Instigator / Pro
6
1780
rating
30
debates
98.33%
won
Topic
#3528

THBT: On balance, the US ought to make abortion illegal.

Status
Finished

The debate is finished. The distribution of the voting points and the winner are presented below.

Winner & statistics
Winner
6
6

After 10 votes and with the same amount of points on both sides...

It's a tie!
Parameters
Publication date
Last updated date
Type
Standard
Number of rounds
3
Time for argument
One week
Max argument characters
17,000
Voting period
One month
Point system
Winner selection
Voting system
Open
Contender / Con
6
1724
rating
27
debates
88.89%
won
Description

THBT: On balance, the US ought to make abortion illegal

BoP:
The burden of proof is shared.

RULES:
1. No Kritik.
2. No new arguments are to be made in the final round.
3. The Burden of Proof is shared.
4. Rules are agreed upon and are not to be contested.
5. Sources can be hyperlinked or provided in the comment section.
6. Be decent.
7. A breach of the rules should result in a conduct point deduction for the offender.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

Yes, I changed my mind upon review. I apologize for taking so long to vote.
Full decision and analysis (over 3.5 Thousand words):
https://www.dropbox.com/scl/fi/97ia4f02gbaydahjfltdl/Untitled.paper?dl=0&rlkey=r2ezb6gm3zms7h87q3ptofleq

Excerpt documenting final section:
I judge debates on the strengths and weaknesses of arguments. Pro’s moral equalization established that the unborn ought to have human rights and protections carrying the same rights as a born individual. Con does not propose any criteria, he calls it irrelevant to his case, however, if this is true, as the instigator shows, how does con establish that anyone has rights at all? He says his argument applies “the existing legal standard for granting rights to persons and examine the consequences of extending it to all the unborn,” however he does not attempt to justify the current legal standards in respect to pro’s argument, and this harms his position. It also clashes with his previous assertion: “I have no criteria for personhood.” Both propositions come in conjunction, and I am left as a voter to defer to the grounded and consistent argument, not the ontologically vacuous one.

Con has the less philosophically consistent framework, his position does not attend for this counter. Con also states that I ought to assume that all reasons for abortion are justified, ignoring pro’s moral equalization arguments. This entails that I ought to also assume that they are justified for killing born children, and the implications for this are drastic and unaccounted for. Con does not engage with this point when countered, thus I grant it to the instigator.

Next, con falls to the slavery analogy as his position entails that we ought not to ban slavery if such a ban causes any form of structural violence at all. While focusing on the absolutes of pro’s case, he forgets about the absolutes of his own syllogism, and pro exploits this mistake quite well. This is proponent from flaw (II. a), and con does not deal with this in his argumentation while pro deals with the majority of his own flaws. Con’s conception of structural violence was vague from round one, and while seemingly clarified in round three, the criterion does not do due diligence, it can seemingly be applied to any policy. It also isn’t clear is to why con’s justification for 15 weeks is sufficient because if such a policy created structural violence (Flaws II. e), even if just to a single person, con also tells me it should not be implemented, This is self defeating. I can only conclude that the syllogism that con defends is poorly constructed so long as he does not falsify his own policy as in-congruent with premises one and two.

As for pro’s syllogism(s), he is able to defend that the notion of “illegal,” always entails exceptions, and consequently, his position does not commit him to arguing that every single abortion that exists will be prohibited.

Addressing impacts, I give con the upper hand in establishing harms stemming from this policy, at least potential harm given that his data does not seem to give me a more strictly empirical analysis of the majority of them. However from pro’s sources, it is clear that the legality of abortion in part creates such a large demand and expansion of it, and I get the impression that the removal of abortion services in the public domain has a deterrent effect. There is a slight epistemic gap here as con does not prove that abortion bans do not decrease abortions (comparing undeveloped and developed countries without controlling for pregnancy rate does not demonstrate this). Thus, con convinces me that there will be both harm and structural violence that exists as a result of this policy, just not to a sufficient degree that offsets the killing of people proven to have a morally equivalent right to life to born children especially as pro counters many of the proposed impacts from the contender.

My verdict: con’s argument suffers from reductions, and is logically unstable. This is enough to shift me from voting a tie to voting for the instigator narrowly. Pro could have argued much better, saying such may even be an understatement, but his case is on balance the stronger of the two. Deductive arguments go to pro for the aforementioned reasons.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

In R1, Bones states the burden of proof within this debate is shared. Bones refers to a study saying 96% of biologists believe that life begins at fertilization. It has been shown that this is not true (see in my comments). Con states that policies that inflict structural violence ought not be implemented and making abortion illegal would inflict structural violence. In R2, Pro argues that abortion bans do work. Con gives some more sources arguing that bans don't work. Pro's main issue here is that they haven't argued that the number of abortions prevented outweighs the structural harm mentioned by Con. In R3, Pro moves this debate into, if the unborn should have rights at all, without adequately defending against the harms and lack of shown benefits to his proposal.
Con closes with Pro having violated Rule 2 which is "No new arguments are to be made in the final round.” My opinion of the debate is that Con has more convincing arguments and better conduct.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

https://docs.google.com/document/d/1cygx85Yt7pDjS65jVxrgyjq_ftp6k_3HzK3X2nSzOwk/edit#

What a debate. I missed out on many small points and clashes, but I hope I made enough sense. Feel free to contest me on any points I've made.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

https://docs.google.com/document/d/1tCv13jOLlGAQZMd-wrOh9sx1TH6R7DWdswtbTTEtccw/edit?usp=sharing

This was a good debate, although long and convoluted. I hope this RFD made sense. If not, I can clarify.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

Overall, I think Pro wins on personhood. Obviously, Con's case did not rely on this, and Con took the path of arguing that abortion bans fail from a policy perspective. It's a risky strategy, but let's see if it pays off.

R1:

Con argues a number of harms from abortion bans. These arguably don't outweigh the harm caused by abortion, but he also argues that abortion bans don't work anyway. I suspect "whether abortion bans work" will decide the debate. He also argues about several rare scenarios (and as I'll address later, I think Pro wins this point in the end by arguing for exceptions.)

R2:

Pro points out some flaws with Con's source and argues that abortion bans do work. Pro argues from principle as well. Con gives some more sources arguing that bans don't work. Pro's main issue here is that they haven't argued that the number of abortions prevented outweighs the structural harm mentioned by Con. It will depend on the strictness of "new arguments" and what counts as expanding on an earlier argument in R3 if Pro has a shot here.

R3:

Pro argues exceptions well here, but that doesn't get them out of the woods yet. Pro argues here that abortions have decreased by a lot (as they mentioned earlier) which does seem like it would outweigh the structural harms given and I don't think Con specifically rebuts this all that effectively. I won't criticize Pro as contradicting themselves on utilitarianism; I think their argument is that abortions should be banned no matter what because they are immoral and they don't contradict themselves. They do argue effectively, however, that banning abortions would also succeed in the benefits outweighing the costs (a framework that Con establishes rather well), so as a result Pro's argument still works.

Now it's Con's turn. There's an appeal to emotion at the end that comes across to me as annoying, but that's probably due to my bias and I won't hold that against them. Con reiterates several of the harms from earlier and argues that we should assume all abortions are justified (Pro did better arguing morality, so I don't think Con wins on that point.) But Pro's numbers (as Con points out) don't address abortions that people could obtain in other countries. If the burden of proof is equal, Con hasn't established that abortion bans will fail (their sources aren't perfect either and plenty of bans for other things work) but there's one point that settles things (at least imo):

Con stated in R2 that "And Pro helpfully provides another way to avoid prosecution, since he claims that mothers “are merely ignorant to all the facts”, which makes malice aforethought impossible to establish (this also undercuts his Dopamine Room argument - you can’t both claim that they have perfect reproductive knowledge of pregnancy and every associated risk while simultaneously claiming that they’re prone to accepting reproductive misinformation). This alone destroys most of his solvency." Pro didn't respond to this directly, and it does seem to provide a loophole that destroys their argument. The examples of solvency they gave didn't allow such loopholes. Arguably, if anyone can get away with an abortion easily, the only harms to women are time wasted on investigations and patient-provider trust. But still, this helps Con.

Con wins on a few small details, which isn't great, but they do poke holes in Pro's argument. In the end, I can't give the win to Pro if there are several points they don't address that would destroy their solvency entirely. I'd have liked if Con restated the last point in R3, but a win is a win.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

Reasons in comments

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

Reasons fully explained in comments.

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

Pretty much, this debate comes down to a single question which Bones poses and reiterates throughout his rounds. The question is, is the unborn alive? If yes, then the damages of legalising and structualising abortion results in the deaths of the unborn which far outway the harms which whiteflames cite. If not, well, that would nullify Bones’ entire argument - however, Bones knows this, so he dedicated his entire 1st round to proving that the unborn ought to have rights. If whiteflames wanted to go down the route of asserting that the fetus doesn’t have rights, they would have to address the philosophy, which they pretty much didn’t. Whiteflames’ entire case was “making abortion illegal would result in bad things for the women such as XYZ” but as bones said, this is only the case if we assume that the unborn doesn’t have rights, which whiteflames essentially assumes (I will cover their rebuttal of bones’ case later, but they are evidently secondary in his argument and very short).

Bones also brings up the slavery example which is quite extrodinary - it is that EVEN IF we give whiteflames the benefit of the doubt and say that even if having no abortion causes structural violence to a greater extent than rights of the fetus, this STILL is not a reason to kill it the fetus because they have rights even if their utility is lower.

Whiteflame’s only attempt at disapproving the philosophical grounds of bones’ argument is his refutation of the inconsequential difference (he only refutes the others through showing that they do not have “solvency”, which, essentially, concedes the philosophical aspect and argues instead on the pragmatic front. However, as bones says, the pragmatic falues for whiteflames, because the killing of the fetus is worse than that of banning abortion)

Whiteflames’ attempt to use the argument onto the fertilisation stage is disingenuous. As bones said, IN THE FIRST ROUND (preemptively) “ To contend PRO's criteria of biological humanity entails that no human, born or unborn, have rights. Our society is one which grants moral rights to humans, so we can grant that it is axiomatically true that humans have rights, and thus my position too, axiomatically follows”. Whiteflames never engages with this and merely repeats themselves.

The only way he could have won was to say that the unborn ought not have rights, but as bones had already preemptively destroyed this position and exposed the inherent flaws (first argument from him), they probably knew to stray away from there. To end with some opposites, I'll cite some issues with bones and positives of whiteflames. The issue with bones is that 1. He speaks too complicatingly and 2. He dropped his dopamine experiment which is unstoppable. Also, he should have mentioned the words “structual violence” when refuting, and made explicit the fact that whiteflames is contributing to structural violence, something which bones should have clearly mentioned. The good thing with whiteflames is that his case appeals greatly to emotion - it is difficult not to think about the pains of the mothers who are denied abortions. However, bones does come back and make this philosophical and puts a rational objective lens, which is where he wins.

I’ll leave with this, which pretty much recaps the entire debate - Whiteflames entire case is the “structural violence” of banning abortion, however, as bones says, If the unborn are human beings, the effects of killing them is more immoral than the effects of banning abortion”, essentially underminding CON’s entire case.

Good jobs to both contestants!

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

With pro's proposal seeming to wish abortion to equal first degree murder, and no problem with miscarriages equaling manslaughter, and no benefit listed for anyone from this, it's a wide margin win for con.

...

R1
Pro lengthily attempted to frame con's stance in his opening, which as I can't see whatever discussion they had outside this debate, became highly awkward to read.
This became worse under the rule of shared BoP, and pro opening with trying to move the goalposts onto con based on declarations con presumably made in a PM? I can only grade based on the debate that's been presented, to include con's lack of having made various statements about if fetuses are or are not people.

Pro moves on to declaring that abortion is in fact already illegal via being first degree murder... I've never understood why anyone thinks such an impassioned declaration is effective at changing peoples minds. Worse, it's a piece of hyperbole which is notoriously easy to flip.

Con opens with a completely different stance than the one pro promised he would have.
I dislike the term "structural violence" but with it supported by an EDU site, I'll not dismiss it out of hand as hyperbole...
Ok, con brings up harms from forced non-viable pregnancies being carried to term. Con follows up with abortion bans likewise banning birth control in general; which seems to fit well with pro's definitions of personhood.
Con uses a source from Duke University for likely increased mortality rates which might be caused by such a ban.
Con brings up suffering of babies (I dislike pathos appeals, but it was supported with evidence). And follows up with how the legal system would punish woman for miscarriages (apparently 26% of pregnancies end in miscarriage anyways).
Con gets into statistics of abortions not being prevented by bans, further questioning the benefit of the proposed policy.

R2:
Pro argues that extenuating circumstances could be argued as a defense during the criminal trails, which therefore makes it best to still make it illegal.
Pro moves back to his attempt to pre-define cons burdens, seeming to wish to talk about when personhood should begin rather than the policy benefits of his proposal...
Pro dismisses the effectiveness of abortion bans with "were the case that abortion bans did not work, the fundamental immorality of unjustifiably killing a human being still remains." This doesn't actually challenge what was presented, merely says he wishes to go ahead with the law regardless of the cost/benefits analysis. Using obvious propaganda sites to challenge edu sites only makes this worse.
Pro ends this round with a defense that women who suffer miscarriages wouldn't necessarily be investigated for murder under his proposal, instead planned parenthood would be... This is a critical fault found in the proposal, and I can't make sense the defensive logic here. It's a weak round from him, exemplified by seeming to complain that the opposing case was "complex" and "utilitarian" as if either thing is inherently bad.

Con leverages pro's slavery argument back around, as another form of structural violence, which ought to be prevented.
He moves on to mostly repeat himself; a highlight of this is women already being sent to prison for manslaughter if they have miscarriages in the USA.

R3
Pro ties to move this debate into if the unborn should have rights at all, without adequately defending against the harms and lack of shown benefits to his proposal.
Con closes with mostly more repeats (what looks like some copy/pasting of his previous rounds).

Criterion
Pro
Tie
Con
Points
Winner
1 point(s)
Reason:

RFD in comments.