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- Newsgroups: talk.abortion
- Path: sparky!uunet!europa.asd.contel.com!darwin.sura.net!gatech!hubcap!opusc!usceast!nyikos
- From: nyikos@math.scarolina.edu (Peter Nyikos)
- Subject: Re: Is it Christian values or chavinism?
- Message-ID: <nyikos.722210537@milo.math.scarolina.edu>
- Sender: usenet@usceast.cs.scarolina.edu (USENET News System)
- Organization: USC Department of Computer Science
- References: <nyikos.719895484@milo.math.scarolina.edu> <bob1.720369116@cos> <nyikos.720809715@milo.math.scarolina.edu> <1992Nov8.011057.25387@netcom.com>
- Distribution: usa
- Date: 19 Nov 92 22:02:17 GMT
- Lines: 70
-
- In <1992Nov8.011057.25387@netcom.com> ray@netcom.com (Ray Fischer) writes:
-
- >nyikos@math.scarolina.edu (Peter Nyikos) writes ...
- >> bob1@cos.com (Bob Blackshaw) writes:
- >>>No Peter, I am stuck in the 1780's when some pretty intelligent people
- >>>wrote the Constitution, the whole concept of which is a free people.
- >>
- >>Now you are stuck in 1973, when Justice Blackmun claimed to find
- >>something in the Constitution that those pretty intelligent people, to
- >>whom he cannot hold a candle, never intended.
-
- >I find it more than a little presumptuous of you to be deciding what
- >the framers of the constitution did or did not intend. Personally, I
- >find the opinion of a supreme court justice to be considerably more
- >credible than yours.
-
- I didn't "decide it," I am following the lead of Joseph Dellapenna,
- a professor at Villanova U. School of Law, who has published and
- written an enormous amount of documentation on
- the history of abortion in the British-American legal system, which
- thoroughly refutes Blackmun's meager and biased documentation of that
- history.
-
- Blackmun bases most of his historical comments in "Opinion of the Court"
- in RvW on a propaganda piece by Cyril Means. This
- piece appeared in _N.Y.L.F_ [That's _New York Law Forum_ for the
- uninitiated ] less than two years before RvW was written [17 N.Y.L.F.,
- 1971, including pp. 350-380--a lot of page numbers are missing from
- my photostat.] Indeed, he relies on Means a lot more than he lets on.
-
- How Blackmun could mistake this obviously propagandistic article for
- a serious piece of scholarship, I have no idea. The article has been
- raked over the coals by R. Byrn in 41 Fordham Law Review, 1973, and
- been more patiently and evenhandedly corrected by Dellapenna in
- subsequent years. A good place to start is:
-
- J. Dellapenna, "Abortion and the Law, Blackmun's Distortion of the
- Historical Record," in: _Abortion and the Constitution_, Horan et.al.,
- Georgetown U. Press, 1987.
-
- It's a short meaty article, and gives references to other, longer, more
- thoroughly documented articles by Dellapenna.
-
- [BTW Dellapenna would permit abortion without restriction up to the
- point where brainwaves can be detected, then only under extremely
- stringent conditions like a direct threat to the life of the mother.]
-
- >>>Not just free men, but free people (which I assume means women too).
- >>
- >>On the other hand, by your standards, unborn children, who were
- >>protected by the British common law (which the colonies inherited)
- >>do not even have the right to life, much less any other freedom.
-
- >Of course unborn children have a right to life; they have as much
- >right to life as I have a right to walk around on the moon. However,
- >I'll point out the obvious and note that an embryo's right to life is
- >similar to my right to walk on the moon in that neither I nor unborn
- >children are very able to take advantage of that right.
-
- They are alive, and taking advantage of that right as long as they
- are alive. {I *do* hate to belabor the obvious, but...}
-
- >A more relevent question might be: do unborn children have any right
- >to steal the resources of the mother?
-
- Are you in favor of the
- death penalty for somnambulatists who commit theft?
-
- Peter Nyikos
-
-