A Critique of Judith Jarvis Thomson’s A Defense of Abortion, Part III
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One thing I don't get is why all the philosophical mumbo jumbo?
If Roe v Wade were overturned each state has trigger laws, some would outlaw abortion while others would protect it.
Do you plan to engage a maturity registry where each women found pregnant she would have to visit a doctor once a month to prove the fetus is still alive?
Do you wish law enforcement to monitor all pregnant women?
If a pregnant woman left a prolife state to a prochoice state would you have her arrested when she returned? The same if she left the country
Will you have review of all doctors who perform abortions for medical reasons?
If there is probable cause will you place pregnant women in prisons for 9 months until she gives birth, and if she is not able to care for child would you forcible remove the child and place it in some adoption system?
All I here from pro life is "save the baby" "save the baby" but ask "how to you plan to implement a abortion prohibition, all you get is silence.
In addition we have had Roe v. Wade for 40 years do you really think it will be that easy to repeal?
In addition, addition: There is growing movement of women having children out wedlock and women not having children at all, do you think some women at least reject child bearing based on women's rights of privacy are being invaded for simply party politics?
Syner,
The thing is that abortion is largely a philosophical question. In fact, murder is a philosophical question. Why is it wrong to kill an adult human being? Science can't tell you that. It's a philosophical concern as to why it's wrong to kill another human being. I just suggest we apply that standard consistently to the unborn. Thomson's A Defense of Abortion is a philosophical article defending abortion, so it requires a philosophical answer as to why her reasoning fails.
Regarding your questions about law enforcement checking up on pregnant women, it's just nothing more than scare tactics. The reality is that making abortion illegal will not change anything regarding a pregnant woman's privacy. Police must have reasonable cause before they accuse someone of a crime or investigate them. If there's no reasonable cause to suspect that a pregnant woman's miscarriage was intentional, then she won't be investigated. That's how the state of law enforcement works now.
Also, if a woman leaves the state to perform an illegal activity where it is legal, the law has no grounds on arresting her for it (just like, due to our ex post facto laws, if abortion were made illegal, no women who had abortions while it was legal would be tried for their abortions).
So needless to say, most of your questions are not grounded in reality. I'm not trying to be rude, I'm just being honest.
There's no need for silence on your question about abortion prohibition. I would assume it will revert back to how it was before abortion was legalized across the country with Roe v. Wade. If a woman is discovered to have had an abortion, she would be granted immunity if she gives up the name of the abortion provider she saw.
I think the tides are turning, that people are seeing how much of a horror abortion truly is. Slavery was legal for a long time before it was finally abolished. In addition, abortion was illegal in this country for much longer than it has been legal.
Women have many different reasons for rejecting child bearing. But a right to privacy does not give someone the right to commit murder. I'm sure you would agree that spousal and child abuse should not be allowed, even in the privacy of the home?
The thing that I dislike about science fiction scenarios is that they distort reality and thus distort often one's moral judgments. For instance, Thomson could have changed her scenario even more by saying that the act of opening one's window is intrinsically linked to the creation of people seeds and to the entry of these people seeds into your house or wherever.
The problem, though, is that then she'd have to justify why opening the window would be intrinisically linked to the creation of people seeds. The problem with science fiction scenarios is that they don't test our real-world intuitions because they create a new world in which intuitions may be completely different from the world in which we live now.
Abortion is a Constitutional issue not philosophical one.
reasoning fails.
If Arizona
made abortion illegal the police now have a mandate to protect children from
their own mothers. You also seem to forget abortion is an incredibly emotional
issue and given the abuse by the police forces in this country against illegal
drug use, women’s rights will be trampled on.
**Ga.
Law Could Give Death Penalty for Miscarriages Mother Jones **
http://www.motherjones.com/blue-marble/2011/02/miscarriage-death-penalty-georgia
Any miscarriage will be investigated in default, how would
you know if the miscarriage is legitimate or not unless you do investigate?
An Arizona
woman visits her doctor and finds she is 10 weeks pregnant. She drives to Nevada and gets an
abortion. She returns to Arizona
visits another doctor, the doctor pulls
her records and finds she was pregnant. The doctor contacts the authorities and
the woman is arrested for murder of her child.
But this is what you wanted; abortions are murder, women who
have abortions in other states will be tried for murder, if they return back to
Arizona. I
would also add if Arizona did make abortion illegal it would take much effort
to simple extradite the woman from Nevada and face trial for murder in Arizona.
Most of my questions are grounded in reality, if you think
abortion is murder, and then you will do everything in power to prevent it.
**New Study Shows Anti-Choice Policies Leading to Widespread
Arrests of and Forced Interventions on Pregnant Women** http://rhrealitycheck.org/article/2013/01/14/new-study-reveals-impact-post-roe-v-wade-anti-abortion-measures-on-women/
Privacy in your own home?
Various examples of your rights to privacy.
The police can not put gps on your car.
Police need warrant for GPS tracking: court
Reuters.
Supreme Court limits police use of drug-sniffing dogs
Reuters
Court Says Police Need Warrant for Blood Test – Supreme
court
Marijuana Smell Not Enough for Traffic Stop: Massachusetts
Supreme court
Kyllo v. United
States: the police cannot use thermal
imaging to search your home from the street.
As long as the police have probable cause they can knock
down your door and search your house, and sometimes these leed to death, as in
this example.
Kathryn Johnston shooting Wikipedia
http://en.wikipedia.org/wiki/Kathryn_Johnston_shooting
If a woman is not allowed to have an abortion the state can
pry into her personal for just the slight chance that she might seek an
abortion. Thus she doesn’t have the same rights as men.
Syner, there is no Constitutional right to abortion. In fact, before Roe v. Wade, the unborn were considered persons legally protected by the Fourteenth Amendment.
Abortion is a philosophical issue. You can't argue whether or not abortion is right or wrong without making philosophical arguments. And to reiterate, Thomson's article is a philosophical defense of abortion, so it requires a philosophical response to show why her reasoning fails.
You're still resorting to scare tactics. Making abortion illegal will not put miscarrying women at risk of going to jail. Abortion was illegal for almost 200 years in this country before it was legalized. Women didn't go to jail then for miscarrying, they won't if it's made illegal again.
You said,
"In Arizona a woman visits her doctor and finds she is 10 weeks pregnant. She drives to Nevada and gets anabortion. She returns to Arizona
visits another doctor, the doctor pulls her records and finds she was pregnant. The doctor contacts the authorities, the woman is arrested for murder of her child."
You obviously are not reading what I write very closely. I already responded to this scenario. If a woman goes and has an abortion in another state if it's legal, then returns to a state where it's illegal, she will not be tried. I'm guess you don't know how extradition works. A person is extradited (if the country will extradite) if they commit a crime, then flee the country. Not the other way around. Cuban cigars are illegal in the United States. If you go to Cuba and smoke them then come back, you won't be arrested (or fined, whatever the penalty is).
Again, your questions are not grounded in reality. You're simply resorting to scare tactics to try and make your case. Abortion is immoral because an innocent human being is killed. Killing innocent human beings should be illegal (as it is, generally), so abortion should also be illegal.
@Clinton Wilcox
Post Roe v. Wade the unborn were considered as persons they were protected by the 14th.
What Supreme court case invoked the use of the 14th to protect the unborn before Roe v. Wade?
Do you have source?
Scare tactics hardly, you just haven’t fully thought out the
ramifications of this country were the state are enforcing different abortion laws.
Ga. Law Could Give Death Penalty for Miscarriages
So this article is bull? It doesn’t happen?
What about this then?
Outcry in America
as pregnant women who lose babies face murder charges
http://www.guardian.co.uk/world/2011/jun/24/america-pregnant-women-murder-charges
Women don’t go to jail if they miscarry, you said yourself
women who miscarry will be investigated, because abortion is illegal its sets
the bar lower, women will be automatically be suspect especially those who are
poorer, which usually always the case,
Cuban cigars and abortion are not comparable. In your own language abortion kills human beings how does that compare with smoking a cigar?
You claim that abortion is murder. As an Arizona law enforcement agent you have a citizen that committed a crime of murder in another state and now has returned. You have records she was pregnant and now she isn’t it doesn’t matter what state
she had the abortion, abortion is still a crime, the baby is clearly dead, this
women would be arrested.
My questions are not grounded in
reality? The problem is you haven’t thought it out.
I do, in fact, have a source. In his book Defending Life: A Legal and Moral Case Against Abortion Choice (Cambridge University Press, New York, NY, 2007), legal scholar Frank Beckwith talks about that prior to Roe v. Wade the unborn were persons legally protected by the Fourteenth Amendment, and that this was one of the jurisprudential challenges that the Supreme Court had to overcome in order to legalize abortion in the United States (pp. 21-22). Anti-abortion laws were set in place in the 19th century (though it had never actually been legal in the United States prior to quickening, which was the time the medical practice believed a human being existed, now they know it exists at fertilization).
I have, in fact, thought out the ramifications of my views. I think you just don't like the idea that a pro-life person has an answer to your challenges.
I never said that women who miscarry will be investigated. I said that they won't, unless there's reasonable cause to suggest she willfully aborted. You're taking my words out of context.
It's irrelevant that Cuban cigars is not like abortion. The principle is the same. If she commits an act in a country or state which is a crime in another country or state, but is not in the one she commits an act in, she will not be tried for that act when she returns. This is a simple concept. I'm not sure why you're having difficulty understanding it. So no, your questions are not grounded in reality. And since you're not reading what I'm writing and just reiterating your points (rather than responding to mine), I'm going to end our discussion here. You can have the last word, if you wish.
"Cuban cigars and abortion are not comparable. In your own language abortion kills human beings how does that compare with smoking a cigar?"
Wow. Way to completely miss the point.
Her rationale could be because God (magically) made these two things intrinsically linked.
I disagree that wondering about the logistics of illegalizing abortion is just a "scare tactic". If you are pushing for illegalization, it is not unreasonable to ask what you think should happen to those who perform and seek abortions.
Since you want to bring up slavery, the Union did not have a "plan" to deal with the mass of uneducated, unskilled, finacially unstable and feared people that were now citizens. This ultimately led to the KKK, the horrible practices of Reconstruction, Jim Crow laws, lynchings, terrorism against African Americans and systematic discrimination which the effects of which are still felt to this day.
No one argues that abolition shouldn't have been supported. Quite simply, a great deal of the negative effects in America could have been prevented by having a plan in place. Countries that addressed the issues abolition posed head-on had a much smoother transition and didn't require a civil war to have African slavery abolished.
I doubt anyone wants the US to end up like El Salvador or Ireland, where women die instead of getting life-saving abortions because of the abortion laws. Or, maybe this is not a concern for SPLers? Perhaps you guys feel that any woman that may unfortunately die or is negatively impacted by a poorly thought-out ban is a small price to pay to save "babies"?
Clinton Wilcox
Pre Roe v. Wade how many
women were actually prosecuted for seeking an abortion, in the middle of having an abortion, and how many women were charged with murder after they had an
abortion? I don’t get the impression women were actually tried if they had an abortion in the pre Rove v. Wade America.
Women now in some state
are being prosecuted, investigated for there miscarriage, this is a fact, I had provided article(s) proving that to be true. If Arizona makes abortion illegal, you just vested the state to look more closely at miscarriages. Since abortion is an emotional issue for some, some in law enforcement will push the boundaries of the law, to save babies, for some the ends justify the means will be a mantra.
We don’t need any more “instances” of law enforcement pushing the boundaries and breaking the laws. When law enforcement
makes a mistake it affects are real and deadly as in the example of the shooting death of Kathryn Johnson.
Loving v. Virginia
Paraphrase alert
1958 Mildred and Richard drove to Washington DC
to get married because it was against the law in Virginia for mixed races to be married
(Racial Integrity Act of 1924). The now married couple returned back to Virginia an on an unknown tip the police raided there home hoping to find them having sex (Talk about commitment to enforcing a law, eh?) The police found them in bed and their marriage certificate and arrested for breaking the law.
It was illegal for them to
be married in Virginia, they left to Washington to get
married, when they returned, they were arrested. Does this sound familiar?
If Arizona has a law abortion is murder. If a citizen of Arizona (woman) had an abortion, in other state, once she returns, she will be tired for murder. If the woman never returns she will not be tried. Why would Arizona bother to make abortion illegal if the citizens can simply leave the state, have an abortion in a pro choice state and just return?
I also can’t imagine how
you compare smoking a cigar and the killing of a child? Murder is a totally different
type of crime there isn’t any statue of limitations to murder. So comparing the
two together for me is mind boggling
After all, Thomson already defied reality with the Violinist scenario, which cannot occur in real life.
Using the words "God" and "magic" together is a massive strawman. It's true that most of Thomson's essay defies reality (at least her burglar analogy, while severely flawed, was grounded in reality). But God created the sex act as he wanted it. His plan from the very beginning was for a man and woman to be married and produce children. Nothing magic about it.
Wondering about the logistics is not scare tactics. My comment was directed to Syner, specifically (since even a cursory perusal of his "questions" would show that he really doesn't even understand how the law works.
Would you say we should have kept slavery legal while we simply "worked on a plan" to deal with the repercussions of it? It seems to me that a human rights violation, as extreme as slavery and abortion, should not be legal while we sit around and think about what might happen. I am actually in favor of reforming many of our governmental policies to help pregnant women and single mothers. But while the government is unwilling to help I, and others like me, pick up the slack.
We're civilized adults. The KKK lynchings, etc. should never have happened, and you can't blame making slavery illegal for the actions of gravely immoral human beings. Nothing excuses their behavior, and it seems the height of racism to imply that it would have been better to leave slavery legal rather than risk these things happening. Especially since they happened while slavery was legal, anyway. Instead, we should expect reasonable human beings to suck it up and not take their aggression out on innocent human beings.
Here's a question for you–if someone got an interracial marriage in a state where it was legal pre-Loving and then got a divorce in this same state, and afterwards returned to his/her home state where interracial marriage was illegal *after already getting divorced*, would he/she still be prosecuted in his/her home state? The reason that I'm asking this question is because even if a couple would have gotten an interracial marriage in a state where it was legal, their marriage would still exist (for a lack of a better word) if they returned to their home state where interracial marriage was still illegal and did not get a divorce beforehand.
"Why would Arizona bother to make abortion illegal if the citizens can simply leave the state, have an abortion in a pro choice state and just return?"
Because not everyone might be willing to do this, and thus some prenatal lives might be saved. Also, eventually if everything goes well for our side some more U.S. states can also ban abortion later on.
@coyote
The main problem with
prolifers is there is no framework on what a post Row v wade would look like.
We are dealing with laws, not philosophy, and these laws will affect people,women in general. The Supreme Court case Loving v. Virginia, it was illegal for mixed races to get married regardless were they were married, so if they were found out they would be arrested, which they were.
If Arizona made abortion illegal and equates
abortion to murder, simply leaving the state and returning is not going to absolve you from the act, if caught. If you’re going to push out Row v. Wade and invade a women’s privacy when she is pregnant, to save babies, do you really think any prolifer will simply accept women to leave the state, have an abortion, and
return as if nothing happened?
Remember the mantra; you’re saving babies, how far would you go? A woman’s right to privacy has been thrown out to protect the fetus in her womb. You have created a world were anything goes especially when it deems the state has a right in a woman’s womb.
Traveling to Arizona either to New Mexico, California, or Nevada, or Mexico takes about 4-5 hours one way. Do you really think that is going to stop a woman to from having a safe abortion, in a prochoice state? If a person you knew had an out of state abortion would you report her? She committed murder it would be your duty to report her, if you didn’t you would be an accomplice.
I personally do not think
pro-lifers are doing when it comes to a post Roe v. Wade world. I don’t get it
would be like the book a Handmaidens tale, but I would gander it would be
pretty close.
Handmaiden Tale
http://en.wikipedia.org/wiki/The_Handmaid%27s_Tale
We are civilized adults
Where?
400,000 kids in foster care, 780,000 kids abused by their own parents per year, 2.4 million Americans in Jail. If your a alcoholic you get medical intervention, if your a drug user, you get jail.
You wish to create legislation were the state forces itself in a woman's womb this is what a post Roe v. Wade would look like.
Scare tactics, I don't know the law? If you knew what you were talking about you point me to a book or article of a what a post Roe v Wade world would look like, but you haven't, cause you don't have a framework either.
I've already given you my framework. You just refuse to accept it. I've already answered your questions, and have shown you many times you have no understanding of how the law even works. At this point, I'm just going to say good day and stop replying, since you're unwilling to have a reasonable conversation about this. You may have the last word, if you wish.
Clinton
Frame work other than just saying "it won't happen?"
*pardon any errors, not on home PC*
No. The plan can get worked on while illegalization is going through the legislative process. With slavery in America, the reprocussions could have been addressed simultaniously to abolition. Instead, they were ignored with grave consequences. This is not directed towards you, personally, but the consequences illegalizing abortion is something that is largely ignored by many anti-abortion groups and anti-abortion individuals. I see no reason why it should be ingored, or why the issues can't be address while these people and groups are working towards illegalization. There's no reason it should be an afterthought.
Sometimes I think it is ignored for the same reason PC organizations do not like to address things like Gosnell, emotions related to performing abortions: they think addressing these issues may be perceived as questioning the validity of their position.
This is a misguided notion on both fronts.
You are correct, Coyote. I was mentioning those events as an effect and unintended consequence of a poorly planned abolition process.I think he simply mistyped because he seemed to understand the point I was making and addressed it accordingly.
A strawman is just where you misrepresent someone's position. You attack and refute a weaker position without actually addressing the actual argument. You don't have to do it purposely to attack a strawman.
God created sex. But in order for either one of us to justify our position, we have to argue for it,which is beyond the scope of this blog.
God doesn't ignore scientific laws. He works withing them, though he does arguably suspend them from time to time (again, justifying this claim is beyond the scope of this blog).
However, you seem to have missed my point altogether. This "alternate universe" with people-seeds doesn't tell us anything about this world bcause in a world like that, our intuitions may be completely different than in this one.
If all of these "analogies" are sufficient to justify killing a child inside the womb, why not use them to justify killing a child outside of the womb? Even minutes outside the womb, the child is using you, is dependent on you to survive. Additionally, how laws ultimately work in reality should have no bearing on whether or not an act is moral or just.