Steve Chapman | January 21, 2008
The abortion debate has raged since 1973, when the Supreme Court gave abortion constitutional protection, but the basic law of the land has proved immutable. Abortion is legal, and it's going to remain legal for a long time.
Laws often alter attitudes, inducing people to accept things—such as racial integration—they once rejected. But sometimes, attitudes move in the opposite direction, as people see the consequences of the change. That's the case with abortion.
The news that the abortion rate has fallen to its lowest level in 30 years elicits various explanations, from increased use of contraceptives to lack of access to abortion clinics. But maybe the chief reason is that the great majority of Americans, even many who see themselves as pro-choice, are deeply uncomfortable with it.
In 1992, a Gallup/Newsweek poll found 34 percent of Americans thought abortion "should be legal under any circumstances," with 13 percent saying it should always be illegal. Last year, only 26 percent said it should always be allowed, with 18 percent saying it should never be permitted.
Sentiments are even more negative among the group that might place the highest value on being able to escape an unwanted pregnancy: young people. In 2003, Gallup found, one of every three kids from age 13 to 17 said abortion should be illegal in all circumstances. More revealing yet is that 72 percent said abortion is "morally wrong."
By now, pro-life groups know that outlawing most abortions is not a plausible aspiration. So they have adopted a two-pronged strategy. The first is to regulate it more closely—with parental notification laws, informed consent requirements and a ban on partial-birth abortion. The second is to educate Americans with an eye toward changing "hearts and minds." In both, they have had considerable success.
Even those who insist Americans are solidly in favor of legal abortion implicitly acknowledge the widespread distaste. That's why the Democratic Party's 2004 platform omitted any mention of the issue, and why politicians who support abortion rights cloak them in euphemisms like "the right to choose."
But some abortion rights supporters admit reservations. It was a landmark moment in 1995 when the pro-choice author Naomi Wolf, writing in The New Republic magazine, declared that "the death of a fetus is a real death." She went on: "By refusing to look at abortion within a moral framework, we lose the millions of Americans who want to support abortion as a legal right but still need to condemn it as a moral iniquity."
The report on abortion rates from the Guttmacher Institute suggests that the evolution of attitudes has transformed behavior. Since 1990, the number of abortions has dropped from 1.61 million to 1.21 million. The abortion rate among women of childbearing age has declined by 29 percent.
Those changes could be the result of other factors, such as more use of contraception: If fewer women get pregnant, fewer will resort to abortion. But the shift is equally marked among women who do get pregnant. In 1990, 30.4 percent of pregnancies ended in abortion. Last year, the figure was 22.4 percent.
Pro-choice groups say women are having fewer abortions only because abortion clinics are growing scarcer. But abortion clinics may be growing scarcer because of a decline in demand for their services and a public opinion climate that has gotten more inhospitable.
This growing aversion to abortion may be traced to better information. When the Supreme Court legalized abortion in 1973, most people had little understanding of fetal development. But the proliferation of ultrasound images from the womb, combined with the dissemination of facts by pro-life groups, has lifted the veil.
In the new comedy Juno, a pregnant 16-year-old heads
for an abortion clinic, only to change her mind after a teenage
protester tells her, "Your baby probably has a beating heart, you
know. It can feel pain. And it has fingernails."
Juno has been faulted as a "fairy tale" that sugarcoats the
realities of teen pregnancy. But if it's a fairy tale, that tells
something about how abortion violates our most heartfelt ideals—and
those of our adolescent children. Try to imagine a fairy tale in
which the heroine has an abortion and lives happily ever after.
The prevailing view used to be: Abortion may be evil, but it's necessary. Increasingly, the sentiment is: Abortion may be necessary, but it's evil.
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I don't know of anyone who is actively for abortion. It is
always an unpleasant choice.
Maybe there are simpler reasons. Young middle-class women are not
now ostracized for having a baby outside marriage, and their
families can afford to support them and the child.
I also give credit to improved imaging technology, giving the fetus a more human appearance. Ultrasounds are now incredibly impressive looking, and give you a better idea of what the fetus actually looks like.
As long as people have the choice, but choose not to exercise it because they don't like it, there's no problem.
"Fred Thompson is a libertarian."
"Abortion is wrong."
Wow. Nick Gillespe moves to Washington and all of a sudden Reason
becomes an arm of the mainstream Republican party
establishment.
Hey Reason, is distancing yourself from the Mises Institute and
making friends in Washington more important than your
principles?
If so, why work at Reason? Surely NR pays more.
It isn't surprising that attitudes on abortion have evolved. We've also elected George W. Bush, fallen behind the world in science and math education, and we can't keep our checkbooks straight as individuals or collectively. I agree with Episiarch, yet I suspect that we're moving towards are more cro-magnon society.
Acknowledging that abortion is a difficult choice and that it
involves the death of a fetus doesn't necessitate that one waver in
one's support for keeping abortion legal (and accessible). Whatever
we think of the morality of the action, abortions will continue to
be procured by some number of women and better they should do so in
an environment that reduces the risks of doing so.
I find it interesting when libertarians argue that legalizing drugs
would be beneficial because it would cut down on drug-related
violence and impure and dangerous drugs, while also making it
easier for addicts to get help as they wouldn't have to worry about
the legal issues even as they say "but I think using drugs are
wrong" and then can't see that the argument for keeping abortion
legal (even if you oppose it personally and think the fetus has
some rights) has significant parallels.
My own view is that ultrasound technology and advances in our
knowledge of fetal development have as much to do with young people
feeling abortion is wrong than anything else.
I also cannot discount the so-called "Roe Effect." People who
oppose abortion are more likely to have more kids than those who
favor it, and if we assume that those kids are fairly likely to
share their parents' views, the percentage of young folks opposing
abortion will rise as a result.
People are complaining about the Fred Thompson is a libertarian
article - which they very well should - but I don't find this
article offensive to libertarians.
Abortion is a difficult issue, and libertarians are split on it
(from the ones I know). You have Ron Paul and Andrew Napolitano on
one side and Barry Goldwater and others on the other side.
I enjoyed this article though, good read. I'm not sure whether I am
pro-life or pro-choice. Pro-choice 1st trimester pro-life 2nd and
3rd? I dono.
Good article. As a young person the article mirrors my feelings precisely, including that of many of my pro-choice friends.
I agree that abortion is never a pleasant choice. It's always
the product of a set of bad things: a wanted pregnancy that goes
wrong, a bad relationship, pregancy from a terrible or ill-advised
sexual experience. That fact colors opinions of the practice in the
abstract. The problem is that nothing ever happens in the abstract.
If the woman-haters* ever succeed in banning abortion and everyone
gets to see women going to jail or dying trying to get rid of an
unwanted pregnancy, then expect opinions to change.
As for improved ultrasounds reducing the number of abortions, that
depends on the circumstances. Improved prenatal testing has meant
that more than 90% of Down's Syndrome fetuses being aborted, so if
improved ultrasounds make it less likely that teenagers with normal
pregnancies decline abortion, it makes it less likely that fetuses
with problems get carried to term.
*yeah, I know that's inflammatory language. It's also accurate.
Antiabortion activists believe that woman are fragile helpless
creatures in thrall to our uncontrollable emotions. The fact that
this view can be summarized as "dimitted cowardly weaklings" should
be enough proof that they really just don't like women.
At the very least I think that the fetus should be ejected from the metaphorical "boat" on which it is trespassing and be given a chance to fight for its life. With viability reaching as early as the first trimester, it's a sad state of affairs that some would insist on the fetus being sliced up rather than allowing it a chance to live independently.
Why is it that in the media only two choices are considered, have an abortion or keep the baby? Why isn't adoption considered as an option? I suppose that anyone having a baby considers themselves to be the very best person to raise the child. Of course, they are often not the person to raise the child, the grandparents are saddled with the task. And if those people were such great parents, why are their children faced with this terrible decision?
A woman should have an absolute right to abort her child (at her own expense) for any reason whatsoever, up until the moment of birth. Then both parents have that right.
Abortion is not an easy issue, guys. There really is no
libertarian stance. Most of the time, life and liberty and property
can go together. Abortion is made into a life vs. liberty argument.
This is a pretty moderate article.
Now the Thompson one, that's completely different...
Warren: abort? eject? Or slice up. A tresspasser that wanders onto private property unintentionally should at least be offered the courtesy of a warning and an ejection, surely?
Star Trek went out of its way to tell stories on how the future society depicted in the show stamped out social injustices like poverty, crime, prejudice, and so on. As far as I know, it never touched abortion. In that future society, do people have free sex and have routine abortions? Maybe not, because contraception tech is so good and everyone uses it. But as far as I know, they never met a primitive planet where free sex and routine abortions. Would that make their socially just sensibilities squirm?
Worse yet, the fetus didn't even "wander" into the womb. It's
not a trespasser. By and large, fetuses come to be through the
voluntary, if perhaps unintentional, actions of the person owning
the body.
You wouldn't think you could a starship owner could push anyone he
doesn't like out of the nearest airlock. You wouldn't think you
could shove someone into your crocodile-infested moat any time they
overstay their welcome. Why would think you can butcher a child and
eject it when it becomes inconvenient?
Abortions cause global warming.
If you could prove that, it would be an excellent way to get
liberals to try to ban it.
The abortion issue crosses up the usual libertarian template in
so many ways.
First, of course, the unresolvable issue of the personhood of the
fetus.
Second, the issue of personal responsibility. Outside of rape, an
abortion is the product of the woman's decision to have sex; many
see an abortion as an attempt to avoid responsility for the
foreseeable consequences of that decision.
Third, the inaptness of many of the usual libertarian tropes, such
as treating the fetus as a "trespasser."
Abortions cause global warming.
If you could prove that, it would be an excellent way to get
liberals to try to ban it.
Nevermind, I forgot for a second we were talking about liberals. If
you could assert that convincingly, it would be a good way to get
liberals to ban it.
Just one thing I had to comment on from the article -
In 1990, 30.4 percent of pregnancies ended in abortion. Last
year, the figure was 22.4 percent.
If the use of contraceptives leads to fewer women getting pregnant,
then a higher percentage of women who do get pregnant want to be
pregnant. This statistic does not refute the idea that better
contraception explains lower abortion rates.
Also, doesn't anyone else think that 22.4 percent of pregnancies
ending in abortion seems absurdly high?
With viability reaching as early as the first
trimester...
A 12 week fetus isn't anywhere even close to viability.
First, of course, the unresolvable issue of the
personhood
It's pretty resolvable that a sperm or an egg is not a person, and
a zygote is not a person, and an embryo is almost but not quite a
person. The only point in discussing it is when the clump of cells
finally becomes a viable fetus. That's what anti-abortionists
should concentrate on, and where they have the best chance of
success.
Let's see. Abortions are:
Safe
Legal
Getting Rarer
Sounds like a pro choice victory to me.
Rothbard as usual had the best
argument in The Ethics of Liberty.
What human being has the right to
remain inside the body of another
human being against that person's
will ? If males got pregnant abortion
would be a sacrament. The responsible
choice is to abort if you do not want
to be a mother. The irresponsible thing
is to bring these unwanted fetuses
to term.
Chapman has always been a conservative,
recall many pieces he penned for the
bloody Contras in the 80s, his "pro-life"
credentials are nonexistent.
Good article, but it would be nice to dig deeper into
why people have a distaste for abortion. If an unborn is
really just a lump of cells deserving of no legal protection
whatsoever, why is removing it so distasteful?
It's like when someone says, "I personally oppose abortion, but I
think it should be a woman's right to choose," I ask, "Why do you
personally oppose it?" They're pretty much never able to give me an
answer to that question without admitting that the unborn have some
right to life.
The abortion rate among women of childbearing age has
declined by 29 percent.
Uh, who else has them?
Also, doesn't anyone else think that 22.4 percent of
pregnancies ending in abortion seems absurdly high?
Yeah. One out of every five conceptions ends in abortion?
Source?
What human being has the right to remain inside the body of
another human being against that person's will?
What human being, placed in that position through no fault of his
own, deserves the death penalty? If someone dumped a helpless,
starving person in my home I doubt I'd be found justified in
shooting him. I don't think even denying him food would be the
moral choice.
Yet I don't want the government to prohibit abortion, because I
believe that cure is worse than the problem.
I don't know of anyone who is actively for abortion. It is
always an unpleasant choice.
Next week,
Roe v. Wade is celebrating its 35th Anniversary. And Feministing
wants to party.
A 12 week fetus isn't anywhere even close to
viability.
It's only a matter of time before that changes -- a 28-week fetus
was barely viable at the time of RvW. Viability isn't an inherent
characteristic of a fetus, it's dependent on the level of
technology and skill of the surrounding society. Thus, it doesn't
make sense as a criterion of "personhood".
For anyone seeking insight on how abortions are handled in the
context of extreme prohibition, I suggest you watch a new Romanian
film called Four Months, Three Weeks, and Two
Days, directed and written by Cristian Mungiu.
It's an incredibly blunt and well-told story, and has the potential
to make both sides of the debate very uncomfortable.
What it boils down to is not so much what constitutes a "person" but what constitutes "viability". Then there is "viable" on its own vs. "viable" with the aid of 2 months in intensive care and a couple million dollars worth of medical bills. So the issue will never be resolved satisfactorily. Indeed, advances in science and medicine have made the debate all that much more difficult.
When the Supreme Court legalized abortion in 1973, most
people had little understanding of fetal development.
Exactly why it baffles me that pro-choicers can claim that theirs
is the "scientific" position while the pro-life position is
"emotional", when the developments in embryology in the past 35
years have all pointed to earlier and earlier development of human
characteristics in the unborn. Seriously, the SCOTUS based their
ruling that life begins at birth on the biological insights of
Thomas Aquinas and the ancient Greek Stoics.
It won the Palme d'Or in Cannes last year, if that's any
incentive...
Film festival liberals approve of pro-choice propaganda? You've got
to be kidding me.
In that future society, do people have free sex and have routine abortions? Maybe not, because contraception tech is so good and everyone uses it.
Force-field condoms never break.
Shields up!
It has always been a thorney issue for Libertarians; does the
right to life extend to the fetus, or is it just the right of the
mother to choose?
Part of it is modern technology. My nephew and his girl just had a
baby, and you can see the the fetus yawning, and doing other human
things via sonagram.
The difference between abortion and infanticide is not huge in my
mind. You're killing someone whose going to be a person fairly
soon.
Then there is "viable" on its own vs. "viable" with the aid
of 2 months in intensive care and a couple million dollars worth of
medical bills.
Well, a person with diabetes doesn't qualify for the first kind of
viable. So if you try to exclude the unborn, you're going to
exclude a lot of already-born people as well.
According to wiki we are down to a birth at 21 weeks and 5 days
with survival and full health.
I thought I remembered a viable birth in England at 16 weeks, but I
must be mistaken.
As crimethink states, the number is dropping, and will continue to
drop, and has nothing to do with the personhood of the fetus, more
to do with practical implications.
Once surrogate (or artificial) wombs are viable, and they have been
relatively successful with goats, there will be even greater
pressure to view this issue from more angles than just woman's
choice.
It's pretty resolvable that a sperm or an egg is not a
person, and a zygote is not a person, and an embryo is almost but
not quite a person.
What it boils down to is not so much what constitutes a
"person" but what constitutes "viability".
When a fetus becomes a person is the cental issue around abortion.
You can't kill a person except in self-defense, after all, so the
transition from "clump o' cells" to "person" is the central issue
in the debate. Unlike most, libertarians at least recognize this
issue.
The first two months (conception through the "embryo" stage) is
relatively easy for non-religious folks to agree on, fine. At what
point after that do you grant personhood (and presumably, outlaw
abortion)?
Viability is often used as a handy shorthand for personhood,
although as viability becomes more artificial with advancing
technology I'm not sure that it really works any more.
This is a bad article, it is bad science. The 'pro-life' people
don't care about life, they want to control womens bodies to keep
them barefoot and pregnant. It is all part of the master plan by
the hierarchical patriarchy to control women.
Something needs to be done to increase the number of abortions
performed. Ultrasound should be banned because it may reduce
abortions.
Everyone knows a fetus is just a clump of cells, like a blood clot.
Life begins when it is wanted.
crimethink:
If you watched the movie, I think you'd have a hard time labeling
it propaganda. As I hinted above, it offers no haven to either
side.
It's pretty resolvable that a sperm or an egg is not a
person, and a zygote is not a person, and an embryo is almost but
not quite a person.
Well, a sperm or egg has only half the human complement of
chromosomes, and can't grow into anything else, so clearly those
are not persons. But I haven't seen any convincing arguments that a
zygote isn't -- usually that question is dismissed with an appeal
to "obviousness"...and I'm not sure what "almost but not quite"
really means in the context of personhood.
This is a bad article, it is bad science. The 'pro-life'
people don't care about life, they want to control womens bodies to
keep them barefoot and pregnant. It is all part of the master plan
by the hierarchical patriarchy to control women.
Something needs to be done to increase the number of abortions
performed. Ultrasound should be banned because it may reduce
abortions.
Everyone knows a fetus is just a clump of cells, like a blood clot.
Life begins when it is wanted.
"Life begins when it it wanted." I love it!
Every sperm is sacred!
http://www.youtube.com/watch?v=U0kJHQpvgB8
cut & paste or click on my name.
50+ comments and this thread isn't about Ron Paul yet?
Life begins when it's wanted.
So...next time I shoot a trespasser, my legal defense could
be...
On both abortion and drugs, I boil things down to the following
principal: Anything a person wants to put into or take out of his
or her own body is that person's business alone.
Laws shouldn't be made simply because something is immoral or
wrong. If something is going to be forbidden, there needs to be a
demonstrable good in such a prohibition. Murder needs to be illegal
not because the bible says so or because it is inherently immoral
(though I certainly would say that it is), but because it is
necessary for a functioning society. There is no such necessity
served by banning or restricting abortion.
and in many peoples' book, a woman that would abort her child is an unwanted form of life.
many believe that abortion is murder and making it illegal is a necessary part of society.
Fuck, here's an interesting libertarian angle on the pro-life
perspective: state custody of unwanted children!
It's endemic in Europe, especially Eastern Bloc countries. Do
pro-life libertarians accept that promoting adoption over abortion
may mean a gross swelling of the public sector to accommodate the
surplus of unwanted children?
Will the market come to the rescue yet again? Will new industries
flourish? Has this actually happened anywhere?
"The abortion issue crosses up the usual libertarian
template in so many ways.
First, of course, the unresolvable issue of the personhood of the
fetus."
So when we can't resolve the issue, our default position is state
control? Fascinating....
In fact, the unresolvable issue is the main argument why
libertarians are in favor of choice. Every single miscarriage could
lead to a prosecution of some sort. This is why somebody can oppose
abortion but be pro-choice.
I'm a libertarian through and through, but a state that doesn't
punish aggression is no state at all.
Victimless crimes are no one's business. But we as human beings
have unalienable rights, and the state exists to protect the
innocent from aggression against those rights.
Anything a person wants to put into or take out of his or
her own body is that person's business alone.
This presumes that a fetus is a "thing" and not a person, which is
begging the question.
Laws shouldn't be made simply because something is immoral or
wrong. If something is going to be forbidden, there needs to be a
demonstrable good in such a prohibition. Murder needs to be illegal
not because the bible says so or because it is inherently immoral
(though I certainly would say that it is), but because it is
necessary for a functioning society.
"Necessary to a functioning society" strikes me as both overbroad
and underinclusive as a test for the legitimacy of law. Both the
terms "necessary" and "functioning society" are almost infinitely
malleable.
As for abortion, it is difficult to imagine a society that does not
maintain the minimum replacement reproduction rate as surviving any
length of time, so I think there is pretty straightforward argument
that prohibiting abortion, and perhaps birth control, is necessary
for the continued existence of a functioning society. I wouldn't
agree with such an argument, but there it is.
Every single miscarriage could lead to a prosecution of some
sort.
"Your shitty diet killed this thing! There are no accidents! Gavel
bang!"
Well, a person with diabetes doesn't qualify for the first
kind of viable
But a person with diabetes is already an actual person,
not a fetus. So that's not a valid example.
So when we can't resolve the issue, our default position is
state control? Fascinating. . .
There's a legitimate argument that the default position should be
in favor of personhood. We tend to reject definitions of personhood
that would exclude the disabled, for example.
I am a reformed Republican, a Bush voter in the 2000 election
whose distaste for his aggressive anti-liberty initiatives after
the inauguration caused me to pause and wonder "Am I really in
agreement with this guy and his followers opinions and actions"?
After some gut-wrenching months of wrestling with what I truly
believed, 9/11 occurred.
It took a matter of weeks after that tragedy for me to leave Bush,
and the party, for good. The Patriot Act was the final straw. By my
good fortune, at the same time that this occurred(late 2001), my
very first issue of Reason arrived in the mail. I have never been
the same ... as I discovered that I am libertarian, and always have
been. But there is one issue that has loomed over my transition
from Bush voter to radical libertarian.
This is the abortion issue. As a person that employs reason as a
guide, I cannot muster anything but disgust at the thought of
abortion. For a community that relies so heavily upon reason, and
an unstinting belief in the efficacy of science as a reliable
guide, there seems to be a strange inclination towards
anti-scientific thought on this issue.
In fact, any reasonable person should be able to acknowledge the
disconnect between the majority-libertarian views on evolution and
abortion. One is informed by and reliant upon science and its
proofs. Another readily dispenses with science as irrelevant or
with an "oh well" shrug of the shoulders that is oddly similar to
attitudes taken by the anti-evolutionists that many of you are so
quick to lampoon and criticize.
Why? I have my own theories as to why this exists, but I would like
a thoughtful response from someone that is libertarian,
pro-science, a believer in evolution, personal liberty and is yet
pro-abortion. Please , do tell ...
Since I am opposed to killing innocent human beings, I am opposed to induced abortion. I also think the law should address the wrongness of killing the innocent. That is my rational argument. To understand my passion, look at an aborted fetus---another helpless boy or girl done to death, the victim of legalized, privatized, medicalized bloody tyranny.
But a person with diabetes is already an actual person, not
a fetus. So that's not a valid example.
This begs the question, since the original argument seemed to be
that we shouldn't consider someone worthy of personhood if they
weren't viable, and that we shouldn't consider them viable if they
required extensive medical support.
Pointing out that we don't deprive others of personhood based on
their medical needs seems like a legitimate response to the claim
that premies can't be people because they're expensive to keep
alive.
the way i see it, nothing bad has ever come about from having an
abortion, except to maybe the mother/father to be.
conversely (inversely?) i can see plenty of good that could have
been done by aborting many of the people around today.
so, abortion = net gain
Since 1990, the number of abortions has dropped from 1.61 million to 1.21 million.
Do you mean per year?
Do pro-life libertarians accept that promoting adoption over
abortion may mean a gross swelling of the public sector to
accommodate the surplus of unwanted children?
Given what people currently go through to adopt children, my guess
is that there will be no surplus. Of course selling children has
certain moral issues as well.
so, abortion = net gain
Freakonomics certainly agreed, and correlated abortions with future
lowered crime rates (the aborted children were not around to commit
crimes).
"There's a legitimate argument that the default position
should be in favor of personhood."
And there's an equally valid argument that taking away a person's
right to control what happens with their own body takes away the
personhood of an adult. There's no smoking gun argument that
protecting lumps of cells is pro-personhood anymore than outlawing
masturbation and menstruation. But there are grounds to say that
stripping a person of their own medical choices denies them their
humanity.
You see it as killing a person, I see it as a person controlling
their own body.
More importantly, I respect your ability to properly use "begs the
question."
"But there is one issue that has loomed over my transition from
Bush voter to radical libertarian.
This is the abortion issue. As a person that employs reason as a
guide, I cannot muster anything but disgust at the thought of
abortion. For a community that relies so heavily upon reason, and
an unstinting belief in the efficacy of science as a reliable
guide, there seems to be a strange inclination towards
anti-scientific thought on this issue."
Yeah, I'm an atheist myself and my main field of study in college
was biology. My knowledge of science only reinforces my belief that
abortion is fundamentally wrong. And the usual debate opponents
(not saying you guys, not saying other libertarians even), don't
know basic science and they stick to political opinions or personal
philosophy.
I know what it means to be biologically "alive." I know the
definition of a species is (i.e. that ain't a chimpanzee fetus in
there).
So based on raw logic, facts, science, whatever, we're dealing with
a living member of our species.
"Yeah, but is it a human? Is it a person?" That's not really
science anymore. I believe in natural human rights, and that's my
political opinion, but it's one most libertarians share.
I would say that any living member of our species is a person, and
the initiation of violent or coercive force against them is wrong.
Which is a strong moral basis for condemning societal injustice
(aggressive war, genocide, slavery, etc), and it also so happens to
cut this way on the abortion issue.
Philosophy aside, abortion is for the most part a political
question. We can debate its wrongness or rightness, but that still
won't change the fact that at least for now, it will
happen. Neither side can dispute this. When something is
illegal, it still happens. The drug war has evidenced this time and
time again.
So since this thing is still going to happen, no matter what level
of rhetoric we reach, the question becomes not WHY but HOW. In a
clinic? In a basement? With professionals? With opportunists? With
supervision? With luck?
It's a political question, it's public policy. Something that all
libertarians struggle with by nature.
Bush opposes abortion, but he supports the death penalty, that
makes him a hyprocrite. If he was so anti-killing how can he
support the death penalty.
If Jesus were alive today he would support abortion because he
would want women to have the best health care available.
@SxCx:
Right, but drug use is a victimless crime, hurting no one besides
the user, the one that wants to be hurt or at least doesn't care if
they hurt themselves.
The wrong-headedness of the early 20th Century left's alcohol
prohibition had little to do with whether or not prohibition
actually worked. It was wrong because it's none of government's
business what you drink or shoot up or smoke.
Certainly, when you make something illegal, you create a black
market for it.
But that is no basis for abandoning all law. Murder is illegal, but
there is a market for hitmen. Slavery is illegal, but there are
human traffickers.
When someone violently infringes upon the rights of another, that
act deserves punishment, and for this reason we have governments
and the rule of law.
This is why libertarians don't recognize each other in these debates. Because it turns one side into eager adherents of state control, in territory that just feels abusive and overreaching.
SxCx ... you just proved my point. Notice that you didn't say " Science aside, abortion is for the most part a political question". No, you said "philosophy". There is no philosophy here. Either we are dealing with science as a guide, or we're not. Libertarians cannot have it both ways ... they cannot, with anything resembling intellectual credibility, knock the anti-evolutionists for being so frighteningly ignorant, and then ignorantly flee from science at the first convenient opportunity. You know how many of you feel when you hear the kooks talk about a 6000 year old earth? Thats how many people feel when they hear libertarians refer to the abortion issue in "philosophical" terms.
Again, one can admit that the fetus has some elements of
personhood and understand all the science involved, yet still be
pro-choice. The fact remains that women are going to choose to have
abortions, even if it's made illegal. (Again, how libertarians
could deny this when the drugs and alcohol analogy is so strong
baffles me.)
Given that abortions will still happen, I would much rather that
they happened in as safe and accessible way as possible, and that
can only happen if they are legal.
Yes, this means that the rights and interests of fully developed
adult human beings take precedent over those of "persons to be." As
others have noted, the question here is not when the fetus is
human, but when it is a person. Personhood is not a biological
concept.
Faced with a tradeoff between the deaths of many zygotes/fetuses
versus the physical and mental dangers to just as many
fully-developed female persons, I will choose to put the latter
higher in my consequentialist tally.
I'll also add that I agree with the spirit of many of the comments
here that for some elements of the pro-life movement, this is just
as much about controlling women and their sexuality as it is about
anything else.
@ Steve, that's probably rather unfair given where you're
arguing.
I have no interest in controlling anyone. I have no gender
preferences or desire to push a religious ideology.
A anti-abortion libertarian is deeply concerned about the natural
rights of the being that is slain.
I'm not sure if I buy the market argument that he seems to put forth, that there are less abortions because the services are in less demand...I would say there is an enourmous amount of intimidation involved as well. I live near the planned parenthood and there are always people out there blocking the entrance or chanting something.
A anti-abortion libertarian is deeply concerned about the natural
rights of the being that is slain.
No one is slain; everyone knows that life begins when it is wanted,
it isn't alive if it is not wanted, it is a 'potential' person not
an actual person, those are the facts.
JayDubya:
I understand the need to punish murderers. The difficulty is moreso
that abortion is a more elusive, private, and seemingly victimless
situation that killing a born human in cold blood. Pro-life
rhetoric can be unconvincing because despite thorough
argumentation, the death of a fetus simply seems less
significant to a large portion of the population.
It then follows: do you want to foster a political climate where
force is authorized against otherwise moral and life-affirming
human beings? My concern, despite maintaining pro-life sympathies,
is that prohibition would create a bigger nightmare.
I live near the planned parenthood and there are always
people out there blocking the entrance or chanting
something.
That should be illegal, you have the right to an opinion, but no
one has the right to tell a woman what she can do with her
body.
I believe it should be illegal to show pictures of fetuses because
that can result in less abortions.
"No one is slain; everyone knows that life begins when it is
wanted, it isn't alive if it is not wanted, it is a 'potential'
person not an actual person, those are the facts."
Actually, Amanda, there are no facts at all in what you are
saying.
I'm not sure if you're appealing to authority, or appealing to the
bandwagon, but I must say that in either case, you're going for the
wrong kind of argument when talking to this crowd.
"That should be illegal, you have the right to an opinion, but
no one has the right to tell a woman what she can do with her
body.
I believe it should be illegal to show pictures of fetuses because
that can result in less abortions."
So you don't respect the right to free speech, OR the freedom to
peaceably assemble?
And you're posting on Reason.com because... uhhh...?
Monkey Of Fear:
I don't get it. Did I lash out against creationism somewhere?
"I understand the need to punish murderers. The difficulty is
moreso that abortion is a more elusive, private, and seemingly
victimless situation that killing a born human in cold blood.
Pro-life rhetoric can be unconvincing because despite thorough
argumentation, the death of a fetus simply seems less significant
to a large portion of the population."
Perhaps, but the death of a slave was once regarded as a mere loss
of property. And the mere clandestine nature of most abortions
means little - most intentional, premeditated acts of murder are
done in secret, and the body is disposed of.
So you don't respect the right to free speech, OR the
freedom to peaceably assemble?
I do respect those rights, but the right to abortion is the most
fundamental right womyn have. Without it no other rights are of
consequense.
Free speech has limits, protesting abortion is a RICO
violation.
Amanda ... "womyn"? LMFAO ... so, what is the most fundamental right a man has?? You feminazis are truly funny people.
Perhaps, but the death of a slave was once regarded as a mere loss
of property. And the mere clandestine nature of most abortions
means little - most intentional, premeditated acts of murder are
done in secret, and the body is disposed of.
It may mean little to you. I think many folks feel more innately
repelled at the thought of post-birth murder than an abortion,
which seems almost quaint in comparison. This is why careful
persuasion will be the only thing that truly eradicates abortion.
Prohibition will simply fund tragedy and outrage. The drug war
parallels are awkward but unavoidable.
"I do respect those rights, but the right to abortion is the
most fundamental right womyn have. Without it no other rights are
of consequense."
Well, Amanda, I would argue that every human's most fundamental
right is the freedom from fatal and violent aggression being
inflicted upon them.
If we don't have that right then how do we have any civilization at
all? If that right does not extend to the smallest and the weakest,
how can that civilization be worthy of the name?
"Free speech has limits, protesting abortion is a RICO
violation."
Um. No. Not at all.
Perhaps caffeine should be outlawed for pregnant women, and since we can't really tell which women are pregnant, we have to assume that they all are (if we are to err on the side of life). Caffeine may lead to 2x the miscarriages. Prohibit pregnant women from caffeine?
Could all this be becuase pro abortion people are having fewer children. BTW if abortion is not evil then it is very good. It can reduce the disabeld population. It can provide sex selection it can help in many ways. etc. If abortion is not evil then it is indeed very good.
I have struggled with the abortion issue for a long time. While
I believe that life is sacred, I also believe women should not be
slaves to their uteri. A wanted fetus is a person, an unwanted one
a parasite may not be popular, but, frankly, it's the truth. If one
believes that you own your body, and I do believe this, then how
can you say to a woman who has an unwanted pregnancy that because
of an accident that she must carry an organism to term, must go
through the profound physiological and mental changes that come
with pregnancy, and only then, to suit your morality, must give up
the baby (now an acknowledged, human being) for adoption? At least
nine months of involuntary servitude because a sperm and ova
combined and lodged in a uterine wall.
If it's God's will, then surely God ought to know who is going to
abort the fetus and who isn't.
I regret the necessity of abortion, but I do not regret that it is
available to women who need it.
@ NeonCat:
"A wanted fetus is a person, an unwanted one a parasite may not be
popular, but, frankly, it's the truth."
This is what I meant when I said that a lot of people throw around
philosophy without basis in science.
A parasite? Come on now. A Homo sapiens cannot act as a parasite in
another Homo sapiens. That's part of the definition of the word,
for crying out loud.
One person's will should not determine the worth of another.
And certainly, you own your own body, but through engaging in
certain consensual activities, one arguably gives their informed
consent to "lease it."
A parasite? Perhaps you should look up the definition of that
word ... your assertion is patently absurd. Women who spread their
legs for sex are already making the "choice"... 99.9% of women who
engage in sexual activities are well aware that sex could lead to
pregnancy. I have never understood the "unwanted" or "parasite"
argument ... once again, an appalling lack of scientific knowledge
is on display here.
Libertarians and liberals are wholly out of touch with reason on
this question. No one libertarian has been able to satisfactorily
answer my question on abortion in these last six years. In my mind,
it is the libertarians Achilles heel. It betrays profound mendacity
and hypocrisy, particularly when you consider the typical
libertarian line on immigration, human rights, non-violence, and
the science/evolution issue.
Lamar | January 21, 2008, 2:33pm
This is why somebody can oppose abortion but be pro-choice.
Can somebody be anti-choice on every other issue (eg: drugs, guns,
property, taxes, school) but still claim the mantle of "pro-choice"
simply because they favor legalized abortion?
@ Nobody Important
"Can somebody be anti-choice on every other issue (eg: drugs, guns,
property, taxes, school) but still claim the mantle of "pro-choice"
simply because they favor legalized abortion?"
Why not? Democrats do it all the time.
NeonCat has it right. An unwanted fetus is a parasite. The state has no more right to dictate a woman play host to such a thing than it has forcing someone to be a kidney donor.
It seems that your hypothetical person believes that people should be told what to do (perhaps because people are base, evil sinners?), and that the need to control people's lives includes abortion. Only here, they believe that abortion is good, and that people should be told to have abortions.
@ Shecky
"NeonCat has it right. An unwanted fetus is a parasite. The state
has no more right to dictate a woman play host to such a thing than
it has forcing someone to be a kidney donor."
No, and this is the last time I will say it nicely, this is
patently false based on the very definition of the word
"parasite."
Ugh.
http://dictionary.reference.com/browse/parasite
Sounds very much like an unwanted fetus.
It isn't a parasite, tumor, neoplasia, or anything other than
what it is: a groups of cells somewhere between a zygote and a
President of the United States.
Of course, copyright infringement isn't "piracy" but that doesn't
stop the disingenuous freaks from using that word anyway. And
abortion isn't murder. So let's all use the actual words, 'kay?
@ shecky
Oh, so we're going to use layman definitions rather than scientific
ones?
Okay.
http://dictionary.reference.com/browse/baby
No, it's a baby.
Monkey of Fear and / or JayDubya,
How do you scientifically determine personhood? Do you believe that
a fertilized ovum is a person? A blastsphere, an embryo, etc?
Do women gain or lose any rights in determining the outcome of her
pregnancy if she were raped, the condom broke, she used the pill
perfectly but still got unlucky (0.3% failure rate)?
Also, "an organism that lives on or in an organism of another
species, known as the host, from the body of which it obtains
nutriment."
OF ANOTHER SPECIES.
An unwanted fetus is a parasite.
See my 1:11 post re the inaptness of many libertarian tropes.
I mean, seriously folks, do you really want to stake a person's
claim to personhood or parasite status on whether or not somebody
else wants them?
The abortion rate among women of childbearing age has
declined by 29 percent.
Yeah, but it's skyrocketed among women of non-childbearing age.
I must say, this has been one of the more entertaining abortion threads.
The unwanted fetus is a parasite. A wanted fetus is a baby. This is a crucial difference. It's not scientific. Once again, the state has no right to force anyone to play physical host to another organism. Not donate an organ. Not donate blood. Not carry a fetus. Any of all of those things may be good and even noble. But it's none of the state's business.
I guess I'm fundamentally pro-choice, but since contraceptives
are widely available nowadays, as is the Plan B pill, women can get
the chance of getting pregnant down to zero (like if you're on the
pill, man uses condom, plus you take morning after pill, then if
you do get pregnant, it's gotta be some kind of golden child sent
to this world from some kind of diety). Thus, it seems to me that
the moment of choice act should occur when you choose to have less
than fully protected sex.
That being said, if a woman was raped or forceably not allowed to
use contraceptive, then abortion should be an option (I guess you'd
have to take the woman's word on it, hmmm..).
Plus, if a woman's life or long-term health is at danger, it should
for real be legal.
It would seem that a woman using the pill her whole life is stamping out more life than a woman who has an abortion after 3 kids.
Shecky, if an unwanted fetus is a parasite and a wanted fetus is
a baby, then what would you call an unwanted newborn? A baby or a
parasite?
Will someone speak to the strong caffeine argument made earlier? I
have to go take care of my "parasite."
The way I see it, a person's claim to personhood or parasite
status isn't the issue. A person's claim to the most fundamental
freedom, the control over one's body, is the issue.
If the state can compel you to use your body in a way it sees fit,
in this case, be a physical host to another person, all arguments
against being a metaphorical host to another person pretty much
wither away.
de stijl ... If a baby can breathe, has heartbeats and brainwaves, it is alive. What is so hard to understand about this? I simply love how certain people attempt to ignore the hard science on this ... this isn't philosophy 101. It's science people ...
"If a baby can breathe, has heartbeats and brainwaves, it is
alive."
Tell that to Terry Schiavo.
Shecky, if an unwanted fetus is a parasite and a wanted
fetus is a baby, then what would you call an unwanted newborn? A
baby or a parasite?
Absent being physically hosted by another, a newborn is for all
intents and purposes, a person. They don't regain parasite status
until the teen years.
shecky ... having control over one's own body isn't the issue,
though deluded pro-choice people use that as a handy reason to
justify their absurdities. The issue is control over another human
being. If, in the year 2008, you cannot acknowledge that a fetus
that has heartbeats and brainwaves, breathes, has hair,
fingernails, can feel and respond to pain, smiles, hiccups, laughs
and dreams is indeed a person, you are as ignorant as flat-earthers
and those that believe that the Earth is 6000 years old.
You are entitled to your ignorance, and as a libertarian, I welcome
all points of view, no matter how inane. However, it does irk me
that the inanity and ignorance is presently interwoven into
official government policy. There's nothing new there!!
According to wiki we are down to a birth at 21 weeks and 5
days with survival and full health.
My google search found 21 weeks and 6 days. Without checking wiki,
maybe its the same. This was in Miami in late 2006.
If, in the year 2008, you cannot acknowledge that a fetus
that has heartbeats and brainwaves, breathes, has hair,
fingernails, can feel and respond to pain, smiles, hiccups, laughs
and dreams is indeed a person,
Did I ever deny this?
Contrary to what you say, having control over one's own body is
very much THE the issue here.
jj,
Just saw your James Gill post. The girl in Miami was only 10
ounces, vs his 1 lb, 6 ounces. He was earlier though.
Lamar ... good point and I am glad you brought that up. Here is the salient point: the baby is killed. The baby had no choice to express his/her will. Schiavo was allowed to die, i.e., nature was allowed to take it's course. BIG difference my friend.
shecky ... if you acknowledge that the baby has that very person-like attributes, then your point of view is precisely as I stated it to be: absurd.
Any attempt to conflate the Schiavo case, or any like it, with abortion is an exercise in warped logic.
"The issue is control over another human being."
Well, now that we're calling people names, let's look at how stupid
your idiotic argument is. The whole time you are arguing about
controlling another person's body for the sake of preventing them
from controlling another person's body. Two wrongs make a
right?
"heartbeats and brainwaves, breathes, has hair, fingernails,
can feel and respond to pain, smiles, hiccups, laughs and
dreams."
Pardon me for not being impressed. Partly because you are confusing
different periods in a pregnancy for the disingenuous overall
effect, and partly because I'm thinking, Terri Schiavo? Perhaps the
fact that YOU THINK HAIR MAKES ONE HUMAN makes me wonder if you
have a screw loose.
The fact is that until assholes like you realize that the argument
isn't clear-cut, we will continue to be a cro-magnon country.
I will respect the RC Deans of the world. I can't respect the
knuckle draggers whose world-view was taken with a pin-hole
camera.
"I agree that abortion is never a pleasant choice."
You are mistaken. I have worked with pregnant and parenting teen
moms in a hard-core urban setting. There are woman that choose
abortion as their only form of birth control. It's not uncommon for
this subset to have several abortions; for them it's akin to
getting one's teeth cleaned.
Monkey o' Fear:
That a person has heartbeats and brainwaves, breathes, has hair,
fingernails, can feel and respond to pain, smiles, hiccups, laughs
and dreams, is not the issue. The state must not have the ability
to force me to physically host that person so he can live. Even if
he's a really, really cute little child.
Suppose Schiavo (or anyone else) simply needed a kidney to live.
Your kidney, and nobody else's. The state should force you to give
it up. Does that sound absurd?
I couldn't read all these tedious comments, so I'll just assume
that nobody's said this already. It's not a difficult phenomenon,
the analysis does not have to be complicated. It has nothing to do
morality or civil rights. This is the one true answer:
When baby boomers used drugs they (the drugs) were a sacrament,
when the boomers got older came the war on drugs.
When baby boomers wanted to drink the drinking age fell, until
their kids wanted to drink at 18.
When baby boomers became the sandwich generation (i.e. the first
generation to have both parents *and* children, yeah, I know) they
needed help, and on and on until. . .
SHAZAM: baby boomers' grandkids are being aborted. This can't be
right.
Wait ten years, we'll find the wrinklies have discovered the right
to own a tax payer funded Lexus, a winter home in the caribbean and
pharmacare for viagra.
As I said, this is not a complex issue.
MonkeyofFear: Nice try on the Schiavo misdirection. You have to
decide if modern medicine is a factor in whether a death is OK or
not. You're trying to disregard modern medicine when it hurts your
case, but you are more than happy to use it to talk about babies
dreaming and playing hopscotch in the womb, and you also rely on
modern medicine to make premature babies viable earlier in the
pregnancy.
The Terri Schiavo reference was a trap to expose your blatant
hypocrisy.
First they came for the unviable fetuses,
But I said nothing, as I was viable.
"There are woman that choose abortion as their only form of
birth control."
I don't give a crap if it's their only form of acne
control. It's their body, not yours.
"I don't give a crap if it's their only form of acne control.
It's their body, not yours."
Still, it's awefully stupid...
Just to toss out an irrelevant, but interesting fact: Many years
ago, I visited the International Museum of Surgical Science in
Chicago, and I remember an exhibit there saying that the legal
status of abortions over the years has been highly correlated with
the technological question of whether abortions were more or less
likely to result in the mother's death than carrying the baby to
term. That is, during those times when childbirth was more deadly
to the mother than abortions, abortions have been legal. During
those times when abortions were more deadly to the mother, they
have been illegal.
Not relevant in a theoretical sense, perhaps, but I found it
interesting in a historical sense.
Considering the following, I would have to wonder what God's
position is:
====
It is estimated that up to 50% of all fertilized eggs die and are
lost (aborted) spontaneously, usually before the woman knows she is
pregnant. Among known pregnancies, the rate of miscarriage is
approximately 10% and usually occurs between the 7th and 12th weeks
of pregnancy.
Given that abortionsrapes will
still happen, I would much rather that they happened in as safe and
accessible way as possible, and that can only happen if they are
legal.
Fixed.
If a baby can breathe, has heartbeats and brainwaves, it is
alive. What is so hard to understand about this? I simply love how
certain people attempt to ignore the hard science on this ... this
isn't philosophy 101. It's science people ...
So 20 - 24 weeks then?
Every single miscarriage could lead to a prosecution of some
sort. This is why somebody can oppose abortion but be
pro-choice.
What percentage of miscarriages resulted in prosecutions when
abortions were illegal before Roe v. Wade? People try to paint this
dystopian picture of how the world would fall apart if abortion
were illegal, apparently forgetting that abortion used to be
illegal and the world didn't fall apart.
Tell that to Terry Schiavo.
See, again, my 2:37 post about rejecting definitions of personhood
that would exclude the disabled.
A person's claim to the most fundamental freedom, the control
over one's body, is the issue.
Again, this argument runs aground on the question of whether/when a
fetus is a person. If it is, then another person, even the mother,
is interfering with the fetus/person's control over its body by
terminating it.
There are lots of rights that are limited by other people's rights,
after all. Your right to swing your fist, etc.
I hate to say it again, but this formulation of the pro-choice
argument also begs the question.
Let me propose a test for the pro-choice advocates: If your
argument for allowing abortion contains no limiting principles, and
would allow a mother to terminate the fetus after delivery but
before the umbilical cord is cut, then you may have a
problem.
A similar test for the pro-life advocates: If your argument for
banning abortion contains no limiting principles and would prohibit
a mother from taking a morning-after pill that would terminate an
undifferentiated blastocyst, you may also have a problem.
Lamar ... please tell me when I tried to "disregard modern
medicine when it hurts your case, but you are more than happy to
use it to talk about babies dreaming and playing hopscotch in the
womb, and you also rely on modern medicine to make premature babies
viable earlier in the pregnancy". I never said anything about
premature babies being viable earlier in pregnancy outside of what
is medically proven to be true.
de stijl ... twenty weeks sounds right, in terms of viability ...
however, it has been demonstrated that some of the aforementioned
person-like characteristics exist as early as 10-12 weeks.
de stijl,
The heart begins beating in Week 5, and brain waves have been
measured as early as Week 7.
johnny clarke... thank you for supporting my point. Big difference between a natural death and an act of violence that results in death.
Johnny Clarke,
I don't get your point. Because embryos are likely to die
naturally, it's OK to kill them?
crimethink ... thanks for the technical assist, that's even earlier than I thought.
Abortion to me is about mother's liberty (or life in certain
situations) versus fetus's life. Both rights are real and the fact
that they come into direct conflict is why it's such a heated
issue.
The right to abortion is about the right to make an unreversable
choice. Why would it be wrong then to make that choice at the point
of sex? If you choose to not use sufficient protection or morning
after pill, then I really would have to say that the fetuses right
to life trumps your right to liberty. Unless the act wasn't fully
voluntary that is.
Now if there's a complication with the pregnancy, then the woman's
right to life comes into play, so she should have the full right to
terminate.
Has this already been mentioned? Apologies if it has.
At the danger of turning this into another Ron Paul thread,
National Review are saying that "Jane Roe", Norma Leah McCorvey,
may endorse Ron Paul tomorrow in a joint press conference.
To add to robc's point above, contract murders are illegal, and
this causes there to be a black market in murder. Also, the murders
are often done in cruel ways and the murderer's necessity of hiding
the body makes it very difficult or impossible for the families of
the murdered person to have a proper funeral.
Does this mean we should legalize murder?
de stijl,
Uh, OK. I thought the question was about heartbeat and brain waves.
You don't really think fully-developed alveoli are the determinant
of personhood, do you?
I've read several articles lately about the increase in
opposition to abortion among people between 15 and 30. I found that
surprising until I realized that this is a generation that has
probably never had a friend or family member die from an illegal
abortion.
That's a very different experience from people old enough to
remember high school classmates dying of "appendicitis."
crimethink,
"If a baby can breathe, has heartbeats and brainwaves, it is
alive."
See, again, my 2:37 post about rejecting definitions of
personhood that would exclude the disabled.
Again, this argument runs aground on the question of whether/when a
fetus is a person. If it is, then another person, even the mother,
is interfering with the fetus/person's control over its body by
terminating it.
When a disabled person needs to be run a tap to my vein in order to
survive, then it's too much. That is my choice to make.Not
the disabled person's
A fetus (or another full grown person) that needs a human body host
in order to live loses to the person who is the host.
Look, this is an abortion thread and if you think you are going
to change anyone's opinion about the issue with passionately
written blog comments you're gravely mistaken.
We can know the timing of pre-natal development, but it will never
answer "when does a person become a person."
To claim that your side owns all of the science on the issue, you
are mistaken. To claim your side owns all of the logic on the
issue, you are misguided. To claim that your side owns all of the
morality on the issue....
shecky,
But if you tell the person he can tap your blood if he needs it,
then yank it out, that would be wack.
I'm saying that if you choose to have unprotected sex and not use
morning after pill, you're giving an child that may result from
said act the right to tap into your blood as long as it needs
it.
And, of course, you've negotiated and signed some sort of contract with that mindless little clump of cells?
Philosophically, Rand had it right. You cannot subrogate the
rights of an actual person to those of a potential person.
Politically/morally, Clinton had it right. Safe, legal, and
rare.
I'm saying that if you choose to have unprotected sex and
not use morning after pill, you're giving an child that may result
from said act the right to tap into your blood as long as it needs
it.
I'd disagree. One, an unprotected sex act implies nothing other
than the unprotected sex act. Two, one's decision to physically
host or not host another being can be made at any time, barring any
prior contract.
Actually, I would say this is one of many areas where Rand got
it wrong and Objectivists still get it wrong. But she's got good
company, as anti-abortion libertarians are a minority.
"Actual person" and "potential person" are about as moral a
distinction as the ol' "3/5th of a person."
We have unalienable rights, or we don't. We're not given rights
from the government, and we don't get rights as a magical gift
after sliding out a vagina.
The major reason why a state is better than anarchy is that a state
can enforce contracts and protect people's rights through the rule
of law. These rights do not include those that directly contradict
the rights of others.
My liberties do not include the right to infringe on yours.
On the anniversary of Roe v. Wade, Norma Leah McCorvey (Jane
Roe) is meeting with Dr. Ron Paul for a press conference.
Might another endorsement be gestating?
http://www.pr-inside.com/ron-paul-to-hold-news-conference-r397373.htm
cut& paste or click on my name.
Let's call the debate what it is, a surreptitious argument over
the sanctity of the soul. It's starting to resemble the creationism
argument. Certain prominent anti-abortion groups now realize that
they can't simply coast along on the "It's against God's will"
argument, and now must find various drawn out ways to assert a
legal state of personhood for the fetus. Of course, it has
failed.
Beyond that, the issue is merely about how one person, or group
places a particular importance on the fetus.
The argument eventually veers back towards personal morality. So,
as it stands, I still have not read a single convincing argument as
to why a woman should be forced to carry her pregnancy to term
under any rational set of laws.
The fact that a site titled "Reasons" has so many readers who are
unable to follow this simple line of logic, is truly
disappointing.
The violinist argument is still the most convincing. Until someone
can assert convincingly why the fetus should be heralded with such
importance in everyone's mind, a woman's right to have an abortion
should be federally protected. I consider it an incredibly
important, basic right.
When a disabled person needs to be run a tap to my vein in
order to survive, then it's too much. That is my choice to make.
Not the disabled person's.
So consensual sex carries no obligations or responsibilities with
it? Millions of men paying child support will be relieved to learn
of that.
Somewhat less snarkily, the idea that a mother has absolutely no
responsibility to a fetus is troubling on a couple of fronts.
First, parents have all kinds of obligations to their kids. Lots of
people have trouble believing that these obligations spring into
being at the instant the umbilical cord is cut.
Second, when the fetus is the product of consensual sex, it gets to
be a lot harder to run the parasite/trespasser routine, because the
fetus, as the foreseeable result of said sex, is in some sense an
invitee.
And, to repeat myself, your right to control your body is not
absolute. You're not allowed to do so in ways that harm others. If
the cliche about your right to swing your fist doesn't do it for
you, howsabout the public health laws that don't allow you to
"control your body" in ways that present serious risks to your
fellows?
Sorry, but I'm still looking for limiting principles here.
So, as it stands, I still have not read a single convincing
argument as to why a woman should be forced to carry her pregnancy
to term under any rational set of laws.
Then you haven't been reading very closely. Once a fetus is
recognized as a person, allowing the mother to abort becomes an
infringement on that person's rights.
The question, of course, is when do you recognize the fetus as a
person. That's a tough question, but I simply cannot accept that a
fetus is not a person until the umbilical cord is cut. Give me a
reason why I should draw the line at that point and no earlier, and
we can talk, but so far no one has really cared to argue this
point.
The fact that a site titled "Reasons" has so many readers
who are unable to follow this simple line of logic, is truly
disappointing.
I believe this calls for a drink, yes?
I believe it is a matter of personal responsibility. If a
pregnancy occurs for any reason other than forced copulation, than
the persons responsible for said conception must face the
responsibilties therein. I wonder if libertarianism is such a hard
sell here in the U.S. because of the overhelming sense of
entitlement and lack of responsibility for one's actions. Abortion
should be available as a medical procedure for rape cases. Not so a
couple folks don't have to be responsible for carelesness.
It isn't a matter of politics or religion or where life begins, it
is making a choice to possibly procreate and dealing raising the
child that results from what is biologically the sole reason for
sex.
"The right to abortion is about the right to make an
unreversable choice. Why would it be wrong then to make that choice
at the point of sex? If you choose to not use sufficient protection
or morning after pill, then I really would have to say that the
fetuses right to life trumps your right to liberty. Unless the act
wasn't fully voluntary that is."
You could say that, but you have not provided any sound reason as
to why someone else should be forced to feel the same way about the
fetus.
This is the absurdity of the abortion debate. It is merely reduced
to a particular view point about the sanctity of the fetus.
Not everyone agrees that it has the same level of importance that
you put on it, so you can not reasonably force someone to act in
such a manner.
Calling a fetus a "person" is an arbitrary distinction. You'll
never get everyone to agree that it constitutes person-hood. The
woman helped to create the fetus, and must carry the fetus within
her. She has the right to terminate that chemistry at any point,
and no government, or group has any logical right to tell her that
she can't.
You can assert morality all that you like, but your morality may
differ from someone else's morality.
"Personhood" is based on very little. In fact the very idea of
"legal personhood" I find to be contradictory to libertarianism
itself and the classical liberal philosophy of natural
rights.
The state doesn't say we have rights. Society doesn't say we have
rights. We have them, inherently, and they are unalienable.
"Then you haven't been reading very closely. Once a fetus is
recognized as a person, allowing the mother to abort becomes an
infringement on that person's rights."
You have not established why everyone must consider the fetus a
person. That is YOUR distinction. It still doesn't resolve the
symbiotic burden.
"The question, of course, is when do you recognize the fetus as a
person."
No, that is YOUR question. I don't consider the fetus a person
entitled to the right to remain inside of a woman.
"That's a tough question, but I simply cannot accept that a fetus
is not a person until the umbilical cord is cut. Give me a reason
why I should draw the line at that point and no earlier, and we can
talk, but so far no one has really cared to argue this
point."
The fact that YOU can't accept it is not an argument. Fine, you
can't accept that. You still haven't proven why I should accept
that it is a person entitled to the unique right to not be aborted
from its host.
"So consensual sex carries no obligations or responsibilities
with it? Millions of men paying child support will be relieved to
learn of that."
Sure it does. Those responsibilities should include whether to keep
the child, give it up for adoption, or to abort it. Having a gang
of people force you to abandon one of those responsible choices is
not giving way to liberty. If anything, it's once again enforcing
an arbitrary moral code onto them.
No, abortion is never a responsible choice. It is a selfish
choice.
There is nothing wrong with following one's own rational
self-interest, but that is not what I said. I said selfish.
Violently and destructively selfish, willing to harm others for
your own personal benefit.
That is unacceptable. Your liberty ends where another's begins.
JayDubya,
"I know what it means to be biologically 'alive.'"
Then you know more than most practicing biologists, because there's
not a single broadly accepted definition of "biologically
alive."
also,
'an organism that lives on or in an organism of another species,
known as the host, from the body of which it obtains nutriment.' OF
ANOTHER SPECIES."
I'm not sure where you came up with that definition of parasite,
but it most definitely is not a generally accepted biological
definition. Practicing biologists quite commonly use the word to
include/allow for intraspecific parasitism.
Monkey of Fear,
"99.9% of women who engage in sexual activities are well aware that
sex could lead to pregnancy."
It's interesting that you would spend so much time explaining the
need for scientific rigor, consistency, and honesty, then pull a
statistic like this straight out of your ass because it suits your
argument.
"If a baby can breathe, has heartbeats and brainwaves, it is alive.
What is so hard to understand about this? I simply love how certain
people attempt to ignore the hard science on this"
I'm absolutely baffled by how you've decreed this to be the
accepted definition of alive and then decreed your definition to be
"the hard science." Neither one of these is actually the case, no
matter how many times you repeat them.
"No one libertarian has been able to satisfactorily answer my
question on abortion in these last six years."
Maybe it's time you quit assuming that the fault is with all
libertarians.
"Intraspecific parasitism?"
You mean intraspecific competition within a population for
resources? Hardly applies here.
Also, yes, there is more or less a conventional definition for life
and one can find it in the first chapter of any Biology
textbook.
It is a list of characteristics: homeostasis, organization,
adaptation, and so on. Wiki's entry seems to be spot-on.
http://en.wikipedia.org/wiki/Life#Definitions
"You mean intraspecific competition within a population for
resources?"
No, I'm not talking about competition, I'm talking about
parasitism. A commonly accepted definition of parasitism is fairly
similar to the one you cited above, but it allows for that sort of
interaction among members of the same species. As I mentioned
above, it's a definition commonly used by practicing biologists.
Look up intraspecific brood parasitism if you'd like an
example.
"Also, yes, there is more or less a conventional definition for
life and one can find it in the first chapter of any Biology
textbook."
I'm not sure what you mean by "conventional definition," but there
is certainly not a broadly accepted definition among practicing
biologists. Also, wikipedia probably isn't the ideal place to go if
you're interested in scientific rigor. Neither, for that matter, is
your intro biology textbook.
The comparison between a fetus and a parasite is ludicrous. Even
if you define a fetus as a parasite, that does not mean it is not
human. Doesn't the whole foundation of this debate rest upon the
assumption of whether or not the fetus is human life? Forget
parasites and hosts--we're not arguing about the relationship
between the mother and fetus. If one can argue that the fetus is
human life, then it has liberty and rights just like the rest of
us. If it assumed that the fetus can live 9 months in vivo without
threatening the life of the child-bearer, doesn't it have the right
to reach birth? Of course, I've posited more questions than I have
answered them.
I shouldn't have dropped out of intro to logic freshman year!
I agree that the government, state, national, ect. has no place in intruding into a woman's decision to have an abortion. I also say that taxpayer money should not be used to pay for an abortion as that also would be government intrusion. The government would get to choose which woman or girl will get the money, which doctor they can use, when they can have the abortion, what criteria must be met and so on. The abortion issue, to me at least, is about individual and personal choice whether it is moral or not.
@ Sparky:
So basically, a Biology textbook is a poor place to learn
scientific definitions?
Riiiight.
Also, I realize Wiki is not a great source. Hence me mentioning
that it was fairly spot on. In this instance. Furthermore, it lists
other definitions, and obviously each one has its followers, but
the conventional definition is "conventional" for a reason.
At any rate, we are dealing with a living member of the Homo
sapiens species. Trying to make dubious and unscientific claims
that it is not alive or not human will not fly.
RC:
And, to repeat myself, your right to control your body is not
absolute. You're not allowed to do so in ways that harm others. If
the cliche about your right to swing your fist doesn't do it for
you, howsabout the public health laws that don't allow you to
"control your body" in ways that present serious risks to your
fellows?
Sorry, but I'm still looking for limiting principles
here.
I've given you limiting principles. The state should not compel
anybody to be a physical host to another being.
Even if that other being may die.
This is not some way out idea. It's a very bare bones line in the
sand about personal freedoms and the limits of government intrusion
onto the most intimate parts of our private lives. Granting the
state power over one's body in this way pretty much ends any idea
of personal autonomy, as the state can subsequently justify any
coercive act that isn't nearly as invasive to one's physical being.
This is exactly the sort of thing small government types want to
get away from.
So consensual sex carries no obligations or responsibilities
with it? Millions of men paying child support will be relieved to
learn of that.
Consensual sex, like any other act, only carries obligations and
responsibilities if responsibilities and obligations arise from the
act. Thanks to technology, these things can be greatly minimized or
even eliminated.
Somewhat less snarkily, the idea that a mother has absolutely
no responsibility to a fetus is troubling on a couple of
fronts.
Yes, freedom is troubling sometimes.
First, parents have all kinds of obligations to their kids.
Lots of people have trouble believing that these
obligations spring into being at the instant the umbilical cord is
cut.
Belief is a difficult thing to legislate. If that is your belief,
then by all means, believe it. Just don't ask the state to force
your beliefs on me.
Second, when the fetus is the product of consensual sex, it
gets to be a lot harder to run the parasite/trespasser routine,
because the fetus, as the foreseeable result of said sex, is in
some sense an invitee.
Why should it not be possible to un-invite somebody? Should you
have to put up with the drunken boor you invited over your house,
simply because you invited him, or is it permissible to show him
the door?
"People try to paint this dystopian picture of how the world
would fall apart if abortion were illegal, apparently forgetting
that abortion used to be illegal and the world didn't fall
apart."
I think a lot of women died in back alley abortions, except those
rich enough to fly to Switzerland or somewhere. There's a reason
the pro-choice signs have a coat hanger on them. Did the world fall
apart? Some say that's exactly what happened in the 1960s.
Aside from that, the debate is fundamentally different today. I
refer you to Salvius' 5:01 post.
I agree with those above that say subordinating the rights of an
actual person to those of a potential person is a poor legal
position.
I'm absolutely baffled by how you've decreed this to be the
accepted definition of alive and then decreed your definition to be
"the hard science." Neither one of these is actually the case, no
matter how many times you repeat them.
Nowithstanding that I have no particular opinion on abortion that I
want to make public, this statement conclusively proves that Sparky
is an asshat. "I know what you're saying is true, but it's not true
even if you repeat it". What a stupid statement.
I'm pretty against abortion (w/ rape in health exceptions of course), but it may happen to be one of those things like drugs or guns where outlawing it could be worse than the thing itself. That's the pro-choice argument that I personally find the most resonant.
"So basically, a Biology textbook is a poor place to learn
scientific definitions?
Riiiight."
JayDubya,
If you ask any practicing scientist who has looked at textbooks in
his or her field, they will tell you that one of the biggest
"scientific sins" committed by textbooks (especially, although not
exclusively, intro textbooks) is that they treat as settled,
accepted truth many things that are in fact still controversial and
debated in the scientific community. So if you've found a
definition of alive in your freshman bio textbook, good for you,
and I'm happy for you that it fits your personal ideological needs.
But it says nothing about what definition(s) actual practicing
scientists use or how much disagreement there is. The fact that you
don't seem to understand this doesn't say much for your credibility
in determining what generally accepted scientific definitions
are.
"At any rate, we are dealing with a living member of the Homo
sapiens species. Trying to make dubious and unscientific claims
that it is not alive or not human will not fly."
Again, you can't just decree this and magically make it true, no
matter how much you'd like that to be the case. The fact that some
people may have definitions of alive that don't fit your personal
choice/ideology does not make them dubious or unscientific.
The state should not compel anybody to be a physical host to
another being. Even if that other being may die.
What if that person became a physical host as a result of her
voluntary actions? Pregnancy is almost always a result of a
consensual act with a foreseeable consequence. Under classic tort
law, that means you are liable to restore, replace, or rescue the
person who becomes dependent as a result of your actions.
Consensual sex, like any other act, only carries obligations
and responsibilities if responsibilities and obligations arise from
the act.
So, you believe in the stork?
Why should it not be possible to un-invite somebody?
Un-inviting someone is different than killing someone and dumping
them on the street. That's exactly what abortion is.
Other Matt,
If you honestly think that this - "I know what you're saying is
true, but it's not true even if you repeat it" - is a reasonable
summation of what you quoted from me, then you may want to take a
break from the comment boards and work on your reading
comprehension for a few months. You're not even on the same planet
as what I said.
If you don't honestly think that's a reasonable summation but you
typed it anyway, then you're even less worthy of anyone's
attention. Have a swell night.
@ for the sake of reason:
Not everyone agrees that it has the same level of importance
that you put on it, so you can not reasonably force someone to act
in such a manner.
Oh, well, since I don't hold murder to the same level of importance
that you do, and you are on the wrong side of this debate as far as
I'm concerned, I'm going to have to go ahead and eliminate
you.
When women make the choice to have sex, with or without protection,
they must know that they are taking some sort of risk of having a
child. Even if they try to minimize that risk, they are still aware
that the very act of having sex produces children. If they wish to
still have some sort of sexual pleasure and destroy chances of
becoming pregnant, they can try other forms of sex or they can
sleep with women. It's by the simple fact that they know that there
is a risk and they do it anyway that shows that consent is given
(to have a child). Every day I get in my car I assume that there is
a chance that I could get in an accident and die. Of course there's
a risk, but I do it anyways.
Ultimately, the solution I offer is to continue in education. It
seems that nobody knows what is the best way to educate a child
while inducing as little prolonged harm as possible (simple "sex
ed." versus "you'll burn in HELL for playing with your nob!"), but
I'm certain that educating children of all of the implications and
possibilities is for the best. I think that it's most people's view
here that abortions should be legal, but rare. Education seems to
be the best altogether choice, as opposed to telling the other side
what to believe.
Why? I have my own theories as to why this exists, but I would like a thoughtful response from someone that is libertarian, pro-science, a believer in evolution, personal liberty and is yet pro-abortion.
I'm no "libertarian", especially now that "libertarian" means
"making up excuses to submit to right wing authoritarian rule and
still call yourself 'libertarian' for some reason".
Nor am I "pro-abortion".
But I am pro-legal-abortion, pro-science, and far from being
ignorant enough to deny the reality of evolution (and yes, writers
of the dozens of pitiful squeals that evolution hasn't been
"proven" or whatever that will follow, you are either ignorant,
dishonest, or both for denying scientific reality, which
incidentally, has nothing to do with religion).
I am personally against abortion, and any pregnancy I cause, I will
take responsibility for (I am male). But abortion is a woman's
choice.
There is no "scientific" way of deciding when "human life" begins.
Fertilization of an ovum by a sperm could be seen as necessary, but
not sufficient, for human life. "The moment of conception" is a
spiritual designation that I respect, and if that's your spiritual
view, you shouldn't have an abortion (or, in most cases, lie by
calling yourself a "libertarian").
However, at the end of the day, a pregnancy is part of a woman's
body, and the law does NOT define an early embryo or fetus as a
human being.
It's very simple. When abortion is legal, anyone who
adheres to a spiritual or moral code that forbids abortion can
choose not to have one. So there is no problem.
There are only two reasons, not mutually exclusive, why someone
would pretend that it is "libertarian" to ban abortion -
1) Primarily, an effort to suck up and submit to an authoritarian
political party, the Republican Party, and make strained,
hypocritical arguments that any policy of that party, however
outrageously anti-freedom, is "libertarian".
2) Secondarily, an effort to violate the liberty of women and exert
male dominance, while uproariously calling yourself a
"libertarian".
"Reason" seems to be neither reasonable nor libertarian (although I
do appreciate the pro-science editorials on the subject of
evolution). It seems to be increasingly oriented toward supporting
the authoritarian, imperialist, corrupt, spendthrift Republican
party, even to the extent of asserting, in what is surely one of
the most laughable events in the history of journalism, that
Fred Thompson is a libertarian! Did you ask Fred?
I'm not so sure he wants to be called "liber-" anything.
Over at the Mises Institute, Prof. Block has carved out an
extractionist position on abortion, defining the
pro-choice position as "Remove? Acceptable. Kill? Acceptable.", the
pro-life position as "Remove? Unacceptable. Kill? Unacceptable.",
and finally the extractionist position as "Remove? Acceptable.
Kill? Unacceptable."
-- a position that advances in medical and legal technology will
render as "Eh, I don't want this, so take it out and save it for
someone who cares."
Prof. Block discusses this in several places; this may not
be the best (mp3) of them.
I imagine because I am "pro-life" and a member of the Greek
Orthodox church, most people are going to accuse me of three
things: pushing my beliefs on others, being a closet authoritarian,
or being a misogynist. But, I am none of those things. I advocate
ending the war on drugs, I advocate making prostitution legal, and
etc. I advocate freedom and believe people should be allowed to
make choices no matter how much I disagree with that choice
personally. In fact, I have a PhD in freedomology, so no one
advocates freedom more than I do.
However, I am steadfastly opposed to abortion except in two
instances: rape, or when the health of mother is at risk. Human
life should be valued and cherished, and the life of any human
being should be protected. I believe in LIFE, liberty, and the
pursuit of happiness. You may try to devalue a human by calling it
an embryo, but we all know what it is going to be within 9 months
or so, and I believe it has the right to continue its development
into infancy. And when there is a conflict between two people's
right to life, such as in the cases of rape and the health of the
mother, I believe the woman has the right to make that choice. Why
are people unable to use contraception? It may now work in every
case, but if people used contraception more frequently, I imagine
the need for abortions would drop precipitously.
FWIW, and directed at no one in particular, I don't think anyone who's pro-life is necessarily a misogynist, authoritarian, or anything else in that vein. I just think that it's crap to pretend that "hard science" inevitably leads to the pro-life view, or that pro-choicers are anti- or unscientific.
So were abortion to be made a crime, what would be the appropriate punishment ? For the woman who gets the abortion ? Same as murder ? Something less ? For the person administering the procedure ? Likewise ?
i we strongly belive that abortion should be crimely aboloshed unless it means the women and unborn childs life in jeporady.punishment should be extended to the Doctor,hosptal facility.and extensive counseling should be directive to the female obtaining it.
"Fred Thompson is a libertarian."
To what statement from Nick Gillespie are you referring?
Andrew Jackson,
Man, I'm also Greek Orthodox and totally agree with everything you
said. If we were gay eHarmony would totally hook us up.
If abortion was illegal, than I would have to punish the woman and abortion doctor. It would be intellectually dishonest if I did not treat the wanton killing of an unborn human the same as a normie. Remember I would not criminalize abortion in the cases of rape, risk to the mother's health, or if there was a serious impediment to the baby living a healthy life. We punish fathers who do not pay child support, should we also not punish someone who will not let a person have its unalienable right to life?
"So were abortion to be made a crime, what would be the
appropriate punishment ? For the woman who gets the abortion ? Same
as murder ? Something less ? For the person administering the
procedure ? Likewise ?"
First off, Roe should be overturned. Any libertarian with a lick of
sense should be able to recognize that. The Constitution is
completely silent on this issue and that means the matter falls to
the 10th Amendment, and thus, state and local control over our own
penal codes.
Second of all, as a state-by-state issue, I am not overly concerned
about what the national LP or Libertarians outside of my state
think, and we can agree to disagree. The Supreme Court had no legal
basis to overturn my state's anti-abortion legislation, and it
should be reinstated as soon as possible.
Third? It is a contract killing. It is premeditated and
intentional. The act should be treated as a premeditated and
intentional killing. Any accomplices should be given sentences as
appropriate. Both the killer and the one hiring them frequently
repeat their crimes; ergo, it would be wise to remove them from
society in order to prevent their ability to do more harm to other
innocents.
"As long as people have the choice to murder other
adults, but choose not to exercise it because they don't like
it, there's no problem."
As long as people have the choice to molest children, but
choose not to exercise it because they don't like it, there's no
problem.
Episiarch -- in a nation of 300 million people, if it's legal, some
(perhaps many) people will avail themselves of the opportunity.
FWIW, and directed at no one in particular, I don't think
anyone who's pro-life is necessarily a misogynist, authoritarian,
or anything else in that vein. I just think that it's crap to
pretend that "hard science" inevitably leads to the pro-life view,
or that pro-choicers are anti- or unscientific.
Agreed. It's an ethical debate about when a human life starts.
There's no hard and fast point in the process that can be
scientifically determined. All science can do is reveal what human
characteristics are present at any given stage in the fetus'
development.
FWIW, and directed at no one in particular, I don't think
anyone who's pro-life is necessarily a misogynist, authoritarian,
or anything else in that vein
Bullshit.
We know what happens in countries where abortion is banned.
Nicaragua, Chile, El Salvador. We have examples.
Examples of women being raped with medical instruments to prove
that their miscarriage was natural and not induced.
Examples of women being left to die, because doing a D&C to
remove septic tissue after a failed miscarriage is
indistinguishable from an abortion, and no doctor is willing to
risk prosecution, even if they did have the skill-set to do one in
the first place.
There is no way to ban abortion that is compatible with treating
women as humans with rights. Quit trying to pretend otherwise.
"Bullshit?"
Yeah, we just hate women. Even female anti-abortion libertarians
(they're just self-loathing).
I would say that another big factor in the lower incidence of
abortion is that unwed motherhood doesn't carry anything like the
stigma that it did even fifteen years ago.
-jcr
If one sees an unborn fetus as basically a child already, then there is not a huge difference between abortion and infanticide. If a woman has the right to terminate the child's life while it is in the womb, why not extend that right to, let's say, the first hour after the child is born? Those of you who feel that a woman has the "right" to abort a child, will you extend this "right" a bit further?
"Amanda":
You are the most incompetent troll ever. How many people took the
bait? Maybe four? Out of two hundred posts? Surrender now or risk
being crushed by one of Urkobold's minions. It will be no
contest.
Who says we have to? There's nothing wrong with accepting a
distinct arbitrary line for pregnancy, and actual child-birth,
since it already conveniently exists in a rather obvious way. The
person-hood argument certainly can be debated ad nauseum, but child
birth is a fairly obvious line.
Essentially what you are trying to do is establish a slippery slope
argument for the eventual termination of born child. Some could
(and have) argue for that, but it's merely blurring a distinction
that is already marked by child birth.
So, there's no reason to go any further with it, and clealry
abortion has not established any widespread acceptance for the
culling of born children. So, I don't see how this argument holds
much sway in the discussion.
"First off, Roe should be overturned. Any libertarian with a
lick of sense should be able to recognize that. The Constitution is
completely silent on this issue and that means the matter falls to
the 10th Amendment, and thus, state and local control over our own
penal codes."
Life, liberty, and the pursuit of happiness.
It's certainly covered in the Constitution, if you accept its
construed legality, as is done in numerous other issues that are
not explicitly addressed in the Constitution. At the very least,
the Constitution certainly doesn't deem it unconstitutional.
Therefore, the issue is being debated as it should be, now, in the
proper context.
I believe that such a right should be Constitutionally protected
due to the level of control it deals to an individual over their
own body. I don't believe that a local majority has the right to
deny such a right, due to the metaphysical reasoning that is often
used to combat it. Make an amendment if you have to. However,
falling back on the tired "Leave it up to the states" rhetoric is
becoming the favorite escape clause for a failed philosophical
debate.
You might be surprised to know that there are others who feel just
as strongly about their inherent right to have an abortion, as you
do about the sanctity of the fetus. Claiming that you, along with
the majority have the right to enforce a relative moral illegality
on them is about as offensive, and frightening as it gets. However,
there's been a lot of that kind of reasoning within the current
Buchanan-esque, Libertarian ranks.
Finally, I wouldn't be slinging around the term "Libertarian" so
smugly these days. It doesn't carry as much weight as it used to,
and due to the horrible logic displayed on this forum, I don't even
know how many people found their way here.
This place is slowly turning into the Youtube comments section.
The problem is not Roe vs. Wade, but the way perjury was used to
create a law aimed at releasing women from any responsibility. Jane
Roe, or rather Norma McGovern, was never raped but pregnant by her
boyfriend, and her pregnancy was not such a burden to her - she
carried it out and gave the baby up for adoption.
In short: 30 million women based their "right" to kill their unborn
on a criminal lie. That is not the way to make laws for a decent
society.
We may have to accept the necessity of an abortion in some cases -
but that is a sad decision - NOT A RIGHT! A right is something to
exercise, enjoy and celebrate. This, however, is not anything of
that kind.
Yes: Roe/Wade has to go - it is a lie. Let us have a real
discussion, without the power hunger of some self-appointed
"women's rights" advocates who pretend to speak for all
women.
Women are not such self-centered consumerist bimbos. Real women
have feelings, need love, need men, need family. They don't throw
away the best they have: their unique womanhood - just to make a
career in an aircon office and a likewise cold home.
This whole thing has stunk from the start. And even the smouldering
(not burning) Bush could have been chased out, if the glorious
"Right" of child-disposal had not strangled Kerry in the last
elections.
It was the vote of women who want family and children more than a
luxury appartment and car that brought an otherwise sensible
candidate and President down. Thank you, N.O.W.! Doing it again?
Thanks, you pseudo-women - without me - and millions others.
Dr. Joan Boost
"Life, liberty, and the pursuit of happiness."
That's the DOI. Nevertheless, I do believe in those things. I
believe in them with every fiber of my being.
Hence my opposition for the killing of innocent human children with
a natural right to life.
"It's certainly covered in the Constitution, if you accept its
construed legality, as is done in numerous other issues that are
not explicitly addressed in the Constitution."
Not explicitly addressed? Exactly. The Constitution is a strict
limit on federal power. Any matter not explicitly addressed in the
Constitution falls under the Tenth Amendment.
"I believe that such a right should be Constitutionally protected
due to the level of control it deals to an individual over their
own body."
Great, then support a constitutional amendment. Blackmun had no
legal basis for his "it's in there, lol" argument in Roe.
I certainly do support a constitutional amendment banning abortion
nationally, just as much as you want it enshrined nationally,
apparently. However, neither amendment would receive the necessary
ratification. Thanks to federalism, I could at least live in a
state that didn't sanction this barbarism.
The north can be the "slave states." We can defend the liberty of
the innocent this time.
"However, there's been a lot of that kind of reasoning within the
current Buchanan-esque, Libertarian ranks."
Oh get off it. We don't agree with you on one issue so we're not
fit for your little club?
My issue stance is inspired by libertarian and classical liberal
philosophy, not contradicted by it.
Meanwhile, you obviously don't care about restraining the leviathan
when it asserts power it doesn't have, so are YOU really a
libertarian?
Two can play this rather unfair game, sir.
These "children" are not innocent
nor guilty nor do they have a "right"
to be born, that choice is totally up
to the woman. You are obviously a statist
of the worst sort who would interfere in
the most private of activities. There are
no rights of the unborn or of future generations and certainly no
right of
the product of a person to supercede
that person's rights. Where do you goons
get off ? If you enact anti-abortion people
have the right to resist that by any means
necessary. ANY means.
The Constitution is not sacred, it
countenanced slavery and federal
regulation of commerce and tariffs
(taxation), the death penalty and
other evils. Of course, Roe should
NOT be repealed, it expands freedom,
that is the only rational criterion.
As far the primitive who penned that
reproduction is the only biological
reason for sex, as humans we are not
stuck at that primitive level, we can
have it for pleasure too. Spare us
all the halfassed arguments on viability,
as Rothbard succinctly argued, it doesn't
matter.
Frankly, no, you're wrong. We all have unalienable rights to our
lives, our liberty, and our property. More or less, a right defines
what other people may not do. A right to life means you may not
kill me; it does not mean I cannot die, or you are obligated to
save me, but it does mean that you may not initiate force against
me and end my life.
The role of the state is not only to enforce contracts, but to
protect these rights by punishing aggression.
In anarchy, there is no state to protect these rights by punishing
aggression. So if you want to say I am a statist, I say, yes,
absolutely.
I am no anarchocapitalist. I am a libertarian. I support a
minimalist state, tightly restricted in governmental powers.
I support our framework of a federalist constitutional republic, if
not its current form, in practice, it has strayed far from that
framework.
A statist of the worst kind? A statist of the worst kind promotes a
powerful state that does nothing to protect the natural rights of
its people, and indeed, often infringes upon them.
A statist of the worst kind believes the state gives you rights,
not that they are natural and inherent and universal and
unalienable. This philosophy means that the people of other states
have no rights (see: Guantanamo detainees denied habeas corpus), or
that rights can be taken away on the government's whim.
There's nothing wrong with accepting a distinct arbitrary
line for pregnancy, and actual child-birth, since it already
conveniently exists in a rather obvious way. The person-hood
argument certainly can be debated ad nauseum, but child birth is a
fairly obvious line.
That is certainly one very clear place to draw the line that
happens to be at one extreme of the spectrum. The other clear place
to draw the line is, of course, at conception.
But allowing abortion right up until childbirth (defined how?
commencement of labor? crowning? cutting the cord? first breath?)
allows allows a mother who has made the decision to let her
pregnancy go into late term terminate a fetus who is fully viable,
and could be delivered and placed into adoption.
Its get to be really hard at that point to say that there is no
violation of rights, no human/moral cost, no person to protect, and
it also gets to be harder to say that a woman who has voluntarily
let things get to that point should still have a completely
unfettered right to terminate.
To make yet another legal analogy, in the commercial realm a
continued course of action can create justified reliance and
expectations amounting to an implied contract.
So, sure, allowing abortion up until childbirth (once defined)
creates a nice bright line, but it is not without its rather ugly
implications.
So now we have blogging on Reason about the immorality of
abortion?
Maybe I can save money by canceling my subscription and going to
Mass at the Baptist Church and get the same enlightenment for
free.
I expected better from you guys.
Now I'm going to drink a 40 so my unborn baby will stop kicking and
I can finally get some sleep.
i disagree with the previously posted assumption that JayDubya
posited, i.e., that MonkeyOfFear is an "atheist" because
MonkeyOfFear stated that he used "reason". this implies that you
cannot use reason if you believe in one or more supreme beings. as
someone who is a student of quantum mechanics and the possibility
of a supreme being existing there (a la "What The @#$! Do We
Know?"), i can easily reconcile being a non-atheist and using
logic.
If you had stood at the side of the Embarcadero and watched as
10,000+ anti-choice Catholic marchers went by with pre-printed,
church-supplied signs, shouting and chanting and singing
mind-numbing "kum-by-yah"-type songs at people that simply want to
be in control of their own bodies, perhaps you would view the
anti's differently.
i stood at the side waving a condom, shouting "this prevents both
abortion and STD's". my shouts were met with hostility and disgust.
the anti's even put tape over the mouths of their children in an
effort to show that "no one speaks for the unborn". yet speak they
do.
the womb is the mother's property, yes? and preventing abortion of
the fetus/"person" is forced management and nurturing by the woman,
yes? thus, i think the Catholics et al should pay a rental and
management fee to the woman carrying the fetus/"person".
in reality, the most logical course of action to resolve this
debate would be for private enterprise to create "artificial wombs"
that could carry a fetus, even a very young fetus, to term. then
the anti's could buy those and pay for the doctor to "relocate" the
fetus to the artificial womb (as well as the resultant medical fees
and management costs).
i'm still waiting for a response from His Holiness.
Live long and prosper,
T'Surakmaat
The one thing I've never gotten is the whole "no abortion unless it's rape/incest" position. If the fetus is a person, then it retains those rights no matter how it happened to have come into existence. The government doesn't round up already born children of incestuous parentage and shoot them - at least not yet.
i'll never "jump to the end" of a blog again.
now i find this, from "Dr. Joan":
"Real women have feelings, need love, need men, need family."
some. some need women, not men. and some need neither.
Live long and propser,
T'Surakmaat
Spent the weekend with two lovely children from India.
They were not aborted.
Instead, their mother's hid the pregnancy until they could hide it
no longer (28ish weeks) and went to the hospital to be
induced.
This is a common practice in India.
The orphanage where these children came from took it upon
themselves to save the children, who previously were just left in
the hallway of the hospital to die.
Now, the orphanage goes by, picks up the kids, and has a low-budget
preemy ICU...
Not sure how all of this relates to the abortion debate above
(which I didn't read), but it is an interesting twist on the issue
I was previously unaware of.
Dubya, like all bad writers you
take up a lot of space to say little.
You never dealt with the original argument
of Rothbard's that I brought forth at the
beginning. Go reread it. Nor did you deal
with my two subsequent postings.
"Limited" statism is an oxymoron.
If you were inside my body or on my property
against my will, I have every right
to eliminate you as an act of self-defense.
There is no "right to life" because all
rights are contextual and zygotes, fetuses,
spermatozoa, et cetera, have no rights,
they exist solely as an appendage of another
person until that person chooses to give birth.
Only then, the physical & metaphysical separation from the
woman's body creates
a new entity with rights. The unborn have
no rights, there is no right to be born.
Abortion clinics might also be dropping in number because
anti-abortionists kill doctors who perform them, picket the
clinics, intimidate the people who might use them, and create an
atmosphere of withering hate.
If they're right about God, the Devil, and Hell, then they're
wrong, and they're going to pay for it.
"So, sure, allowing abortion up until childbirth (once defined)
creates a nice bright line, but it is not without its rather ugly
implications."
Yes, the implications under your emotional devotion to the fetus.
Another person may not seem so sentimental about it, or maybe it's
the best decision they feel that they can make as creator of that
fetus.
Once again, the argument over what constitutes personhood, and when
the rights of the fetus outweigh the mother's right to make a
decision that she feels she can physically, and emotionally manage,
are relative.
I don't see how, or why that should be legislated at any
level.
As always, it's an emotional argument since no one can say
definitively when personhood begins, and even if they did, how
could they be justified in dismissing the pregnant mother's rights
over those of an oblivious fetus?
Also, I love the statist argument. It's slippery Republicanism at
its best. Let's fear, and deny power to a gang called the Federal
government, but simply transfer that authority to the state gangs
that can then function as tyrants on a smaller scale.
They're all about minority rights.
The state's rights argument is often used to support the demand for
moralistic legislation.
Or, you know, it's used by people that actually respect the Constitution and the rule of law.
Ah, yes, the Constitution, wherever it can be conveniently
mentioned in support of controlling the decisions that a person can
make about of their own body.
If abortion is murder, then why would anyone against murder leave
it up to the states to decide how to judge it? Wouldn't the federal
government have an obligation to make it illegal since murder is
certainly unconstitutional?
Again, this is how absurd the argument is. You'll settle on a
state's rights argument for something that you believe is murder.
Why is there such a discrepancy in logic? Well, because you realize
that you can't absolutely win the philosophical debate, and
therefore must find a clever loophole that you can use to chip away
at your opponents.
Many abortion opponents eventually learned to stop invoking God,
since few people of substance would entertain them. Now they have
repackaged the argument, and picked apart the debate with
semantics, and appeals to emotion.
This is exactly what Creationists have tried to do, and were almost
successful doing. It's all a bunch of lawyerly double-speak, with a
touch of incredulity, simmered in Godwin's Law.
It's just enough to keep the debate going, and win some hearts.
Because that's how our system of government works, or is
supposed to work. The federal government only has jurisdiction over
the penal codes of federal territories.
Abortion is a killing act; the states get to define whether it is a
killing act that warrants prosecution.
I am not afraid of any philosophical debate. You are fundamentally
wrong.
However, that does not change the fact that within this country,
the matter is Constitutionally a state matter. The only way to
change that is with an amendment. I support an amendment.
"Try to imagine a fairy tale in which the heroine has an
abortion and lives happily ever after."
It's called REALITY.
We do NOT need to have an Amendment
every time the law is changed. The
right to abortion as well as the right
to birth control (Griswold, 1965)is
inherent in the Declaration and the Ninth
Amendment of the Constitution.
The Bork view has been refuted many
times, not the least in Harry Binswanger's Objectivist Magazine in
1987.
Obviously, female slavery in anti-abortion
is illegal under the Fourteenth Amendment
too. The whole bogus states rights argument
is another fetus fetishist scam.
Abortion is a self-defense act, you cannot
"murder" something in your own body, you
have every right to eliminate it.
The idea that the biggest killing machine
of all, the state, gets to decide this
matter is worse than ludicrous.
All of the bad statist arguments put forward
by Doris Gordon have been refuted many
times in philosophical debates. It's always
a circular nonargument, "abortion is murder"
which very premise is at issue as well as
the absurd idea that every fetus must come to term. There is no
right to birth or any
abstract right to life.
For all the libertarians who rail for abortion; when does a
fetus become an individual and therefore invalidate the argument
that abortion is freedom of choice and not an act of violence
against another individual?
It's not contradictory to be libertarian leaning and be against
abortion. And if you do belive that abortion is an act of violence
against the individual and you believe at least in a limited state
then I see no problem with states that pass laws restricting
abortion. And the Griswold case that another poster mentioned was a
joke; 'penumbra formed from emanations'.
Libertarianism is starting to sound like a religion.
Whether or not abortion constitutes a reprehensible act against
another person is merely up to opinion. Again, you would have to
feel that the oblivious fetus shares the same rights as the mother
carrying it, and there hasn't been any sound argument that says
that this must be accepted by everyone, and enforced by the
law.
That's like saying "Whether or not slavery constitutes a
reprehensible act against another person is merely up to
opinion."
In one case, society treats a living human like subhuman property;
in the other case, society treats a living human like subhuman
property.
"That's like saying "Whether or not slavery constitutes a
reprehensible act against another person is merely up to
opinion."
Slaves were not being carried in the womb of a woman. To compare
the situation of a fetus to that of an oblivious fetus in the womb
of a woman who helped to create it is mind boggling
ridiculous.
Logical fallacy: Bad analogy.
Are you new to this debate?
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