KiigelHeart said:
The reasonable distinction comes from whether the fetus has a chance to survive an early birth, with the right treatment of course. And after week 24 the chance gets higher. But a mother isn't forced to risk her life delivering a baby, that would be awful. A tough choice between two lives maybe but life ain't always simple. Of course they'll try to save the baby too if at all possible. But yes, this would be the case of lawful killing. Murder was a too strong word anyway, an illegal abortion isn't charged as a murder here anyway nor it should be imo. I think you're now going into semantics about whataboutism. To me it read like you were saying if this is ok, what about this imaginary scenario? But ok, your country's legal system is different to ours. I must say, if you can't make abortion laws without considering an imaginary future treatments or forcefully taking someone's kidney.. well, good luck to you :) Yes I'm saying a government has a right to 'force' a mother to carry a baby. It also has a right to force a man to take a dna-test if he denies his fatherhood. Possibly force you to save your child's life with 30min imaginary treatment. It should be looked into once it's reality, maybe it gets too difficult to come up with intelligent laws but I don't like extremes either. I take it you didn't support mandatory vaccinations either? edit. Your question "For the TL:DR version, what is the principle which allows the government to prevent an abortion that would not justify other restrictions or impositions on bodily autonomy that would clearly be wrong? " A principle? There are laws about abortion, government or anyone can't use to justify anything else beyond abortion. |
No, I do not support mandatory vaccinations. I do not support the government being able to force you to put anything into your body you object to. However, there were no mandatory vaccinations. There were restrictions on where you could go if not vaccinated. Nobody had to get vaccinated.
There is a clear principle here that leads to consistent results. It is generally unquestioned that the government can in many circumstances restrict where a person may go, and what they may do, if there is a threat to a third party. I was not able to teach without verification that I did not pose a threat to children. I was not able to go to college without a vaccine record. You cannot travel to school zones with guns. You cannot fly without submitting to searches and verifying your identity. If I am at risk of spreading a deadly disease, I can be restricted from public places. This was perfectly consistent with established law. We could get into the intricacies of when a restriction is so severe that it amounts to coercion, but we have principles, cases, and laws we could use to make those determinations.
Whether the fetus has a reasonable chance of life is not a legal distinction. It is a factual distinction, but why does that change the legal analysis? What is the underlying principle? When we have to use our body to preserve another viable life we must? I am undoubtedly a viable human life, but neither of my parents have to use their bodies to keep me alive against my consent. Could we force them to give a blood transfusion? Could we have forced my mother to give me a blood transfusion when I was a minute old?
Yes, we must consider the impacts of a law, and they have to be interpreted in such a way that would lead to consistent results. That's how law works here. Lower courts have to follow the rationale of the courts above them, so if a decision is made in one case, its rationale has to be applied in another case. So, they have to make sure decisions on whether a law is valid or not based not only on the direct results of one case, but the potential results in other cases. As a lawyer, that's what I'm literally training to do. Believe me or not, that's generally the way we figure out whether laws are unconstitutional or otherwise invalid. If the law is constructed in a way that it would technically allow the government to force me to give a kidney, and we allow that law to pass, then we have to trust the government not to use that power, because legally, we cannot stop them from making that law. And this isn't a fantasy, it literally happens every day. People die in a hospital, they are not organ donors, and we do not take their organs, and people die on waiting lists, because we have decided that bodily autonomy is so important that we will protect it, even for the dead. If we decide preservation of a viable human being is more important than bodily autonomy, I can see no reason why we should not have mandatory organ donations on death. That actually seems far more reasonable to me, as there is only one living person's interest to consider. So, if protecting viable human lives is a duty that overrides bodily autonomy why should we not use organs from dead family members of someone on a transplant list, or just a dead person in general?
Or, if you want to get to a much more obvious example, if we decide viability is the determination of whether or not it's ok, what about cases of rape? Can a rape victim be prevented from aborting in the 25th week? If viability is out main concern it is hard to say why the fact that it was conceived in being rape should matter. And, what about a 15 week limit, as is the case in the Supreme Court case? If the fetus at 15 weeks is deemed to be perfectly healthy and will to a high degree of medical certainty be viable, why wouldn't that be enough, even if it is not viable at that moment? Or suppose there is a serious birth defect, but the child will be born alive. If we say viability is the determining factor, then how can you say that a child which will be born with a serious defect can be aborted? That would just be saying that those born with birth defects are less deserving of life, which raises serious legal and moral questions. This is not hypothetical, creating a law with no principle grounding it, or a flawed principle grounding it raises obvious and real problems. I'm sorry that you don't like analogies, but this is the US Politics topic, and the US is a common law system which is all about analogies.
"Yes I'm saying a government has a right to 'force' a mother to carry a baby. It also has a right to force a man to take a dna-test if he denies his fatherhood. Possibly force you to save your child's life with 30min imaginary treatment. It should be looked into once it's reality, maybe it gets too difficult to come up with intelligent laws but I don't like extremes either."
The only standard here is apparently your judgment. That is not how laws work, because if it's just what you, or I, or anyone else feels is right, then there are going to be situations where we disagree. The purpose of law is to resolve those situations. If you can't think of an intelligible principle for the law, then tough shit, you can't make that law.
As for the tl:dr part, you are effectively saying that laws do not have to correspond to any rights, principles, reason, or rationale. If the government feels like making a law about abortion, they can do so, regardless of whether or not they could come up with a rationale which would apply to other situations. We can have different rights for pregnant women than those that apply in any other situation, hence "fuck pregnant women".
Fortunately, that's not the way things work. People have rights. Some of the most important among those being bodily autonomy and security in one's person, the ability to make medical decisions, and the right to decide what goes into our body. You can not say we have those rights, but the government can make any exception they want for any particular circumstance on a whim. Then, they are no longer rights. It's hard to make laws. That's the fucking point. That is what protects our rights.
You are failing at every possible opportunity to provide any underlying reason behind any law that should be accepted besides "well I like the outcome in this situation" or "well I don't like the outcome in this situation". That kind of system is completely and utterly fucked. Let me know when you could come up with an actual rationale because I am completely uninterested in any individual opinion on abortion except the mother's in any given case.
Last edited by JWeinCom - on 10 May 2022