Not Quite Speechless ....
ElectricFetus said:
Then what beleifs can be imposed by way of law? Wrongness of murder, theft and rape are just beliefs.
I think there is an
objective,
observable,
empirically testable response that might well provide a starting point.
• If you believe in alien abduction and anal probing, so what? To the other, if you pass laws making it illegal to say there are no EBEs, and alien anal probes are just a sex fantasy, you have visited your belief on another person.
• Murder, theft, and rape all visit harm on other people.
Can you tell the difference?
The problem I have with this course of discussion is that while you're trying to be helpful and break it down for those who just don't grasp the elements of the issue is that the answers are usually obvious, but the only real answers you'll get are not from the people such oblique methods are intended to enlighten. To wit, those two bullet points above? I already know
you don't need the difference explained to you.
A fetus is a more then a fertilized egg. Your a fertilized egg, this is the problem of defining these things everyone be alluding to.
This point is already acknowledged insofar as we have restrictions on abortion at all. The question is whether life begins at conception (wrongly defined by anti-abortion activists as fertilization instead of implantation) explicitly includes zygotes and blastocysts. Thus, to point out what is already acknowledged, i.e., that a fetus is more than a zygote, does not advance the discussion at all or address the fundamental nature of LACP. Rather, the point dodges the issue.
Again, I already know
you don't need the difference explained to you.
ah so this is some golden rule standard, well back to the first point: what can we impose on others and why? for we need to impose some morals on others in order to have a functioning civilization. Taxes for example are imposed on us to provide for others, law impose inhibitions on my freedoms to increase the freedoms of others (like my freedom to murder is curtailed so others have freedom not to be murdered), why can't murder cover fetuses?
Thus, as you bring your argument around (and bear in mind the practice of "fisking", which is popular here, and potentially interferes with people's ability to view the entirety of your argument) I can confidently remind what you already know—that the legalities outside of forbidding abortion are just too complicated for the anti-abortionists. You'll find it in this thread, its former version, and many prior discussions of the abortion issue.
Briefly, from earlier in the thread:
Tiassa: And therein we find a practical issue: In the past, some have suggested that investigating menstrual irregularity is far too complicated, and therefore absurd or extreme. But if the child existing outside its mother were to die unexpectedly, society would put some effort into finding out why. The organism living inside another woman? ....
.... You're now looking at investigating nearly one in three women at some point in their lives? And then add to that menstrual irregularity?
This is where the problem arises:
Equal Protection means investigating potential homicides cannot be pushed aside for an entire identifiable class of people simply because it is too complicated or expensive.
If a society declares a fertilized ovum a "person", and includes in its laws an assertion of Equal Protection (e.g., Amendment XIV, USC), you must afford
every person that protection ....
.... It's not that I don't see the point when someone simply says it's absurdly complicated to enforce the law this way, but that's part of the point:
It is also our obligation under LACP.
Well, unless we want to amend the Constitution to strike the Equal Protection Clause from Amendment XIV and the Due Process Clause from Amendment V.
The response, as usual, was that someone would call the idea
"absurd" and a "straw man". That is, the legal obligation to provide equal protection under the law to
all persons is apparently irrelevant to life at conception
personhood. And you can watch that particular version of the "it's too complicated" argument go on for a couple pages at least. But one of the key protestations:
Billvon: Again, only in your mind. I agree, if we had people who thought like that running things, we'd have problems everywhere.
In other words, we would have problems everywhere if, in acknowledging the personhood from conception (or fertilization), we also extended to those people their
Constitutionally inalienable rights.
And therein lies the difference. The LACP argument isn't actually about the organism inside the mother; it's about women.
That is, we can avoid the problems of equal protection for these "people" if we simply exclude them from those Constitutional guarantees. Thus, a zygote is a person insofar as it can stop a woman from having an abortion, but not insofar as we have to put any other effort into it.
Or, as Billvon described his objection to equal protection of these "people":
"Fortunately, most people are more rational."
And that alleged rationality is why murder doesn't cover fetuses in the U.S. at present. To the other, we also have fetal homicide laws, ostensibly passed to protect pregnant women from domestic abuse and other violent crimes, that have largely—in some cases almost exclusively—targeted mentally ill women.
Again, it's not actually about the organism inside the mother; it's about women.
I think this might be because of religious factors, to them a fetus is not yet "born with sin".
That only undermines the religious argument for LACP. All people are born into sin. If the fetus has not yet been born into sin, it is not a person.
One of those logical conundra that rational people apparently never resolve because it's not rational to do so. Or ... something like that.
I don't know, but what you have done is divert the issue away from the fundamental question of why a mother right to choices trumps a fetus's right to life. You trying to avoid answering that question, last you were claiming a mother has the right to choose if a fetuses can live (even though you claim you never would harm a fetus of your own), why does she have that right though?
I would remind the following:
• This thread is a few months old, and over 450 posts long.
• There is a former version of this thread.
• There are at least a few prior, long, acrimonious discussions of the abortion issue.
• Even in this thread, there is already at least
an answer to your question;
see posts #
14 and
16, for a place to start.
After a while, it's true that we get a bit impatient. Perhaps you might recall our earlier discussion of
misogyny and if men could be pregnant.
And what does that come down to, for anti-abortionists?
"So...let me see if I have this straight. Because men cannot get pregnant women should have unimpeded choice regardless of any consideration of personhood?" —Syne
In some issues, people don't seem to think through what they're saying. Consider
Billvon's response to your consideration of personhood:
"That is a good point, one often missed by both sides in the debate."
It's an interesting way of phrasing it. It's also bullshit. That is, when the point is already on the record from one side of the argument, how can one say it's missed by both sides?
See #14 for an early iteration in this thread; the response is generally to pretend that one cannot comprehend the difference between an organism living inside one's body, attached to it in order to feed off it, and one who exists independently, without the umbilical cord attached. There is also the occasional radical suggestion of, "What about a woman who wants to abort the baby outside her body before the cord is cut?" It's a ridiculous proposition, as any doctor who would do that shouldn't have a license. It really
is a weird phenomenon:
I have a dry-foot policy because in all my time trying to figure that mystical threshold of personhood, I have not found any other solution.
It's not a point that's missed. Rather, it is a point expressed on one side that the other has no response to. There are certainly ways around this problem; if there is no guarantee of equal protection under the law, all of this goes away. You know, if we do what Billvon considers more rational: either ignore or abolish equal protection under the law.
Can the one I don't stop still be charged with murder?
And therein lies the point. One of them could and would be under existing law. The other, well, that's what the abortion argument is about, isn't it?
Again a fetus is not a reproductive organ, a fetus is a person, or at least a potential person. All I'm asking is for you to explain why a mother can murder her fetus but not her baby?
Fallopian tubes, uteruses, and cervixes are all part of a woman's reproductive system. Your question relies on the ill-advised exclusion of how the zygote, blastocyst, or fetus survives. To the other, this is one of those things I know you're already aware of. In the end, fine. Give the woman her right over her reproductive organs, and not the organism leeching off it. She can simply have a procedure done that will secure her reproductive organs against that leeching. Of course, it results in the termination of the leeching organism, which all comes down to the same thing.
And for all these things you already know but keep asking, it's not that I don't see a purpose in encouraging people to make the point pabulum simple. But after all this time, and this many discussions, what positive effect on the discussion do you actually expect? It doesn't matter what people say—
—if they're just going to be greeted with embittered sentimentality.
No, really. Go back through this thread and count the number of times people encounter retorts like Syne's, noted above? When the discussion involves one side making detailed arguments and the other side reducing that argument to an inaccurate slogan, people do weary of such thoughtless, dismissive behavior.
You're trying to grant them a sense of logic:
Again a fetus is not a reproductive organ. Let take a different angle, if a women has a teratoma growing off her that the doctors said will eventually pop off rather painfully and life threateningly as a independent human being, does she have a right to have it removed? Does the growth of said mass on her back verse her uterus change that answer? I don't think it does, nor would the answer change if the women was a man. The question you need to ask is does a person have full legal control over what goes on in their body (not in a specific organ or part) and does this right include the allowance to kill potential people?
As I noted above, all a woman has to do is secure her reproductive organs, then, and the result will be deprivation of the organisms ability to leech. The distinction you draw between the fetus and the reproductive organs is semantic at best; it has no applicable value.
To be brief and definitive: Yes. No. Yes.
To be a bit haughty: At some point, these unreal hypothetical situations are irrelevant to reality.
Well I would first need to see the argument that semen is as valuable as a fetus is as valuable as a person first. Technically masturbation has been considered a sin off and on throughout human history.
The argument would be an article of faith. Human males waste sperm by the hundreds of thousands, if not millions. Women cast off unused eggs on a regular basis. To you and I, this seems self-evident. Setting aside the historical sin of masturbation, which had more to do with gratification than potential life, if enough people buy into the article of faith that every discharge of sperm from a man should be devoted to fertilizing an egg—regardless of urination, and accepting that of the many sperm cells deposited in the woman, only one is normally expected to be put to use—does that suddenly become a viable logical argument?
There is what we can observe. There is what we believe as a result of what we observe. And then there are the pure fantasies that we believe.
There is
no logical argument against wasting sperm unless you're trying to restart a devastated human species and prefer masturbation or onanism.
Why stop there, you see a 15 week child and a 15 year old one, either is going to be murdered, which has more right to life and why? One of the weakness of my argument is that the value of a person is an age gradient, therefor a 15 year old is more valuable then a 15 week old, one might argue that a 15 week old has no chance of fighting back unlike the 15 year old so the value needs to be recalculated in favor of the infant, but that would go for the fetus as well.
On this one, I can confidently suggest your response utterly misses the point.
If I was living in her womb, perhaps.
I can't wait to hear the explanation of how you would do that.
No, no, I don't mean just because you probably won't fit in your current state. I would like to see the fetal decision-making process explained according to that context.
Precisely, can you provide any?
There are none, as long as we reject the longstanding presupposition that individual people have any rights at all.
Why, what separates the two?
Independent physical reality.
Yep, so why is that wrong?
You're following a problematic trail here, though I'm sympathetic.
Some consider the obvious answer a straw man, circa the equal protection argument. That is to say, given the number of miscarriages that occur? Consider an
earlier example in response to the idea of prosecuting miscarriages:
"Yes, women who do so much cocaine that their 36 week old fetus (a date when not only is the fetus viable, it is no longer even a high risk premature birth) is stillborn might see charges."
And it's a fine example that actually happens now and again. But it doesn't address women being prosecuted for falling down the stairs, or having mental health problems.
So to go back to examples that have previously been denounced as absurd straw men:
• Woman is pregnant, but cannot afford to sit at home without working. While at work, she trips and falls, resulting in a miscarriage. Under LACP and equal protection for that "person" inside her, she must be prosecuted for negligent homicide.
• Woman is pregnant. Husband is driving home from dinner. A car pulls out in front of them. He slams on the brakes. Her seat belt causes a miscarriage. It is determined that the husband was doing what many people do, driving in excess not of the speed limit, but what is known in states as a "basic speed rule" pertaining to weather, visibility, and road conditions—a little bit of rain, and you're speeding by driving at the speed limit. Under LACP and equal protection for that "person" inside the mother, the husband must be prosecuted for negligent homicide.
The counterpoint, of course, is eugenics, that some people should similarly be prosecuted for reproducing when they have a genetic propensity toward one or another disease—cancer was the example, but heart disease, diabetes, and other conditions would also apply under that suggestion.
And of
course this is absurd. That's part of the point. However, as some would have it, the "more rational" thing to do would be to simply ignore the Supreme Law of the Land:
Personhood for the zygote, blastocyst, or fetus in order to stop a woman from having an abortion, but not for anything else. That's not how it works in the U.S. And, like I said, the problem could be cleared up by abolishing equal protection under the law. That is, we can amend the Fifth and Fourteenth Amendments to fix this problem.
Why is it wrong to prosecute women for miscarriages?
See #108 for a couple of examples; as I noted then, these absurd tales exist
without LACP as the statutory outlook.
And we can say what we want about fetal homicide laws being passed to protect women, and we can say what we want about pregnant crack whores, but the
living reality is that some states prosecuting women for falling down the stairs, having mental health issues, and other such things.
Well I would think a right to live usually trumps others rights, has nothing to do with an outlook on women, women should have all the same rights as men, it just it could be argued that men nor women have the right to kill, and that killing a fetus is killing. The alternative is not to strip women of rights, of personhood, but to strip the rights of the unborn, of their personhood. Its a mean call to say that one person is not a person and that another has the right to kill that non-person, but making that call or not someone is going to get shafted: the mothers or the fetuses.
That personhood is asserted by others, not the "person", without rational merit, and entirely for sentiment. Of
course the fetuses get shafted.
They exist entirely inside and are wholly dependent on a living, independent person.
And that living, independent personhood is no more or less than what we recognize of
any human being. It is already established, defined in its own existential context. The personhood asserted on behalf of fetuses extends that condition to something that exists in a
different context.
(Just as a random curiosity that occurred to me, though it's hardly of any useful merit here,
if there is no existential difference between a fetus and a person,
then why does the folk and literary tradition of vampirism describe a form of evil?)
Perhaps you need to explain why its not genocide. Mind you that not my argument, that common pro-lifer tripe, and you respond to it by merely implying they are ignorant and not disproving them upfront, that is pathetic!
What is the affirmative argument that it
is genocide? Proving a negative condition is often problematic, but the obvious starting point is that it would be a new addition to the classification process for what constitutes genocide. Zygotes, blastocysts, and fetuses are not a tribe, nationality, religion, &c. It seems we're bending the rules of genocide to include the unborn, but then again, just how does that affirmative argument of genocide work?
Lastly, I would offer a more general comment about this whole discussion:
Life at conception personhood was conceded at the outset. We are, I'm sorry, how many posts into this, and that's still the argument people would rather have? Why? Goddess fucking grant that someday I will understand why it is that a woman's humanity is so goddamned scary to people that they would rather focus on arguing about what was already conceded ... at the freakin' outset. Holy shit.
Sorry, just needed to get that one off my chest.
Really, that's not aimed at you, it's just symptomatic of the moment. I mean, I
get the whole devil's advocate thing. But
personhood was conceded at the outset.
You're asking for logic to accommodate those who have steadfastly
refused that logic for years. So perhaps we might look at this from a different angle. Okay, fine. So, personhood at conception. What happens next?
And
look whose humanity is absent from that consideration.
The majority of the human species.
I would say I'm speechless, but obviously I'm not.