There are different theories of political philosophy at work here that cause some confusion:
**** holds that the rules of civil society are created through the mutual consentSocial contract theory of those being governed, to keep the peace, for the common good.
Other theories are **deontological **and hold that the laws of civil society are based on natural rights that people have, which originate somewhere other than the opinions of those being governed.
In practice, most voters are not political philosophers, and their ideas are a hodge-podge of different notions that sometimes fall more into social contract theory, and other times fall more into the ‘natural rights’ area. Most people when asked to justify their opinions come up with arguments about ‘what works’ and ‘what is right and wrong’, not being aware of the philosophical issues.
The deontological notion of ‘intrinsic human rights’ is difficult to defend in philosophy. Philosophers have tried to prove the existence of these rights using pure logic, but it is a real challenge and most philosophers have abandoned the idea that we can somehow use logic to prove that people have rights. So we’re left with mostly people who believe in natural human rights because they believe that God established those rights. (secularists will still use the notion of human rights in their arguments because they are appealing to most people, but they do not truly believe that these ‘rights’ are anything other than good ideas that people should agree on).
So, we’ve ended up with a situation where most people who believe that humans actually have
intrinsic rights, not just rights that are given by the community, are people who believe in God.
In social contract theory, there is no reason to outlaw abortion, since the people being aborted are not capable of fighting back.
If they can’t fight back, there is no practical reason to give them any rights, since they have no ability to cause us harm if we harm them. The child in the womb can not revolt, so they have no say in the matter of what laws should exist.
So, this is why many people see abortion as a religious issue. You can’t prove that a human being has a right to life except by appealing to a notion of God. They only speak of ‘right to life’ as a way of saying ‘society should abstain from allowing murder in order to keep peace, for the sake of the common good’.
We know that people do have intrinsic human rights, including the right to life. And we must continue to do everything we can to make the government protect those rights. But within social contract theory, this will be seen as forcing our religion on others. I say, lets keep doing it and be bold about it. Our religion says we have to protect human life, and I’m proud of it, and will do everything I can to protect innocent life.
