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- Newsgroups: talk.abortion
- Path: sparky!uunet!destroyer!gatech!concert!samba!usenet
- From: Suzanne-lucia.Demitrio@launchpad.unc.edu (Suzanne-lucia Demitrio)
- Subject: Re: Medical Enforcers? (Was: Holtsinger on Harassment & Health)
- Message-ID: <1992Nov16.154654.25918@samba.oit.unc.edu>
- Sender: usenet@samba.oit.unc.edu
- Nntp-Posting-Host: lambada.oit.unc.edu
- Organization: University of North Carolina Extended Bulletin Board Service
- References: <1992Nov14.080258.14443@midway.uchicago.edu> <1992Nov15.053904.11401@samba.oit.unc.edu> <1992Nov16.032641.23855@rotag.mi.org>
- Date: Mon, 16 Nov 1992 15:46:54 GMT
- Lines: 70
-
- In article <1992Nov16.032641.23855@rotag.mi.org>
- kevin@rotag.mi.org (Kevin Darcy) writes:
-
- >In article <1992Nov15.053904.11401@samba.oit.unc.edu>
- >Suzanne-lucia.Demitrio@launchpad.unc.edu (Suzanne-lucia Demitrio) writes:
- >>
- >>Well, if by 'killing a possible person' you mean taking actions designed
- >>to kill any person who might be there, I can think of two offhand:
- >>shooting at a man-shaped pile of rags in a dark alley, and dropping large
- >>rocks off an overpass onto the busy highway below. Manslaughter.
- >
- >You seem to be confusing "possibly killing a person" with "killing a possible
- >person". Those are not interchangeable terms.
-
- I know. I'm trying to probe the legal nature of Elizabeth's 'possible
- person'. That's why I began with 'if', and made another guess in the next
- paragraph:
-
- >>Or do you mean to define a new legal category, inferior to personhood,
- >>called 'possible personhood'? Have you thought about the implications of
- >>doing that?
- >
- >Whereas you define a new legal category, even _more_ inferior to personhood,
- >called "human organism non-personhood"?
-
- New? What about the dead?
-
- I'm simply putting fetuses into the old category of non-personhood -- we
- no more need to neologize it with the modifier 'human organism' than we
- need to speak of, say, chocolate-cake non-personhood, or wombat
- non-personhood.
-
- >You're criticizing her for a watered-down form
- >of what you take to extremes, hypocrite.
-
- No, Kevin. I'm criticizing her for an incoherent approach to the problem.
- I think that a doctrine of fetal personhood, in any form, spells legal
- disaster -- it gives new and inappropriate powers to government, and
- encourages meddling with the concept of constitutional rights.
-
- Elizabeth's position is no kin to mine.
-
- >>no power in our society (outside military contexts) has the legal
- >>authority to 'balance' rights to survival among two living persons. Not
- >>the courts, and certainly not doctors. We may acquit self-defense
- >>afterwards, but we can't authorize manslaughter in advance. Which is a
- >>very, very good thing when you think about it.
- >
- >Balderdash. Legislators and judges balance rights all the time. Our entire
- >body of law is a gargantuan balancing act.
-
- I was speaking specifically of the right to *survival*. No power in our
- society can legitimately resolve conflicts between two parties' rights to
- survive, and mandate killing the loser. Some rights *can't* be 'balanced'
- by government; some conflicts fall outside the proper range of
- governmental power. This is one of 'em.
-
- >Please clearly identify this "infectiously rotten" [sic] premise.
-
- The premise that any personhood rights can be consistently granted to
- fetuses under our legal system.
-
-
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
- Suzanne Lucia suzanne-lucia.demitrio@launchpad.unc.edu
- --
- The opinions expressed are not necessarily those of the University of
- North Carolina at Chapel Hill, the Campus Office for Information
- Technology, or the Experimental Bulletin Board Service.
- internet: laUNChpad.unc.edu or 152.2.22.80
-