donnie_darko wrote:
The problem with this argument is - the fetus is not her body. Even the placenta is only half the woman's body.
I'm all for women's rights, I just don't see abortion as being in the class of women's rights. I see it as a contentious life issue, such as the death penalty.
You're being deterministic, here. While the foetus and the placenta might well not be the woman's body, I see that issue as entirely irrelevant. In balancing the mother's right to life, liberty and security of the person (I am using the Canadian formulation of that right, others will need to read this
mutatis mutandis), against a putative right held by a being that has not yet become a person in law, there is no argument--the rights of a life in being prevail over putative rights of a life that is not yet a legal person.
But even if we were to create a legal framework in which a foetus' had a right to life, the law would still be obliged to balance those competitive interests. So even if we were to change the law to impute legal personality to a foetus, we would still not have a determination of the instant question, because the same right is being contested by both parties.
Generally speaking, in conflicting disputes, I will come down on the side that best permits both parties interests to be least infringed. That is why I set my political and legal tolerance for abortion at the limit of viability.
Prior to twenty weeks gestational age (based on current medical knowedge and practice), any right to life possessed by the foetus is moot--the death of the mother will necessarily involve the death of the foetus. The foetus cannot, I suggest, be described as having a crystalized right because the foetus cannot exercise that right independently of its physical link to its mother. (As opposed to, say, a profoundly disabled person who can still independently exercise an independent right to life with reliance upon equipment such as a respirator.)
Exactly. I'm happy to see one of the more mature responses to this thread rather than a lot of the s**t slinging that has been going on. Not that everyone else is taking part in the s**t slinging, but it's pretty abundant.
[Damn. How different are you from an abuser really, if your compassion is that conditional? I've never got the idea that vengeful people really cared about the victims. I more get the idea they are bloodthirsty but care too much about the law and what people think of them to say such things about people who haven't done anything wrong.
False equivalency. Doing unto a scumbag as that scumbag does unto others isn't equivalent to a scumbag doing unto others as they wish for self-gratification.