Question
Thecaseof BowersvHardwick enabled theSupreme Courtto declarethatstateshavea legitimaterightto repress certainkindsof adultsexualconduct, eventhoughitisboth consensualandenactedin private. Discussthe caseand theCourt'sreasoning.Comparedto Lawrence and GarnervTexas, whatconclusionsaboutour privateconsensualsexualpracticesdoyou draw? Is sodomy a
ThecaseofBowersvHardwickenabled theSupreme Courtto declarethatstateshavea legitimaterightto repress certainkindsof adultsexualconduct, eventhoughitisboth consensualandenactedin private. Discussthe caseand theCourt'sreasoning.ComparedtoLawrence and GarnervTexas,whatconclusionsaboutour privateconsensualsexualpracticesdoyou draw? Is sodomy a case of 'harmful wrongdoing'?
[15] I. Is consensual sodomy a violation of the "harm principle"?
II
[5] A) What is sodomy? Define sodomy as it applies to the Court decisions.
[20] B) What were the main legal arguments for repressing sodomy presented by Justice White in the majority opinion in the 1986 Supreme Court case of Bowers v Hardwick?
[20] C) What were the main legal arguments for reversing Bowers v Hardwick presented by Justice Kennedy in the majority position in Lawrence and Garner v the State of Texas in 2003?
[10] D) What do you think about the "legal" arguments? Are they morally convincing? What do you think about the legal arguments? Are they morally convincing? Explain why they are or are not convincing by giving reasons that support your choice.
[10] E. What do you think about the "moral" arguments concerning consensual sodomy? Does consensual sodomy violate the harm principle? [20] III. Summary: Repeat the general position for which you have argued, and a summary of the reasons/conclusions for each case
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