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- Path: sparky!uunet!elroy.jpl.nasa.gov!ames!saimiri.primate.wisc.edu!doug.cae.wisc.edu!bodoh
- From: bodoh@cae.wisc.edu (Daniel Bohoh)
- Subject: Re: Still Light On History????
- Organization: U of Wisconsin-Madison College of Engineering
- Date: 23 Jan 93 20:07:28 CST
- Message-ID: <1993Jan23.200728.10342@doug.cae.wisc.edu>
- References: <1993Jan21.192150.27842@hobbes.kzoo.edu> <1993Jan21.191146.29958@doug.cae.wisc.edu> <1993Jan22.235605.23392@hobbes.kzoo.edu>
- Lines: 84
-
- In article <1993Jan22.235605.23392@hobbes.kzoo.edu> k044477@hobbes.kzoo.edu (Jamie R. McCarthy) writes:
- >bodoh@cae.wisc.edu (Daniel Bohoh) writes:
- >>k044477@hobbes.kzoo.edu (Jamie R. McCarthy) writes:
- >>One of
- >>the most emotiional is the picture of a woman being mutilated by a doctor
- >>performing an illegal abortion. Abortion should remain legal so it remains
- >>safe for all women, say the pro-choice advocates. However, utilitarian
- >>arguments fail when considering such fundamental rights as the right to
- >>life and the right to personal liberty. Turning this argument around,
- >>let's assume that abortion is a fundamental right. Should the right
- >>to choose abortion be usurped if many pro-life activists are injured
- >>while chained to abortion doors?
- >
- >Utilitarian arguments weigh pros and cons. If x suffering is caused by
- >illegal abortions when it's outlawed, and y suffering is caused by
- >chained-to-doors injuries when it's not, the utilitarian position is
- >that you go with the least suffering.
-
- Exactly. My point is that the coat-hanger argument is based on utility:
- If abortion is illegal, there will be much more woman suffering than
- if it is legal.
-
- >Were I looking at this from a utilitarian point of view, I'd compare
- >statistics on pro-life martyrs vs. victims of back-alley abortions,
- >weigh them all out in my head somehow, and come to a conclusion. If
- >my conclusion is that abortion should be legal, where am I being
- >inconsistent?
-
- The inconsistency is in adhering to both this argument of utility and
- the argument that abortion is a fundamental right because of the privacy
- phrase in the 14th Amendment.
-
- >>The problem with utilitiarian arguments is that a fundamental right
- >>(be it choice or life) can never be usurped simply to benefit
- >>a large section of society.
- >
- >Wellll...says you. Seatbelt laws.
-
- Has the Supreme Court ruled on Seatbelt laws? I don't know; if so,
- I'd like to see the opinion. I doubt that the S.C. would say
- "Even though we believe wearing a SB is an issue of privacy protected
- by the 14th Ammendment, we believe that less people will be killed so
- SB laws are Constitutional."
-
- The inconsistency is between these two statements:
- "Abortion should be legal because woman will suffer less from illegal
- abortions"
- and
- "Abortion should be legal because it is fundamental right protected by
- the 14th Amm"
-
- The first statement comes from the general notion that "If an action
- is illegal, and if a large number of people are injured (general use
- of this term) by performing this act illegally who wouldn't otherwise
- be injured performing this act legally, then the act should be legal."
- In other words, no regard should be given to the rightness or wrongness
- of the action itself; only the utility should be considered.
-
- The second statement comes from the general notion that "Certain
- acts, such as those listed in our Constituttion, are a priori 'good'
- acts which must remain legal." Whether you like it or not, the
- Constitution states Moral Absolutes, and the SC has interpreted the
- Const as ssaying that the the ability to choose abortion is an
- "absolute" protected by the Const.
-
- The first statement can change as circumstances change, since it
- depends only on the utility. The second statement can never change.
- There is the inconsistency: relativism vs. absolutes. What happens
- when the first statmenet changes? Which argument does the pro-choice
- side believe? (For example, the first statement could change
- if we gave the equivalent of "clean needles" to those doctors...)
-
- >>That concept is at the crux of our
- >>Constitution.
- >
- >Please cite me an article and section on this. (I've always wondered
- >where the crux was...)
-
- Sorry. It's a bad way of saying that our Constitution protects individual
- rights regardless of utility (nowhere in the Bill of Rights will you
- see the phrase "unless its proven that more people benefit without this
- right").
-
- Dan
-