Roe v. wade, griswold v. connecticut, loving, carey, etc. Justification only kicks in on hard cases. Fit: must fit with positive law (multiple options, hence justification). Competing interpretations that both fit the data lead to a need for justification. Positive law and principles of political morality - best interpretation of positive law. What is written in the books (constitution, statutes, common law/case law/precedent. ) Study for in-class writing on smith ch.
