Restrictions on Abortion

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3RU7AL
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@SkepticalOne
The only thing abortion restrictions tend to do is make abortions more unsafe. Is that moral?
does the anti-abortion crowd promote free (or super cheap) birth control and IUDs ?

that and better support for single mothers would very likely reduce abortions (and or "induced miscarriages") MORE than simply making them illegal
RationalMadman
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@SkepticalOne
Sure.

You support murder of fetuses old enough to be premature born babies being dubbed slaughter on a technicality, I support it coming under the murder law it should apply to.
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@SkepticalOne
"The only thing abortion restrictions tend to do is make abortions more unsafe." - SkepticalOne

Even if you disagree with Pro Life, I don't understand your statement,
Logically if it's against the law to carelessly abort, then there are going to be less abortions,

It's the same logic with outlawing prostitution or drugs like Krokodil,
Sure 'some people will break the law anyhow,
But less people, ideally.

There's also a sizeable number of Pro Life people, who'd be willing to allow abortions in various situations,
But so many people frame abortion debate as binary, well, they'd rather not kill a baby moments before birth, or 'after birth.

There's also Pro Lifer's who'd prefer it if people had to look at their ultrasounds, which if abortion was legal, would not in itself make the abortion more dangerous.
Danielle
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@Athias
Isn't that a gross exaggeration?
It's a slight exaggeration. 



Does Stand Your Ground or Castle Doctrine really describe one's capacity to kill someone for just walking on their property without their permission?
Depends on the jury. 


First, society & culture =/= government; 
I did not say they were equal or the same. 


second, rights are moral concepts. 
Maybe. 


They're primarily a product of reason, which analyzes action within a society and its culture.
Yep.


But they are uniquely "human."
Sure. 


A society can apply them uniformly or not, but "value" is individual.
Application is what matters. Rights are meaningless words unless a society recognizes them as governing.


Except the distinctions aren't reasonable. 
Most are. Some are more reasonable than others. 


I've stated numerous times on this forum that I considered myself a "true" pro-choicer;
Okay. 


I've argued against age of consent laws; 
Gross. 


and though I've never seen the topic brought up before your commentary, it would be reasonable to presume that I'm against the prohibition of sodomy.
That's good. 


Because, there's a single principle on which all these arguments are premised: self-ownership. 
We know. 


So I ask: when does a one's body stop being one's body? 
Never, although there are times stewardship over another's body might be appropriate.  


Why would one, who's presumably pro-choice, support any restriction on one's capacity to exercise an abortion if in fact, her body is her body?
I don't but I assume they  prioritize  other values and philosophical ideals over the NAP. 



That is not within the realm of your epistemological limit.
It's reasonable to make inferences based on context clues, but this is a red herring. 


All political ideologies are hypothetical ideals. Pragmatism is arbitrary execution.
No, the systems we operate under are not hypothetical. 


What is law without moral economy? Legal arbitration? Then you have no dog in this race since your stake is rooted in legal decision, the policy it favors notwithstanding.
I never said morality should be divorced from the law. I said tangential references to the NAP are useless to conversations about U.S. laws not only because I think it's a philosophically problematic ultimatum, but because it has no status and no impact or relevance to outcomes of policy that interest and/or affect me. 


Because the interpretation of nine government goons "matters more" than the individual, even if the burden of that concern rests solely on said individual?

In this country, yes. Welcome to the real world.

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@Danielle
No, the systems we operate under are not hypothetical. 
are they "fact-based" ?
Danielle
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@thett3
Is there not a point where the right to choose has been exercised? If a tenant and a landlord agree on a lease there’s a consequence for breaking it. 
Forced pregnancy is far more invasive than anything that has to do with property or the domicile. The constitution recognizes the distinction between violating property vs. person and  considers the latter to be far more significant (i.e. searches of one's person have higher standards than searches of one's property; forcibly inserting yourself into someone's home has a lesser criminal status than forcibly inserting yourself into someone's body, etc.). 

My references to property have only meant to highlight how much we value property and privacy when it comes to government intrusion. The Bill of Rights establishes that the government cannot even force someone to house a person against their will, let alone live inside of their body. If there's a hurricane coming, the government can't force anyone to take in  homeless people to save lives regardless of how immoral  you find it to leave them on the streets.  

Is there not a point where the right to choose has been exercised? 
Why should a woman's capacity for choice  end after ~5 months of pregnancy? Once again out of the 1% of abortions that occur late term, most have to do with considerations regarding health of the baby or mother who wants to be pregnant (so it's weird that you keep saying you have no sympathy for those making such a heart wrenching decision). But even if health risks weren't a factor, fetuses have no rights that would overrule the rights of the mother's nor should they, and that's what it comes down to.  It's not a matter of what you or I consider to be palatable. It's a matter of what power the state should have over citizen's bodies. Again, why should the government EVER have that type of control over someone's body even if another person's life is on the line? Every single aspect of rights as we employ them contradicts this.


It’s just weird because I know that every single person who has responded and said that yes they support elective abortions of healthy fetuses up to the moment of birth also supports taxes and other types of government policy.
Well it's weird to me that you've ignored every question and example I brought up about how problematic it would be to disregard bodily integrity. They are real concerns. Skinner v. Oklahoma was a case about forced sterilization preceding Roe where the Court acknowledged decision making power over child rearing belonged in the hands of the individual  and not the state.  Yet California sterilized almost 150 female prisoners  within the last ~15 years. And I think it was 12 states that at one point introduced bills to sterilize unwed mothers. Again, it comes back to what power the state should have over citizen's bodies.  

To your point, paying taxes is not the same as usurping control of another person's body and you know that. Even in cases we try to draw as close of a reasonable comparison as possible (say, military conscription) there's an expectation of compensation or quid pro quo from the state. People are paid when the government takes control of their property via eminent domain or sends them to the military. Should we start paying women for having babies they don't want at tax payer expense? That would be an interesting take but I don't support it. 



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@Lemming
There's also a sizeable number of Pro Life people, who'd be willing to allow abortions in various situations,
but these are unfortunately NOT the pro-lifers leading the charge (especially regarding new legislation)

So far this year, 22 states have enacted at least 85 pro-life laws, and there are some big jumps on this year’s Life List. Texas jumped eight spots to #12 after enacting chemical abortion protections and the first Heartbeat Law to take effect. Montana flipped its governor’s mansion in 2020 and moved eleven spots up the Life List to #32 by enacting six impactful laws including born-alive protections, chemical abortion reporting and safety laws, and a gestational age limit on abortion based on the baby’s ability to feel pain.

“This is incredible news,” said Jerry Cox, Family Council President. “Arkansans should be proud of their state legislators for enacting the best laws in the nation when it comes to protecting innocent human life. That’s something to celebrate.”

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@Danielle
Forced pregnancy is far more invasive than anything that has to do with property or the domicile. The constitution recognizes the distinction between violating property vs. person and  considers the latter to be far more significant (i.e. searches of one's person have higher standards than searches of one's property; forcibly inserting yourself into someone's home has a lesser criminal status than forcibly inserting yourself into someone's body, etc.). 

My references to property have only meant to highlight how much we value property and privacy when it comes to government intrusion. The Bill of Rights establishes that the government cannot even force someone to house a person against their will, let alone live inside of their body. If there's a hurricane coming, the government can't force anyone to take in  homeless people to save lives regardless of how immoral  you find it to leave them on the streets.  
perfecto
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@RationalMadman
You support murder of fetuses old enough to be premature born babies being dubbed slaughter on a technicality, I support it coming under the murder law it should apply to.
If an adult takes possession of an unwilling person we recognize it as a violation, but a fetus has no such restrictions?  I mean, there's really only two choices: self ownership (and people using their bodies in way we might not approve of personally) or no reasonable expectation of rights. Pick your poison.

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@Danielle
This post is the last thing I have to say on this topic. I think it’s totally ridiculous to say there’s no point at which the right to choose has been exercised (months and months isn’t enough apparently) and the interests of the other party start to take precedence, but that isn’t even how I really view it. The bond between parent and child is sacred, dismembering your 8 month old fetus and throwing it in the trash can isn’t something society should permit  

Lemming
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@3RU7AL
Well, I meant more, this,

"Late term abortion
The Dutch Termination of Pregnancy Act allows abortions to be carried out up to the 24th week of pregnancy. This is the point at which the fetus becomes viable outside the mother’s womb. Late-term abortions – after the 24th week – are excluded from the Termination of Pregnancy Act and fall under the criminal law. Doctors have a duty to notify them to the review committee.
Late-term abortions may be performed only in exceptional circumstances. The following due care criteria apply:
  • The unborn child must have a disorder so serious that medical experts believe that medical treatment following the birth will be futile. There must be no doubt about the diagnosis and prognosis;
  • The unborn child must be suffering, or must be likely to suffer following its birth, with no prospect of improvement;
  • The mother must make an explicit request for the pregnancy to be terminated on the grounds of the physical or mental suffering the situation is causing her;
  • The physician must have given the parents a full explanation of the diagnosis and prognosis. This means that both the physician and the parents must be convinced that there is no reasonable alternative solution given the child’s situation;
  • At least one other, independent physician must have examined the child and given a written opinion on compliance with the due care criteria listed above;
  • The pregnancy must be terminated with all due care."

Though I'm not saying I agree or disagree with the above.

But it 'is a problem with the law,
That it's not always enacted the way people would like,
They may think X should be illegal, but then the legislature assigns a punishment for X, that the people think is way too severe,
Though they 'still think X shouldn't be legal.
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@SkepticalOne
@RationalMadman
You support murder of fetuses old enough to be premature born babies being dubbed slaughter on a technicality, I support it coming under the murder law it should apply to.
If an adult takes possession of an unwilling person we recognize it as a violation, but a fetus has no such restrictions?  I mean, there's really only two choices: self ownership (and people using their bodies in way we might not approve of personally) or no reasonable expectation of rights. Pick your poison.

No, there are more than 2 options, the US is the only pro-choice country where such extreme is even in the fucking discussion.
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@3RU7AL
The only thing abortion restrictions tend to do is make abortions more unsafe. Is that moral?
does the anti-abortion crowd promote free (or super cheap) birth control and IUDs ?

that and better support for single mothers would very likely reduce abortions (and or "induced miscarriages") MORE than simply making them illegal
If you're asking me, as a left-wing person that supports limiting abortion to the first trimester and supports public healthcare, yeah I support the former stuff.
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@thett3
The bond between parent and child is sacred,
which principle and or specific religious teaching do you base this on ?
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@Lemming
or must be likely to suffer following its birth, with no prospect of improvement
this describes every single person ever born
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@Lemming
i think i understand your impulse for some "reasonable middle-ground"

and that's been the PROBLEM up to this point

we've been writing laws based on "what people can agree on at the moment without thinking too hard about it"

and this creates a SHIFTING LEGAL LANDSCAPE based on whim without every identifying PRINCIPLES
Lemming
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@3RU7AL
Well, there's pain, and then there's pain, some people would say.

Why do you think some people choose to exist just fine,
Until they acquire X disease, then they request assisted suicide?

There's pain, and then there's pain.

Though I'm not saying I agree or disagree with the above.

Even if one identifies moral principles,
People of different natures and nurtures,
Are going to hold different moral principles, I'd figure?
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The bond between parent and child is sacred
'My God, My God, Why Have You Forsaken Me?'
Danielle
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@thett3
That's fine. Your position is just an appeal to emotion. The "sacred bond" between a parent and child has no relevance or justification to government controlling people's bodies or disregarding the right to privacy. 

And don't you think your focus on third trimester abortions (1% of cases) seems a little weird? Even if that's something you feel very strongly about, you could have responded to all the important and relevant points I made about rights, blowback, court precedent and limitations of government to explain why Roe is correct in establishing viability as a threshold for personhood. I think that's where the crux of our disagreement lies vs. someone like Athias who has a position on government that's totally divorced from reality. But you chose to ignore all my contentions and reiterate opposition to throwing babies in the trash can. While that is certainly your prerogative, I think it says quite a bit.  
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@Danielle
 But you chose to ignore all my contentions and reiterate opposition to throwing babies in the trash can. While that is certainly your prerogative, I think it says quite a bit.  


Don’t take it personally I really enjoy your posts even if I completely disagree with them a lot of the time. I’m just done talking about this topic, there’s nothing left for me to say that I haven’t already said 


And don't you think your focus on third trimester abortions (1% of cases) seems a little weird?
It would be weird if the topic was about abortion in general but it’s about where the line is so it makes sense that we would talk about extreme cases 
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@thett3
Under Roe, the right to an abortion is guaranteed under the right to privacy. That's also part of the rationale for the Griswold v. Connecticut decision in 1965, which recognized a right to contraception for married people – and eventually, everyone else.
Danielle
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@thett3
It's cool, I'm just disappointed because I don't find our conversation as futile as the one with Athias where we fundamentally disagree on the role of government. I was hoping to get to a place where I convinced you that legal rights > moral preferences.  However I understand that it's hard to separate the two.

This topic takes a lot of working through and is very emotionally charged. I think the fact that there is such a partisan divide  shows there is room to reason with people that are willing.   I didn't read your posts to other people so I think there's a lot you haven't said (to me),  but I understand wanting to move on. 

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@Danielle
fundamentally disagree on the role of government
please explain
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@Danielle
legal rights > moral preferences
what are "legal rights" based on if not moral impulse ?
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@Lemming
The only thing abortion restrictions tend to do is make abortions more unsafe." - SkepticalOne

Even if you disagree with Pro Life, I don't understand your statement,
Logically if it's against the law to carelessly abort, then there are going to be less abortions,

It has been shown abortions occur at roughly the same rate whether they are legal or illegal:

Abortions occur as frequently in the two most-restrictive categories of countries (banned outright or allowed only to save the woman’s life) as in the least-restrictive category (allowed without restriction as to reason)—37 and 34 per 1,000 women, respectively.


Lemming
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@SkepticalOne
I 'do see a lot of webpages stating that abortion does not decrease if made unlawful,
But I'm also able to find webpages that suggest making it unlawful 'does decrease abortion,
I'm 'inclined to think you have a point,
But I'm also inclined to think that abortion rate depends on multiple variables,
One of which would be the legality or illegality of abortion,
If the other variables are not addressed, then I'd agree making abortion unlawful, alone, might not have as much of an effect as one wants.

But arguably, societies and laws change by degrees,
My worry for a number of Anti-Gun laws for instance,
Is that they edge towards a far greater ban on guns.

Don't feel a need to read the below unless you want to,
I include them only to say I'm not convinced that banning abortion would have no effect,
Or not be a moral stance/action.

I also don't agree with the 'logic of Roe V Wade, if it is as people say,
"right to privacy" that protects a pregnant woman's liberty to choose whether to have an abortion." - Roe v. Wade - Wikipedia
As to me, the issue isn't 'about privacy.

Danielle
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@3RU7AL

>> fundamentally disagree on the role of government

please explain

He seems to thinks the sole function of the state is to preserve the same exact rights for every single born human without exception, and presumably advocates for the abolition of government in favor of a system of private property that would (theoretically) be enforced by private agencies in the free market -- whereas I do not. 


Danielle
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@3RU7AL
>> legal rights > moral preferences 

what are "legal rights" based on if not moral impulse ?

What I meant is that while rights are moral concepts,  in a free society it is not the place of some to impose their moral standards on others any more than is required for the society to reasonably function. In other words we cannot regulate or criminalize everything we find to be immoral. Some examples of things I find immoral that should not be illegal includes, but is not limited to, being filthy rich and not philanthropic; disowning someone for being LGBT; disregarding the physical and emotional needs of elderly family members; showing favoritism to one child over another;  being a disrespectful little bitch; etc.



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@thett3
I would agree that most rights come from self ownership or ownership as a concept. But like all rights, there are limits on how far they can go. People have compared this to property rights, but property rights are actually super complicated once a tenant gets involved, because once another person is involved there is a complicated balancing act of competing rights and interests. If a landowner allowed a tenant to live in their property for a period of time even without a lease they can't just kick them out in one day, there is a legal eviction process that must be followed that takes weeks or months. This is because our society recognizes that the rights of the landlord must be tempered with the interests of the tenant.
More so, the government's pandering to prejudice. But no matter what the interests of another are, one's property is one's property until justifiably alienated.  

People being thrown out on the street without due notice to find another place is bad for society. The landlord has a right to evict, but not the right to remove a tenant immediately like one would with a guest. When it comes to pregnancy, the woman has self ownership but there is another party involved who will literally die if the abortion takes place. If there is a point of long enough occupancy at which a landlord consents to undergoing a legal process for eviction if he wants to remove the tenant, there absolutely is a point in pregnancy where a woman consents to carrying the child to term. Several months is more than enough time to think on the issue.
This is perhaps the best argument I've seen against abortion if we're using current U.S. legal framework as our measure. It exposes the hypocrisy and contradictions (and boy, are there many of them...) within the mainstream pro-choice advocacy, namely the rhetoric of typical left-wing ideologues and demagogues. But in discussions I engage, legal framework isn't the measure. Moral principle is--name individualist morality. Before law, there must be morals. But I'll address that a bit more in my response to Danielle.

This is just talking about it under the "property rights" framework which I don't fully agree with.
Why does current legal precedence make more sense to you?

I believe that parents have an obligation to their children that supersedes their other rights. The parent-child relationship is the most sacred bond in the world and it underpins every aspect of a healthy society.
Personally, I agree. But why does this bond create an obligation? Why does this sacred bond compel the service, labor, and body of the parents? Essentially, why do the parents OWE the child?

Parents have the right to give their children up for adoption and absolve themselves of their duties not in my view because of their "self ownership" but because usually it's the best choice for the child if they can't take care of it. It's a way of exercising that obligation by doing the best they can with limited options. The idea that a parent has the right to order their 8 month fetus to be dismembered and thrown in the trash...no way. Especially when the alternative in America, which has more families wanting to adopt infants than there are infants these days, is that the child will be raised by a loving family in a first world country. 
If you're in fact indicating that children (born or not) should always take precedence, then why should any non-child subscribe to this?
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@Danielle
I did not say they were equal or the same. 
I'll give you the benefit of the doubt. When you stated this:

Danielle Post #199:
Rights are a product of society and culture (government).
what were you indicating?

Maybe. 
They are.

Application is what matters. Rights are meaningless words unless a society recognizes them as governing.
Application does matter, but it first starts with the values of the individual.

Most are. Some are more reasonable than others. 
Any rationale inconsistent with its own premise is not reasonable, regardless of how "selective" the rationale's conceiver is.

Gross. 
Understandable.

Never, although there are times stewardship over another's body might be appropriate.  
Can't argue much here. Though...

I don't but I assume they  prioritize  other values and philosophical ideals over the NAP. 
Selectively.

It's reasonable to make inferences based on context clues, but this is a red herring. 
Knowing what someone wants--especially a person with whom you don't even remotely have an intimate relationship--is beyond your epistemological limits. It's not a red herring; it's a statement.

No, the systems we operate under are not hypothetical. 
They most certainly are. Government is nothing more than a thesis statement. Exchanging goods and services, civil interaction, organization, etc. are not contingent on the aforementioned "operated systems."

I never said morality should be divorced from the law. I said tangential references to the NAP are useless to conversations about U.S. laws not only because I think it's a philosophically problematic ultimatum, but because it has no status and no impact or relevance to outcomes of policy that interest and/or affect me. 
What role should morality play?

In this country, yes. Welcome to the real world.
I'm not ready, yet. I'm fine, here, in Minos' labyrinth.