J
Jeanne_S
Guest
The question is, should the state impose the death penalty on the child of a rapist?
The question is, should the state impose the death penalty on the child of a rapist?
No. That is the “issue” that is created by a Godless society. In one other post, Zimm, you called the developing fetus an “it”. This is the vernacular of secular society and brain washing (yes, brain washing). “It” is only a blob of tissue; “it” has no feelings; “it” has no rights because “it” is a “parasite” in the woman’s body. Meanwhile: have you ever watched an ultrasound of an abortion, even an early abortion? “It” ACTIVELY ATTEMPTS TO AVOID the scalpel introduced to cut “it” into pieces; “it” receives no ANESTHESIA and suffers “its” dismemberment; “it” CAN feel (obviously or “it” wouldn’t move away from the scalpel). Most of the time, “it” also has a a beating heart. I had an ultrasound at 8 weeks and my baby’s heart was BEATING. Most abortions are performed way past 8 weeks into pregnancy.But the issue is whether she should be force to do so, there is no question that there could be those who do wish to carry it to term and even keep the kid but can this be forced on them.
And…should the victim of the rape?The question is, should the state impose the death penalty on the child of a rapist?
Correct, the state does not recognize bodily autonomy as an untrammeled good that trumps all others. For instance, if I try to destroy my own body, the state will take my body and put it in prison or a mental institution until I can handle the responsibility of having one.Under the pro-life legal theory, the embyo/fetus/child is a separate person starting from conception.
But this means that if woman has no right to abortion, the state essentially forces her to provide her body for the use by another person.
The counter-argument to this is that if woman consents to sex, she implicitly consents to carrying the child, so her right to bodily autonomy is not violated.
HOWEVER, in case of rape there was no such consent, so by denying abortion, the state is forcing the rape victim to provide her body for use by another person, i.e. the child.
If the state can do this, then the state does not recognize person’s bodily autonomy. So,
the state SHOULD also be able to force any person to donate blood (or kidneys or whatever) for the benefit of someone else.
See also the “famous violinist argument”: You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist’s circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you. (quoted from Wikipedia).
No need to go into your examples, the law already clearly indicates the state does not recognize a person’s complete right to bodily autonomy. Prime example of this would be the laws against selling organs, drug use, and prostitution.Under the pro-life legal theory, the embyo/fetus/child is a separate person starting from conception.
But this means that if woman has no right to abortion, the state essentially forces her to provide her body for the use by another person.
The counter-argument to this is that if woman consents to sex, she implicitly consents to carrying the child, so her right to bodily autonomy is not violated.
HOWEVER, in case of rape there was no such consent, so by denying abortion, the state is forcing the rape victim to provide her body for use by another person, i.e. the child.
If the state can do this, then the state does not recognize person’s bodily autonomy. So,
the state SHOULD also be able to force any person to donate blood (or kidneys or whatever) for the benefit of someone else.
See also the “famous violinist argument”: You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist’s circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you. (quoted from Wikipedia).
Pure deontology.The state forcing people to donate blood or organs isn’t analogous because there is no direct personal dependency in action there. Specifically, you’re saying that the natural law prohibition on abortion should be extended to include a consequentialist perversion of that same prohibition. But consequentialism is alien to natural law; under natural law, the ends do not justify the means. Your inability to distinguish the two makes you see a logical connection that doesn’t exist.
Under the working assumptions in this thread, yes.Here’s a question for you. Do you believe that if a pregnant mother gets murdered it should be prosecuted as a double homicide?![]()
Interesting. You are saying that the child in utero has a right to life, but you would not allow the state to protect her right to life. The state must as a matter of policy, step aside, and allow any mother to kill the child at will.Under the working assumptions in this thread, yes.
I grant that child in utero is a person with rights, including right to life.
I object however to the idea that the state can force the woman to donate her body so the fetus can exercise this right – because that means the state can force anyone else to donate his/her body for the purposes the state sees fit.
I don’t claim that woman has an inherent right to abortion. I claim that the state should not have jurisdiction over anyone’s body, which results in a right to abortion.
Pretty much yes.Interesting. You are saying that the child in utero has a right to life, but you would not allow the state to protect her right to life. The state must as a matter of policy, step aside, and allow any mother to kill the child at will.
Logically speaking, only when the state can get to it without going through the mother’s body.At what point will the state be allowed to protect the child? After the umbilical cord is cut? When the child is delivered but with uncut umbilical? Eight or nine months into pregnancy?
Yes, because it can’t be enforced without trumping mother’s rights.It sounds like a rather contingent right to life.
So I take it you would not have a problem with sex-selection abortion? Or abortion of Down Syndrome babies? Isn’t that a form a sex discrimination and discrimination against the disabled?Pretty much yes.
It’s a very bad situation, but the alternative is that the state pretty much owns woman’s body, and by extension – due to equality under the law – everyone’s body.
Logically speaking, only when the state can get to it without going through the mother’s body.
Yes, because it can’t be enforced without trumping mother’s rights.
It has a right, except that its right is unenforcable without violating mother’s rights. Should the state be able to do that?So the child really has zero right to life, and the mother has an unlimited license to kill, as long as it’s a child in utero.
I’m sorry but who wouldn’t want to save him if you knew he will live? Offer it to God and help the violinist.See also the “famous violinist argument”: You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist’s circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you.
The right to life is only the right not to be killed by another human being, and even that is limited if the violinist were to endanger others. The important point here is that the right to life does *not *mean he has the right not to die. If his body’s natural functions stop working, then he will die of natural causes. In terms of thsi scenario, the violinist has the right not to be *killed, *shot, stabbed, run over by a car…It has a right, except that its right is unenforcable without violating mother’s rights. Should the state be able to do that?
Likewise, **violinist’s right to life **is unenforcable without violating your risghts. Should the state be able to do that?
If the state is allowed to violate mother’s rights to enforce child’s right to life, then what’s stopping it from violating your rights to enforce violinist’s right to life?
It would be a great act of charity to help the violinist in this way, but it would be considered extra-ordinary care. We are obliged to provide ordinary care, assuring that a patient is gven food and water as long as the patient’s body can use those, but there is no [ii]obligation to provide dialysis.I’m sorry but who wouldn’t want to save him if you knew he will live? Offer it to God and help the violinist.
I would argue that the child needs the mother’s womb to stay alive. The violinist would be able to survive on a dialysis machine.Pure deontology.
Abortion is bad, because God said so.
Not donating a kidney is neutral, because God didn’t say that you have to donate kidneys.
That’s all fine, except that deriving morality from God’s command means that there is no such thing as individual rights, there is only devine law. Individual rights are the product of Enlightenment philosophy, not God.
And if there are no individual rights, then you can’t claim that fetus in utero has a right to life. A woman then is prohibited form killing it, yes, but the prohibition stems from the divine command, not its inherent rights.
If you want to base an anti-abortion argument on fetal rights, then you have to recognize that exercising these rights may require violating woman’s rights – in which case, why single out women? Everyone donate kidneys!
Counterpoints welcome and appreciated![]()
I added bolding.It has a right, except that its right is unenforcable without violating mother’s rights. Should the state be able to do that?
Likewise, violinist’s right to life is unenforcable without violating your risghts. Should the state be able to do that?
If the state is allowed to violate mother’s rights to enforce child’s right to life, then what’s stopping it from violating your rights to enforce violinist’s right to life?