C
Cider
Guest
It was already there illegal, so yes decriminalizing it implies legitimization.True - but decriminalization is NOT the same thing as legitimation. Decriminalization can simply be the choice not to make something subject to criminal penalties. A technical distinction, but a real one. Thus one may say no law can make a wrong right…but, that does not mean one must impose criminal penalties on every wrong. Even in the USA Bishop Tobin of Providence (who is no abortion shrinking violet), a while back, when asked what penalties should be imposed for abortion begged off on that issue.
So, simply removing criminal penalties- or deleting a prior law that made something criminal - in and of itself, is not legitimation…i.e., making it proper, right or good. It is simply not making a bad act a matter for the criminal justice system. That is, it is possibly only a civil decision as to what is not appropriate within the criminal justice system. That may be a wrong decision, but it is not necessarily legitimation. Too often in this day people seem to think criminalization is the answer to every wrong - and that is usually the wrong answer IMHO.
Frankly, I believe the prior criminalization of abortion is what led directly to it being declared a right - legitimation in this society. The prior criminalization did little to stop abortion and had the unintended consequence of leading the Supreme Court and a large number of people to believing it is proper and right - and part of the constitution which it now is. We’d do better to emphasize the horror of it and persuade society to NOT approve it on a societal level - and get out of the criminal justice system solves it all mentality. That is, get buy-in that it’s wrong, but not criminalize it as that generates a reaction that is counterproductive - as we have seen.
All that being said, I’m not sure exactly what took place beyond decriminalization in this instance.
regarding your other comments:
Since Row vs Wade we have had at least 50 million abortions in the US. Do you have any evidence to support your claim that there were similar numbers of abortions in the US prior to 1973?