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- Xref: sparky alt.abortion.inequity:6092 misc.legal:21618 talk.abortion:52592
- Newsgroups: alt.abortion.inequity,misc.legal,talk.abortion
- Path: sparky!uunet!gatech!darwin.sura.net!opusc!usceast!nyikos
- From: nyikos@math.scarolina.edu (Peter Nyikos)
- Subject: Re: Embryos as Property?
- Message-ID: <nyikos.724958698@milo.math.scarolina.edu>
- Keywords: Property rights, abortion, compensation for involuntary loss...?
- Sender: usenet@usceast.cs.scarolina.edu (USENET News System)
- Organization: USC Department of Computer Science
- References: <1992Dec16.155842.17381@zooid.guild.org> <lairdb.724566025@crash.cts.com>
- Date: 21 Dec 92 17:24:58 GMT
- Lines: 74
-
- In <lairdb.724566025@crash.cts.com> lairdb@crash.cts.com (Laird P. Broadfield) writes:
-
- >In <1992Dec16.155842.17381@zooid.guild.org> Will Steeves <goid@zooid.guild.org> writes:
-
- >>bard@cutter.ssd.loral.com (J H Woodyatt) writes...
- >>JHW> Here. Play with this:
-
- >>JHW> Frozen embryos. While in transit through another sovereign nation,
- >>JHW> they are taken into custody by agents of that foreign nation, wherein
- >>JHW> they expire as a result of mistreatment. Since embryos are persons,
- >>JHW> and therefore *not* property under U.S. law, the foreign nation is
- >>JHW> `responsible' for the death of those `persons' rather than the
- >>JHW> destruction of property
- >> ^^^^^^^^^^^^^^^^^^^^^^^
-
- >>Ah, so you *would* consider embryos as property, then?
-
- >>This wasn't meant to be taken as a flame ; I'm just curious as to why you would
- >>want to admit this, while many other "Pro choice" people have stayed clear of
- >>using terminology such as this, perhaps out of fear of being flamed by
- >>"pro-lifers" who might accuse them of believing potential children as merely
- >>someone's property.
-
- >Hmmm. Let's go with this a little and see where it gets us. Taking an
- >embryo to be a body part of the mother, what is the "legal" status of a
- >body part?
-
- The claim that the embryo is a body part of its mother, besides being
- pseudoscience of the lowest order, is just as offensive to me as the
- notion that it is property.
-
- >>Of course, if embryos *are* property, then why could it not be argued that
- >>*both* of the people who contributed to its creation, should have rights to
- >>"its" disposition? Naturally, it would be a different matter when the embryo
- >>is located in someone else's body, but if I recall correctly, situations where
- >>two parties have joint ownership, but only party has exclusive rights to the
- >>disposition of that property, the other party *does* receive compensation if
- >>that property is sold, used for profit, or (if you have already guessed where
- >>I'm headed...), destroyed.
-
- >Hmmm. This would seem to be descending to the trivial (not that the law
- >doesn't, but...) since the non-gestating partner has only contributed a
- >single cell (not even that, really, just a strip of chromosome.) BUT,
- >stay with me for a minute....
-
- But without that "contribution" there would have been no embryo to begin
- with. Just as it takes two to tango...
-
- >>I realise that this is a Devil's Advocate argument, but I should say right from
- >>the start that I consider it absolutely invidious to consider unborn persons
- >>as property, *but* if they *were* considered as such, would there not be some
- >>sort of financial compensation owing to men for involuntary loss of property
- >>after an abortion??
-
- >>(Boy, I can just *imagine* the flameworks starting now...)
- >>/* Set Asbestos Suit On */
-
- >Wellll, the non-gestating partner has contributed only a single
- >chromosome,
-
- Go back to high school biology. The partner contributed 23 chromosomes.
-
- What else are you a pseudo-expert on, Laird? are you, at least,
- following the "various genetic IP cases" you mention below? Do they
- indulge in the same pseudoscience you do?
-
- >so we'll ignore their physical property rights for the moment, but what
- >about their *intellectual property* rights? Does a person have an IP
- >right in their chromosome sequence? In another example, suppose someone
- >clones you; do you have a copyright case against them? (Again, entirely
- >serious question, anybody following the various genetic IP cases?)
-
- Peter Nyikos
-
-