2 resultados para Substantive
em University of Connecticut - USA
Resumo:
A philosopher who thinks substantive necessities obtain in re, this paper argues, need not believe in non-actual worlds, or maximal consistent sets of propositions, but merely in properties. For most properties, on even the sparsest property realism, are flanked by contraries with which they cannot be co-instantiated. True, Armstrong has shown that the impossibility that a property bearer should bear each of two contraries is sometimes just the impossibility that the bearer should be identical with its own proper part-hence is no substantive impossibility. But for many genuine contraries Armstrong's analysis fails; their incompatibility cannot be reduced to facts of identity. The main examples are dispositional properties, so the paper also argues that being dispositional is no bar to a property's being real in its own right.
Resumo:
With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that the use of the largely discredited substantive due process doctrine to ground this contentious right has also contributed to the lack of legal stability. I assert that when these elements culminate in the realm of reproductive privacy the right to terminate a pregnancy becomes increasingly unstable and contested.