To What Extent Should the Law Reflect a Moral Vision, Even When This Involves an Interference with the Rights of Individuals Who Might Disagree with That Vision?”

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“To what extent should the law reflect a moral vision, even when this involves an interference with the rights of individuals who might disagree with that vision?”

The relationship between the law and morality is one which has been a source of discussion and controversy for a whole host of reasons. It can be argued that although it is fundamentally futile for a particular moral vision to not influence law making, is it just for one’s perception of what is morally right to hinder the rights of others who may not share such moral visions? In a democracy, we the people decide who makes the laws for us – preferably the laws should reflect the moral vision of the people who we choose to represent us. However, due to the complex nature of morality the value system of the people tends to be varied. Thus, the law does not please everybody and as a result the rights of some individuals are hindered due to the contrasting moral vision of others. The purpose of this essay is to explore the way in which abortion as an issue is one which has been greatly affected by adverse moral visions. As a result, the rights of individuals in Ireland who may disagree with that vision have been affected. The Enactment of the 8th Amendment.
The lawfulness of abortion under the constitution of Ireland can be considered as a topic which has sparked much debate between dissimilar views on abortion and bodily autonomy in Ireland. Kingston wrote that before the insertion of the eight amendment into the Irish constitution in 1983, the constitution didn’t contain any specific provision on the topic of abortion. Article 40.3 affirmed that the state guarantees to respect its citizens, and to ultimately “protect as best it may from unjust attack”. Pre 1983, it was unclear to many people as to what exactly defined the word “citizen”. The question on whether an unborn foetus was deemed as a citizen…...

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