[quote]Varqanir wrote:
[quote]pat wrote:
[quote]Varqanir wrote:
[quote]Aragorn wrote:
[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.
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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 :)[/quote]
Even if the law presumed that the fetus was a natural person (which is without precedent in all of common law, as well as in Hammurabbic and Judaic law, as I understand it), with all rights afforded a natural person, we would still be talking about the issue of homicide, not murder. Murder is always unlawful, homicide is not. The burden is to prove that the homicide of a fetal “person” is unjustifiable, on a case-by case basis. Otherwise we would have to rule that every homicide is unlawful, regardless of extenuating circumstance.
And if you want to start talking about logistical problems of enforcement, one of the rights a natural person has is the right of citizenship. Let us assume that tomorrow a new constitutional amendment were ratified granting all living fetuses equal status with natural born persons. This would mean that every pregnant woman on US soil is carrying an American Citizen in her womb, regardless of her own citizenship or that of the baby’s father. No pregnant illegal alien could be deported, and all a foreign woman would have to do to stay in this country and receive benefits would be to get knocked up. You might try to stipulate that the baby had to be conceived or carried by a US citizen, or conceived on US soil, but how could that possibly be tested or proven? We talk about slippery slopes: this is a slippery sheer cliff that seems to me to be practically insurmountable. [/quote]
We’re simply talking about giving the right of the unborn human to live, nothing more. There are no logistical problems with that. Allowing the killing of human lives simply because it may cause logistical problems is valuing logistics over that of a human life. So you clearly believe that logistics are superior to a human life, if you believe that life should be taken because not taking it would cause logistical problems.[/quote]
Extrapolation of what I “clearly believe” from my finding the logical holes in Aragorn’s argument might prove to be problematic.
Personally, I believe that all living human embryos, by virtue of their humanity and life, have, as you say, the right to life. Whether that right is protected by law is an issue I am not personally equipped to tackle, as I am not involved in either writing the law or interpreting the constitution so that a law protecting that right may be written.
My issue with what Aragorn wrote has nothing to do with my believing that a human life should be snuffed out because that life itself might cause logistical problems. It has everything to do with the suggestion that conferring the legal status of personhood on the unborn may pose legal problems that are without precedent in our society. What is a person, what rights does it have over and above the right to life, and how many of these rights should be afforded to the unborn? If you have the answers to these questions, and believe that the ramifications of the answers are acceptable, then once again I invite you to look into Rand Paul’s fetal rights bill, which if it were to become law would effectively overturn Roe v. Wade, and give it your utmost support.
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Personhood is too subjective a criteria to determine what possesses it and what does not. Without the clear definition of that, I stick to human life. Granting a human life the right to live should not create much logistical problem as it is the most basic of human rights. In fact it is already protected by law in many cases in where you can be arrested for homicide for killing a mother’s unborn child. Or the fact that you can be arrested, tried and convicted of double murder for the killing of a pregnant woman, as in the case of Scott Peterson.
I don’t see the problem really, the rest of the 'right’s you are talking about can simply be applied upon accessibility. You cannot give a person you cannot get any other rights than the right to be left alone; whether they be a hermit deep in the mountains or a human deep in the uterus. They should have the right not to be killed. Even illegal aliens have the right to not be killed, though they are not protected by constitutional rights. For these lower level rights, a person needs to be able to make their mark.