history, a bystander would not be expected to rescue a victim in peril. American legal history has never placed a duty to rescue another except in the situations outlined in section II. Two hundred years of jurisprudence cannot be implemented quickly because the freedom of inaction has been ingrained into the American psyche.VI.Constitutional LawThe Constitution and the Bill of Rights are most relevant in deciding whether such a statute should be passed. Because of the Supremacy Clause, New Jersey would have to insure that the passage of such a statute would pass muster. Noted Constitutional scholar and Supreme Court Justice Joseph Story wrote that: "A man has a perfect right to life, to his personal liberty, and to his property; and he may by force assert and vindicate those rights against every aggressor. But he has but an imperfect, right to charity even if he is truly deserving it" where these imperfect rights " may not be asserted by force of law, but are obligatory only on the conscience of parties.' VII.ArgumentThe proposed bill is not a good idea for the sole reason that the American way keeps a better faith in the minds of its citizens. What I mean by that is, people from America when acting in good faith, do choose to rescue victims voluntarily. This is the ideal rational to implement when considering the duty to rescue. There are numerous factors that make the passage of the New Jersey statute impractical. These factors include moral, psychological and historical aspects of American culture.As stated, morality holds an unusual place in American society. I believe morality sometimes shapes American law. However, this is only incidental and not unique. Law in American society sometimes contains morality but often does not. Although American society is Christian and conceivably adopts the morality of Christianity, it nonetheless values aims that directly contradict that Christian morality. For example, Christia...
