The US COVID-19 Law: Naturalist and Positivist Perspectives Essay (Critical Writing)

On March 20, 2020, the United States of America handed a regulation that successfully dangled asylum processing to people who is likely to be transferring to Mexico or Canada. The regulation issued by the Center for Disease Control and Prevention was meant to mitigate COVID-19 within the nation. The regulation utilized to all folks touring to Mexico or Canada, and all immigrants with out legitimate paperwork within the nation. Only people who meet all the necessities shall be permitted to hunt asylum. The regulation is practiced when the United States (US) is in a well being disaster brought on by the worldwide pandemic (COVID-19). This report explains the views of a naturalist and positivist on the US COVID-19 regulation.

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How a Positivist would have a look at this Legislation

Analyzing the laws in context, a positivist would take into account the regulation an applicable measure to guard the United States residents from COVID-19. A positivist would take into account the truth that the regulation was issued by the National Health Department answerable for mitigating the unfold of the worldwide virus (Somek, 2017, p. 1). Coronavirus has immensely hit the world, and important detrimental impacts have been reported in international locations that should not have adequate measures to manage the virus. Countries which have left it boarders open have suffered an accelerated unfold of the virus as a result of folks from different international locations will not be adequately screened to make sure they’re protected to enter the nation. Being a worldwide pandemic, every nation wants to guard its folks from the lethal virus.

One of the measures taken by the United States of America is the regulation of individuals searching for asylum, particularly from different international locations. The positivist would argue that state borders are essentially the most harmful factors within the unfold of COVID-19 (Kichloo et al., 2020). The virus doesn’t transfer from one level to a different by itself, however it’s carried by individuals who transfer from one nation to the opposite. It is essential for each authorities to guard its borders and controlled the variety of people coming into or leaving the nation. Through these containment measures, the federal government will considerably scale back the unfold of the Corona Virus.

Further, the positivist will view the laws to painting that the federal government as a involved agent who’s prepared to guard its residents from exterior assaults of the virus (Kichloo et al., 2020). The positivist would additional argue that if it weren’t for the federal government’s measures in place, the state of affairs can be worse as we speak within the United States. These are the determined occasions that require any authority to take strict measures to guard residents from the unprecedented pandemic.

How a Naturalist would have a look at this Legislation

A naturalist might argue that the laws goes in opposition to the pure regulation. The denial of asylum seekers from sure international locations the flexibility to entry the service is likely to be seen as discrimination in opposition to human justice. Natural justice advocates for equal therapy of individuals no matter the place they arrive from (Christie, 2019, p. 1). The proven fact that even people and minors who’ve been screened by the immigration division and regarded dangerous have been denied the service, the naturalist may have a look at this as a deliberate effort by the federal government to disclaim noncitizens important companies through the pandemic. Further, he may take into account the disputes between America and Mexico as the idea of prohibiting folks from Mexico the flexibility to hunt asylum within the US. Lastly, a naturalist will take into account the coverage as an effort to scale back the variety of asylum seekers within the US expeditiously.

Reference List

Christie, G. (2019) Canadian regulation and indigenous Self? Determination: a naturalist evaluation. Ontario: University of Toronto Press.

Kichloo, A., Alberta, M., Dettloff, Ok., Wani, F., El-Amir, Z., Singh, J., and Chugh, S. (2020) ‘Telemedicine, the current COVID-19 pandemic, and the future: a narrative review and perspectives moving forward in the USA’, Family Medicine and Community Health, 8(3): e000530. doi: 10.1136/fmch-2020-000530

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Somek, A. (2017) The authorized relation: authorized idea after authorized positivism. United Kingdom: Cambridge University Press.

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