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- Newsgroups: talk.abortion
- Path: sparky!uunet!destroyer!ncar!uchinews!quads!eeb1
- From: eeb1@quads.uchicago.edu (e elizabeth bartley)
- Subject: Re: Medical Enforcers? (Was: Holtsinger on Harassment & Health)
- Message-ID: <1992Nov16.204847.26027@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: eeb1@midway.uchicago.edu
- Organization: University of Chicago Computing Organizations
- References: <1992Nov14.053432.20223@samba.oit.unc.edu> <1992Nov14.080258.14443@midway.uchicago.edu> <1992Nov15.053904.11401@samba.oit.unc.edu>
- Distribution: na
- Date: Mon, 16 Nov 1992 20:48:47 GMT
- Lines: 101
-
- In article <1992Nov15.053904.11401@samba.oit.unc.edu> Suzanne-lucia.Demitrio@launchpad.unc.edu (Suzanne-lucia Demitrio) writes:
- >In article <1992Nov14.080258.14443@midway.uchicago.edu>
- >eeb1@midway.uchicago.edu writes:
- >>In article <1992Nov14.053432.20223@samba.oit.unc.edu>
- >>Suzanne-lucia.Demitrio@launchpad.unc.edu (Suzanne-lucia Demitrio) writes:
-
- >>>"Killing a possible person" on purpose isn't malpractice -- it's
- >>>manslaughter.
-
- >>Suzanne, are you talking about "pulling the plug" on humans who may or
- >>may not be brain-dead?
-
- >No.
-
- >>There is *no* other example besides abortion
- >>that I consider killing a *possible* person.
-
- >Well, if by 'killing a possible person' you mean taking actions designed
- >to kill any person who might be there,
-
- Not even faintly analogous. In abortion you *know* you're killing
- something, you don't know whether or not it's a person.
-
- > 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.
-
- >Or do you mean to define a new legal category, inferior to personhood,
- >called 'possible personhood'?
-
- No. It's the way I think of third-trimester fetuses, but designing
- the law that way is probably impossible and would certainly create a
- bloody mess. I would like to define third-trimester fetuses as
- entities protected by law.
-
- >Have you thought about the implications of doing that?
-
- Somewhat. Have you thought about the implications of allowing a fetus
- the day before birth to be killed at will and punishing killing a
- newborn as full murder?
-
- >>>If you mean to use that reasoning about third-tri abortion,
- >>>you'd damn well better treat it seriously according to our legal
- >>>tradition.
-
- >>I'm willing to treat third-trimester abortions [...]
- >>quite seriously, or haven't you seen any of the posts in which
- >>I advocate short jail sentences for women procuring illegal
- >>third-trimester restrictions?
-
- >I have. Haven't you seen the legal system? Laws carrying criminal
- >penalties are enforced by pro-active criminal courts, not by passive
- >judicial review. What's your intention in departing from that process?
-
- 1) I'm departing from the criminal justice system in some cases, not in all.
-
- 2) To recognize third-trimester abortion as a unique case in that identical
- acts may be justified in one case and not in others.
-
- 3) What's your beef with making the default condition 'not guilty' and only
- investigating when there's a reason to believe wrongdoing? Do you think
- police should investigate all parents for child abuse?
-
- >>It's ye olde conflicting rights again: I think two entities possess
- >>conflicting rights and need to balance these rights. Thatisn't easy.
-
- >Apparently not. You're welcome to balance rights all you like in private;
- >but no power in our society (outside military contexts) has the legal
- >authority to 'balance' rights to survival among two living persons.
-
- What do you think we're doing when we authorize people to use lethal force
- to protect themselves?
-
- > 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.
-
- But we *do* authorize killing people in advance. If someone tries to
- rape me, I'm legally entitled to use lethal force to prevent him. An
- investigation after the fact, if undertaken, would only be to
- determine whether the facts were as I'd said and if my authorization
- to kill had kicked in.
-
- >>I worked reasonably hard on the proposal I posted earlier in this
- >>thread,
-
- >An A for Effort. But your lovely details are resting on an infectiously
- >rotten premise, and all your work can't justify it.
-
- Truth by assertion, Suzanne-Lucia.
-
- In any case, my *belief* is that third-trimester fetuses are possible
- people, but the only *premise* my proposal needs is that they're worth
- protection.
-
- --
- Pro-Choice Anti-Roe - E. Elizabeth Bartley
- Abortions should be safe, legal, early, and rare.
-
- Cthulhu for President -- when you're tired of voting for the lesser of 2 evils.
-