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- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Fetal Rights of Inheritance
- Message-ID: <1993Jan22.211145.24668@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- References: <1993Jan22.4673.12392@dosgate>
- Date: Fri, 22 Jan 1993 21:11:45 GMT
- Lines: 30
-
- In article <1993Jan22.4673.12392@dosgate> "david meadows" <david.meadows@canrem.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?
-
- Depends on the state. The common law was willing to recognize the
- legal fiction (note the word "fiction") that would call the unborn
- child a "life in being" assuming the mother was willing to undergo
- the procedure required by a writ de ventre inspiciendo. To quote
- Blackstone, "The writ directs that, in the presence of knights and
- women, the female tractari per uberum et ventrum, -- the presumed
- necessity of the case dispensing at once with common decency and
- with respectful deference to sex." Next question.
-
- >If so, that child must have a legal personality in the womb, no?
-
- "Legal personality in the womb" is neither equivalent to nor does it
- inextricably lead to "abortion is always illegal." An "unborn widow"
- that has never been nor never will be conceived is also a "legal
- personality" in similar circumstances, but I doubt we'd want a legal
- regime that worries more about fertile octagenarians than it already
- does.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-