[quote]Varqanir wrote:
[quote]Aragorn wrote:
If we accept the premise of the pro-life argument that an unborn fetus is a person under the law and entitled all the rights and protections other persons under the law are, should we allow murder to be legalized for convenience? Should we allow murder to be legalized because of a logistic problem in enforcement?[/quote]
Your post is a bit difficult to understand, but I’ll try to parse it as best I can.
I can accept the premise that a fetus is alive and human, because this is self-evident. I don’t accept the premise that it is a person under the law, because it is not, and never has been. A natural person attains its personhood by virtue of being born. The unborn are by definition not persons, as the law currently stands.
You cannot “legalize murder”. Murder is by definition unlawful. Just as you cannot legalize theft or extortion. You could, but it would cease being theft or extortion.
What you can do, and what is done, is make some homicide lawful, and other homicide unlawful. Homicide in defense of one’s self or another (or property, in Texas) is legal. Homicide in a military context is legal. And currently, homicide in the context of ending an unwanted pregnancy is legal.
Murder is malicious, unlawful and unjustifiable homicide. The majority of abortions are perhaps unjustifiable, but almost never malicious, and currently almost always legal.
Now, back to prohibition. Has the prohibition of cannabis been an effective or ineffective means of controlling cannabis use?
If the state legalizes cannabis use because of the logistical difficulties in enforcing its prohibition, does this mean that we should allow methamphetamine and PCP to be legalized for the sake of convenience?
Of course not. But surely there are fundamentalist anti-drug advocates who would make this facetious argument.
[/quote]
Ok, let me see if I can clear up my very rambly writing style for ya. Not quite formal premises here, but do it bullet point style
- Fetus is both human and alive. Undisputed except for the crazies.
- The question of abortion centers around the personhood of the fetus (as law defines a person for purposes of protecting their rights)
- Pro life’s position is that a fetus is a person.
- Persons are protected by law from being killed–If you prefer I could parse this semantically but I believe you know what I am getting at. Obviously there are exceptions for persons in the commission of a violent crime on another person (self defense), or threatening police, or violently trespassing (castle law etc etc).
Now,
5) If you accept–for the sake of argument–pro lifers position that the fetus is a person under law, do you or do you not decide that murder of a fetus, being a person, is still legal due to logistical problems of enforcement? In other words do you decide to violate a person’s inalienable rights?
I do have a point here, if you humor me ![]()