Philosophy of Law
Article to Critique is Ruth Bader Ginsburg’s- “Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade.” “The 1973 United States Supreme Court decision in Roe v. Wade sparked a legal and political controversy that continues to this day. Judge Ginsburg suggests that the Roe opinion would have been more acceptable if it had not gone beyond a ruling on the extreme statute involved in the case. She agrees with commentary maintaining that the Court should have adverted specifically to sex equality considerations. Such an approach might have muted the criticism of the Roe decision. The breadth and detail of the Roe opinion ironically may have stimulated, rather than discouraged, antiabortion measures, particularly with respect to public funding of abortion.” Argument: Do agree or disagree with RBG? You need to critique this essay using other essays relating to the paper/argument that you are critiquing to back up your critique. You can either agree with the paper or disagree but make sure you pick a side and state why. (you don’t have to agree with everything or even disagree with everything but make sure you always back up your claims.) Additional reading content I will provide is H.L.A Hart complete text “Concept of Law” this along with Dworkin’s “Law of Empire” and Thomas “Law, Morality, and Politics” have been our main literature when discussing law so please use this as a reference and perhaps compare perspectives of Dworkin, Thomas, and Ginsburg if possible.
