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- Newsgroups: alt.fan.rush-limbaugh
- Path: sparky!uunet!mnemosyne.cs.du.edu!nyx!gplong
- From: gplong@nyx.cs.du.edu (George Long)
- Subject: Re: abortion logic
- Message-ID: <1993Jan22.220800.15879@mnemosyne.cs.du.edu>
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- References: <1993Jan22.4673.12392@dosgate>
- Distribution: alt
- Date: Fri, 22 Jan 93 22:08:00 GMT
- Lines: 53
-
- In article <1993Jan22.4673.12392@dosgate> "david meadows" <david.meadows@
- anrem.com> writes:
- >Here's a question for all you pro-choice advocates out there.
- >
- >
- >Let's imagine a family ... Mom, dad, a couple of kids and one on the
- >way. Dad has a good job, mom's on maternity leave. Dad and the two
- >kids get killed in a fiery car wreck. Dad leaves no will. Two days
- >later, mom gives birth. Does that child have any right to inherit from
- >his or her father?
- >
- > It is logical to assume that the child does have a right to
- >some of his or her dad's estate. If so, that child must have a legal
- >personality in the womb, no?
- >
- > Just wondering ...
- >
- >
- >David Meadows
-
- David, your process is accurate, but your conclusion is flawed.
-
- When a woman becomes pregnant, a contingent remainder vests in the
- unborn child. This means that if the father dies before the child
- is born, the child (and any other living children) share the
- estate with the wife.
-
- However, this does not mean that there is a recognition of a "legal
- personality" in the unborn child. The history of contingent
- remainders in unborn children is less philosophical, I'm afraid.
-
- In a nutshell, it was a simple solution to a complex problem that
- arose in the Middle Ages in England. In order not to disrupt the
- system of primogeniture that existed in medieval Britain, there had
- to be a way to ensure that a bastard child would not enter the world
- without his father's estate. They decided to make a rule, allowing
- the child to share in the inheritance.
-
- It wasn't based on legal personalities, though. It was merely a r
- reaction to a problem that would otherwise throw a wrench into
- the male-dominated inheritance system.
-
- Nice try, though.
-
- George Long
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