Why Penn Essay Sample Resources Is Important

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Argument in Favor of Euthanasia Essay - 2098 Words

Debate about the morality and legality of voluntary euthanasia has been a phenomenon since the second half of the 20th century. The ancient Greeks and Romans did not believe that life needed to be preserved at any cost and were tolerant of suicide in cases where no relief could be offered to the dying or when a person no longer cared for their life (Young). In the 4th century BC, the Hippocratic Oath was written by Hippocrates, the father of medicine. One part of the Oath states, â€Å"I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan; and similarly I will not give a woman a pessary to cause and abortion† (Brock). For 2,400 years, physicians made these solemn promises. Until very recently the Hippocratic Oath†¦show more content†¦In 1988 there was an unsuccessful attempt to get the question of whether is should be made legally permissible on the ballot in California. In November 1991 votes in the state of Washington defeated widely p ublicized referendum proposal to legalize both voluntary active euthanasia and physician-assisted suicide. The decision for euthanasia should rest fully with the patient. In terms of euthanasia there are many factors that come into play when deciding; the different types of euthanasia, the ethical issues behind euthanasia, and the legal standpoints. There are different types of euthanasia. There is voluntary active euthanasia, in which a clearly competent patient makes a fully voluntary and persistent request for aid in dying. Appraising active euthanasia from a virtue perspective can offer a more compassionate approach to the predicament of practitioners and clients (Begley). Involuntary euthanasia is when a competent patient explicitly refuses or opposes receiving euthanasia. This method is the commonly called, â€Å"mercy killing† method. Also, non-voluntary euthanasia is when a patient is incompetent and unable to express his or her wishes about euthanasia. Then there i s physician-assisted suicide, the patient is ending his or her life with a lethal dose of medication requested of and provided by a physician for that purpose (Brock). This method is alsoShow MoreRelatedArgument in Favor of Euthanasia Essay1913 Words   |  8 Pagesethical when it comes to facing death. Uhlmann (1998) mentions that individuals’ attitudes towards euthanasia differ. From a utilitarianism point of view – holding that an action is judged as good or bad in relation to the consequence, outcome, or end result that is derived from it, and people choosing actions that will, in a given circumstance, increase the overall good (Lum, 2010) - euthanasia could become a means of health care cost containment, and also, with specific safeguards and in certainRead MoreArgument Of Favor Of Active Voluntary Euthanasia1781 Words   |  8 PagesBenny Mutoni Ethics Society Argument in favor of Active Voluntary Euthanasia In this paper, I will discuss euthanasia and physician-assisted suicide and whether there are circumstances under which the two are ever ethically permissible. I will also be examining active and passive euthanasia and how philosophers view both differently. I will cite the text â€Å"Doing Ethics: Moral Reasoning and Contemporary Issues†, philosophers like James Rachel, and cases such as Dax Cowart and Brittany MaynardRead MoreArgumentative Essay On Euthanasia1302 Words   |  6 Pagesbehind Euthanasia In an ethics class I took in high school, I have learned about many controversial topics. One that caught my attention specifically was euthanasia or the â€Å"right to die† as some call it. There are many types of Euthanasia, including active and passive. In class we debated the difference between the two and why passive euthanasia is legal and active is not. Active euthanasia is defined as â€Å"a person directly and deliberately causing the patient s death.† (Forms of euthanasia) PassiveRead MoreShould Euthanasia Be Legalized?907 Words   |  4 Pagesactive euthanasia, which is a highly contentious issue in the United States. Voluntary active euthanasia is currently illegal in the United States. However, I believe that patients with terminal illnesses experiencing a lot of pain and misery should have the right to die the way they choose, with dignity, instead of being subjected to agony. People should be able to choose voluntary active euthanasia, if ever need be, w hich is why I believe that despite current policy, voluntary active euthanasia shouldRead MoreOpinions on Euthanasia and Assisted Suicide1347 Words   |  5 Pagesï » ¿Opinions of euthanasia and assisted suicide vary by country to country, and only a few nations permit euthanasia in the case of terminally ill patients (van der Heide et. al., 2007, p. 1957). The public discourse surrounding the ethical, and subsequently legal status of euthanasia is frequently heated and somewhat polarized, because the debate cuts to the very heart of notions of human rights and ethics. Unfortunately, this only tends to further obscure the issue at hand, which is in reality a fairlyRead MoreThe Morality Of Euthanasia By James Rachels1086 Words   |  5 PagesID: 3339147 Active Euthanasia Does James Rachels in â€Å"The Morality of Euthanasia† successfully argue that in at least some cases active euthanasia is morally acceptable? Explain his view and respond to it. In this essay, we are going to analyze the main ideas included in â€Å"The Morality of Euthanasia† by James Rachels to provide a response to the following question: Does James Rachels in â€Å"The Morality of Euthanasia† successfully argue that in at least some cases active euthanasia is morally acceptableRead MoreThe Ups And Downs Of Euthanasia1288 Words   |  6 PagesMi’esha Straughn Dr. Willis 12 October 2017 ENG 101/102 Mini Term The Ups and Downs of Euthanasia Losing a loved one is an experience that no one wants to go through. Moms, dads, aunts, uncles, and the like are all an integral part of life. However, what if one of these loved ones were terminally ill and losing strength day by day? Would one want to watch them suffer, clinging on to the last bit of life that they have, or would he want to help end the suffering in a peaceful manner? These are someRead MoreThe Argument Of Active And Passive Euthanasia1240 Words   |  5 Pages# 3 This essay will aim to focus on the arguments that author, James Rachel’s presents in his article, Active and Passive Euthanasia,† In his article Rachel’s argues that both passive and active euthanasia are morally permissible and the doctors that is supported by the American Medical Association(AMA) is believed to be unsound. In this paper I will offer a thorough analysis of Rachel’s essay then so offer a critique in opposition of his arguments. In conclusion I will refute these oppositionsRead MoreEuthanasia Essay1561 Words   |  7 Pagesethical issue of euthanasia, or mercy killing, concerns whether it is morally permissible for a third party, such as a physician, to end the life of a terminally ill patient who is in intense pain. The word euthanasia comes from the Greek words eu (‘well’) and thanatos (‘death’). It means a painless and gentle death. But in modern usage, it has come to imply that someone’s life is ended for compassionate reasons by some passive or active steps taken by another person. The euthanasia controversy isRead MoreFor Euthanasia Persuasive Essay1663 Words   |  7 Pagespain and suffering. Euthanasia is a word that most people avoid because it is very controversial. But why? Euthanasia is a way of ending the prolonging of suffering, while leaving life in peace. Euthanasia is derived from the Greeks where Eu means good and Thanatos means death. When these phrases are combined the word euthanasia is created; meaning â€Å"good death† (6.) There are three types of euthanasia although only two are authentic forms. The first type is active euthanasia. It is described as

Postal Rule free essay sample

In the modern world, technology had improved, the advance technology had led to a convenience life, and people can easily receive and send out a message and even a contract. The purpose of this research essay is to explain the detail of postal rule. The brief definition of postal rule is a rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror (Duhaime. org n. d). The postal rule was established in the case of Adams v Lindsell . This essay also will show weather the postal rule should or should not be continue, and the rules and method to determine the timing of acceptance sent by fax and email. Discussion of Findings Postal rule are being use of the modern technology style of communication of acceptance, which leads to exception to the general rule that acceptance has to been done by face to face between offeree and offeror. We will write a custom essay sample on Postal Rule or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This applies under a situation that a sender may mail an acceptance to a recipient inbox; in fact, the acceptance never reaches the recipient. If the parties between the sender and recipient loses or delays the acceptance mail, there is still a binding of contract. The following cases which applied to this rule. In Henthorn v Fraser , this case had noted â€Å"Where the circumstances are such that it must have been within the contemplation of the parties that, according to the ordinary usages of mankind, the post might be used as a means of communicating the acceptance of an offer, the acceptance is complete as soon as it is posted. If the sender had delivery the acceptance not by the method that the recipient had decided and the sender had knowledge and accept this as the method of delivery, there will be no binding of contract. There is no alternative ways. Next, the postal rule was state that there will be an acceptance even it wasn’t brought to the offeror’s attention. Since the acceptance was posted, postal rule will be applied. In a result, the court will have others opinion to decide which rule to applied. This following case would apply to the rule. In Household Fire amp; Carriage Acident Insurance Co. v. Grant , in this case, post office is the party between sender and recipient. The circumstances in this case were â€Å"If the post office be such common agent, then it seems to me to follow that, as soon as the letter of acceptance is delivered to the post office, the contract is made complete and final and absolutely binding as if the acceptor had put his letter into the hands of a messenger sent by the offerer himself as his agent to deliver the offer and receive the acceptance. In additional, postal rule do not apply when the contract had express specified terms. In Holwell Securities v. Hughes , Hughes granted Holwell an option to purchase his premises. This option will practice by notice in writing within 6 months. Holwell was posted an acceptance 5 days before the expiry date, but Hughes did not receive the letter. Holwell sought specific performance. The court was held, by requiring notice in writing, Dr Hughes had specified that he had to actually receive the communication and had therefore excluded the postal rule. This rule also applies on the Saskatchewan River Bungalows Ltd. v. Maritime Life assurance Co . In this particular case, the contract term incurred wording such as the acceptance must be received at the head office of X acceptance have to delivery with such method and only was acceptable or encouraged. There is another case that defines the postal rule, which is Brinkibon Ltd. v. Stahag Stahi und Stahwarenhandelsgesellschaftt mbH . In the case, communication were conducted internationally, and using a variety of communication method. The court first held that the general rule â€Å"A contract is formed when acceptance is communicated by the offeree to the offeror. If it is necessary to determine where a contract is formed this should be at the place where acceptance is communicated to the offeror. † This case is then decided with the instantaneous communication. Instantaneous communication may explain as the contract has completed where and when the acceptance was received. In the case of Entores Ltd v Miles Far East Corporation shows the different of acceptance between postal rule and instantaneous communication law. The fact in this case were a trading company that based in London send an offer by telex to a company based in Amsterdam. The contract was not fulfilled then Entores tend to sue the Dutch company for damages. The legal issue of this case were the court have to decide where is the contract had made. Regarding to the case, Lard Justice Bowen said â€Å"One cannot doubt that, as an ordinary rule of law, an acceptance of an offer ought to be notified to the person who makes the offer, in order that the two minds may come together. Unless this is done the two minds may be apart, and there is not that consensus which is necessary according to English law I say nothing about the laws of other countries to make a contract†. According to the rule of the law, a contract made at where and when the acceptance received, that was where the recipient is. Referring to Brinkibon Ltd. v. Stahag Stahi und Stahwarenhandelsgesellschaft mbh which also send an offer by telex. The court held the postal rule does not apply to direct/instant forms of communication (including telex). Instantaneous communication is a direct method of communicate, where and when the acceptance are received there will the contract had make. In opponent, postal rule will not emphasize on whether the receipt really received the acceptance, since the acceptance was post, there will be a binding of contract. Professor David Walker had mention that â€Å"The postal rule is an anomaly and inconsistent with the rules for acceptance by oral communications, telephones and probably telex, and with the rules for offers and withdrawals of offers. Whatever rule is adopted there will be a period of uncertainty, with one party or other not knowing whether the acceptance has arrived, but the balance of convenience lies in favour of a uniform rule that contractual communications are effective when they have been received. † Any delaying of sending and receiving information indicates high potential risk that both of the parties have to duel with uncertainty or issue that causing by the delay. It can be said postal rule are important to apply for few reasons. Now days, business agreement are often been done by mails or letter. Postal rule are to assure the written agreement and communication has legal effect if one of the parties has bad faith. Another reason for applying postal rule is that to prevent and avoid any business uncertainty regarding the timing of sending and receiving email contract. This is to protect both of the parties. For example, if sender X sends her acceptance one hour before the office hour end to recipient Y. Recipient Y left she work place earlier because her family members was injured in a car accident and she had apply an emergency leave to take care her family. Is already a few days after Y return to her office or Y has checks her mailbox and view the acceptance, the acceptance will be delayed. This situation is often happen in a work place. Due to the delay, both parties have to face and solve the problem that cause by the delayed mail. According to Gardner, contracting by email has been considered as the digital equivalent of the postal system. (Gardner 1997). Another potential reason of applying postal rule is to avoid human errors, such as fill in the wrong address, hack by third parties. Sending and receiving mail are depending on the network, what if there is a network failure? This might also the reasons that cause uncertainty. As a matter of fact, applying postal rule can prevent and avoid these uncertainties and have a definite time for mail contract. In the other hand, postal rule also creates difficulties. The offer can be accept without the knowledge of receipt, as long as the sender had post the acceptance. For example, sender A has post an acceptance to recipient B, but due to some reason the post of acceptance haven’t reach B. The recipient B then revokes offer before the receiving the acceptance and form another contract with party C over the same matter. Few days later, B had received the acceptance from A. In a result, B had breach his own contract with A. This sad situation was form because the exception rules of acceptance and the advances of technology. In some situation, postal rule had harmed the innocent parties. Postal rule had only benefited the innocent parties, which is the sender. The acceptance had been accepted and a contract has been form without the knowledge recipient. The sender has the right to assume the contract is binding as long as the acceptance was posted. The sender should have the intention to confirm with the recipient to make sure that the acceptance is knowledge by the recipient, not just assume that the contract are form when the acceptance was delivery. The question that whether postal rule should or should not exist it depend on the situation. The following paragraph will discuss what materials of communication should postal rule be used when postal rule are assumed should exist within the contract law. E-mail E-mail (electronic mail) is the exchange of computer-stored messages by telecommunication (Dr. Suresh, 2003). Email as an electronic devises, deliver billions of mails across the network every year. Email is usually not directly reach to the recipient destiny, the mail will send through the global network although the recipient is just a few doors next to your house. Typically, a mail only takes a few seconds to reach the recipient after it is sent. In fact the mail was delay or not been received due to the network failure or network over loading. Since mail is not directly delivered to its destiny, it is not instantaneously. In a result, the sender has no control over the message or the sure that the mail is actually reaching its destination. In this situation, postal rule should apply. In the other hand, the network operate properly, it form an instantaneously communication. Therefore, no one can say there is a delay that would cause the uncertainty for both party. In this situation, postal rule should not apply. Therefore, there is a grey area whether postal rule should apply in email. Telex Telex is a communications system consisting of teletypewriters connected to a telephonic network to send and receive signals (The American Heritage ® Dictionary of the English Language, 2000). Telex had been judge by the court where the postal rule should not to apply. This has been in the case of Entores Ltd v Miles Far East Corporation, 1955. The legal issue of this case is to decide whether postal rule should be applied to telex and it was held to be an instantaneous communication. Telex able to allow both party negotiate occurrence. In the other hand, the case of Brinkibon Ltd. v. Stahag Stahi und Stahwarenhandelsgesellschaftt mbH 1983 had examined when communication were instantaneous but not direct. In fact, Brinkibon case has a same result as Entores. The Lord Wilberforce had set guidelines to be used whether a form of communication may have postal rule applied: The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption, that they will be read at a later time. There may be some error or default at the recipients end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variations may occur. No universal rule can over all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgment where the risks should lie Therefore, postal rule should not apply in telex. Web-click contract Web–click contract is a web version of the shrink-wrap licensing agreement that comes into force when an online buyer or user clicks on the â€Å"I Agree† button on the webpage to purchase (business dictionary. com n. d). Web-click contract are agreement completed over the internet. The acceptance had been formed when the act of clicking the button of â€Å"I agree† by the purchaser. Once the button was pushed, it forms an enforceable contract. Referring Hotmail Corporation v. Van$ Money Pie, Inc 1998, the defendant have send a thousands of spam mail and set up many Hotmail accounts by using the accounts as a drop box. In a result, Hotmail obtain thousands of misdirected responses and also complaint about the spam. Hotmail sought a preliminary injunction preventing the defendant from using email service in the future. The court held granted this noting that the evidence supports a finding that the plaintiff will likely prevail on its breach of contract claim. The defendant has committed serious problems to the plaintiff. Therefore, postal rule should apply in web-click contract. Short message service (SMS) Short message service is a system that enables cellular phone users to send and receive text messages. The SMS have similar factors will email, it deliver message depend on the frequency. Both parties have no control over the message delivered. Therefore, short message service should apply postal rule. Conclusion The advance of technology had led to an abuse of posted message. Postal rule are create to protect the benefit for both of the parties. In additional, postal rule might create a grey area, it depend on the situation. Now days, the message are mostly delivered by third parties, such as post man or agent and by electronic media. The creation of postal rule has act as a guideline to prevent uncertainty occur between both parties. In my opinion, postal rule should continue exist, in terms of fairness between both sender and recipient.