POLI 330 Week 5 TCO Assessment Questions

1. Question : (TCO 4) What are your initial, nonlegal, thoughts on this case? How would you decide it based on your own belief structures? For example, if you were the judge in this case, would you would allow Mr. Trident to leave the hospital, thus bringing about his death? Or would you feel for Mr. Trident but side with the hospital because he clearly is not in the right mind to make such decisions for himself? Or would you perhaps side with the hospital because people should not be allowed to refuse medical treatment or go to the extreme of ordering the hospital to aid in the shortening of his life so that he did not have to suffer a painful death? What would you do? Please put some thought into your answer and provide at least 4–5 sentences as you explain it. Student Answer: In this case I would have to side with Mr. Trident. A psychological review was made by a psychologist which found him to be sound of mind and capable of making his own decisions. Given the facts of the case to which Mr. Trident knows what is before him, he should be released from the hospital. As the 14th amendments states "Nor shall any state deprive any person of life, liberty, or property without due process of law." On that statement alone Mr. Trident is free to do as he pleases even if the doctor(s) feel they have a moral right to keep treating him nor leave the hospital. Mr. Trident has the right to decide for himself knowing that his circumstances do not allow him to live a fulfilling life anymore. I believe this circumstance both falls on moral and legal reasoning in my opinion. Instructor Explanation: Answers should reflect the student’s initial reaction to the case and his or her thoughts behind what should be done. They should also be at least 4–5 sentences long. Points Received: 5 of 5 Comments: Question 2. Question : (TCO 4) What is the difference between moral and legal reasoning? Student Answer: Moral reasoning is based upon personal views rather than legal considerations. Legal reasoning focuses on what the law states only. Moral reasoning can vary with cultural beliefs, whereas legal reasoning is more static within a nation. Legal reasoning is concerned with precedent. All of the above A and C only Instructor Explanation: Refer to the Week 5 Lecture and reading.