Oblimo
Literotica Guru
- Joined
- Jun 4, 2006
- Posts
- 4,273
Excuse me? Every law I am aware of was enacted via legislation and every one of those had a social and/or moral core or purpose. You cannot argue for one minute that her argument was more morally weighted toward abortion on demand than it was outright prohibition.
Wow, do I disagree. Definitely possible I misunderstood the article, though.
But why did she call it a Defense of Abortion if her argument could not be used to, you know, defend abortion?
She shows how the law cannot interfere with a woman’s choice to murder her fetus. That’s what the Violinist hypothetical is all about.
There are situations in which murdering your fetus is immoral. The specific example is, getting an abortion because you are due right around Christmas and you have a trip to the Bahamas planned.
But a woman cannot be required to bring her fetus to term, because her liberty outweighs the fetus’ right to parasitize her body. (Of course, Thomson doesn’t not use the word “parasitize” because of its negative connotations, but I’ve been told by several physicians that it is a technically accurate term for human gestation. In fact, compared to other mammals, I’m told our gestation strategy positively sucks.)
Suppose the only way I could survive the next 24 hours was for you to post, “Oblimo is right. I completely misunderstood the Violinist Argument,” in reply to this post.
Can I, the law, or society, force you to do so? Not in America, we can’t. And if we can’t make you do something as insignificant as that to save my life, how in the fucking hell do you expect to compel someone to be physically parasitized by another human being for 9 months?
You cannot minimize her condemnation of abortion or believe she does not accept the state's legitimate role in prohibiting it in all but the most exceptional medical cases directly affecting the mother's health or in the case of rape.
I know I can’t force you, but could you direct me to where in the article it says that? I don’t see that anywhere. Quite the opposite, really. I could be wrong, though.
You are correct that no woman needs either legislation or a Supreme Court ruling to "get permission" to have an abortion. But you are equally incorrect to say that such is her "right" as an American citizen, thus implying it is not subject to a whole host of legislative restraints including prohibition in a variety of circumstances.
10th Amendment, those powers not specifically granted to the Federal government are reserved by the States, or the people. An American citizen has a right to do anything they goddamn fucking want. In America and most Western governments, laws proscribe behavior, they do not grant abilities to do things. That’s why criminal laws are all designed as “Thou Shalt Nots” instead of “Thou Shalts.”
That’s what I meant in terms of the “right” to murder your fetus. But even if there were an Amendment, “the right of a woman to terminate her pregnancy shall not be infringed,” that right is not absolute and if the state can demonstrate a narrowly tailored law and a compelling state interest, then yes laws regulating abortions can of course be held to be Constitutional.
However, under Thomson’s argument, that would be quite a challenge.
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