Jurisprudence: American Legal Theory

Problems are most likely to arise if legal positivism is used to deal with the issue of abortion The core concept is that legal status of abortion will keep on changing with this approach . Abortion is dependent on law . Two decades ago abortion was illegal in United States and was a punishable act (George 1999 . This legal restriction did not allow women to have their own choice . They did not have the right to their health because abortion was a crime in the eyes of the law (Garfield Hennessey , 2000 . Thousands of

women were subjected to risks which eventually forced them to have secret abortions . This made them criminals in front of the eyes . Here moral obligation was ignored . Legal positivism is not arbitrary when it comes to the issue of abortion

However , the interpretive approach towards abortion not only protects women , it also protects their health . From this perspective , there is a relationship between legal and moral obligation . The woman has the right to abort the fetus which morally and legally accepted . Abortion is an individual rite of women which is asserted in the first amendment very clearly (Garfield Hennessey , 2000 . Abortion cannot be denied in to protect the lives and health of women . Based on moral obligation , the life of a woman is more precious than the unborn child

Pregnancy is an issue which requires privacy . In legal positivism , the government can compel the woman to carry the unwanted pregnancy which is a revolting concept . In interpretive approach , it is hands of the woman to abort or not abort because moral obligation will be taken into consideration . It is compatible with the ideals of individual privileges and freedom . Legal positivism focuses on bringing unwanted children , the result is that these children are abandoned and have a bleak future...