The 14th Amendment. Section 1

Transcription

1 Constitutional Law

2 The 14th Amendment Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

3 Brewer s argument for the unchanging meaning of the Constitution P1 The Constitution is a written document P2 The meaning of written documents does not change C Therefore, the meaning of the Constitution has not changed.

4 Property Law

5 Locke s argument 1. A person s labor and body are his/her own. 2. Property acquired by mixing one s labor with it 1. provided you leave as good and as much for others. 3. Property originally of value because it meets human needs 4. Property gains additional value from the labor invested in it 5. Trading property (and the labor in it) for money allows persons to store up the value of their surplus productivity

6 Congress has power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. US Constitution, Article 1, Section 8

7 Japanese Copyright Law promoting the protection of rights of authors, etc., giving consideration to a fair exploitation of these cultural products, and thereby contributing to the development of culture.

8 The Scope of Criminal Law

9 The Harm Principle "The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. JS Mill, On Liberty

10 Dwarf-tossing 'Little Couple' Jen & Bill Address Dwarf Tossing

11 Questions on dwarf-tossing 1. Does the activity of dwarf-tossing harm anyone except for those directly involved (i.e., the dwarf being tossed and the person doing the tossing)? 2. If yes, does it harm those persons directly or indirectly? Do they have more or less at stake than the people involved? 3. Are the laws of Florida and NY that ban this activity justifiable? Would Mill think so?

12 Devlin s argument [Enforcing shared ideas about morality makes them more likely to remain shared] Shared ideas about morality are what hold society together Governments are entitled to do whatever is necessary to hold society together Therefore, governments are entitled to enforce shared ideas about morality

13 Devlin s Argument If: (1) [Enforcing shared ideas about morality makes them more likely to remain shared] (2) Shared ideas about morality are what hold society together (3) Governments are entitled to do whatever is necessary to hold society together Then: (4) Governments are entitled to enforce shared ideas about morality

14 Zoophilia laws in US Legality of Zoophilia in the United States Zoophilia is a felony Zoophilia is a felony and a misdemeanor Zoophilia is a misdemeanor Undetermined

15 Elements of a crime 1. A valid, publicly known, and nonretroactive law prohibits a given act (A) 2. Defendant (D) committed A (actus reus; guilty act) 3. D committed A with the state of mind defined by the law prohibiting A (mens rea, guilty mind) 4. D has neither a justification nor an excuse for committing A (i.e., D is responsible for committing A)

16 Nyuzi and Kudemera v. Republic (Malawi, 1967) Nyuzi, who professed to be a witchdoctor, called on to determine why children born in the village were dying soon after birth Nyuzi agreed to hold a trial by ordeal, and sixteen people signed up The trial involved drinking a muabvi prepared by Nyuzi 4 of 16 who drank the muabvi died.

17 Nyuzi, cont. Muabvi submitted to government analyst, who reported that it was not poisonous Also tested bark and powder in possession of Nyuzi, and found that these were not poisonous, at least to guinea pigs. Pathologist who examined bodies found no cause of death and no trace of poison Thought that the cause of death might be poison, but admitted she found no poison.

18 Questions Did Nyuzi kill the 4 men? (In other words, was there an actus reus?