One More Time
joefromchicago: One More Time.
Mills75 wrote:The position: If conception occurs as the result of consensual intercourse, and there is no prior agreement between the parties concerning what would happen in the event of conception, then the male's only obligation should be to pay half the cost of an abortion.
The woman can choose to have an abortion or not have an abortion, but she has
no expectation of assistance on the part of her sexual partner should she choose to bring the pregnancy to term unless there was a preexisting agreement of such. In effect, the system I'm proposing gives men the final authority over whether or not
they become parents. (Remember: I'm arguing for a system of pre-parental rights that is more just, not about how it is now or what the legal system dictates.)
Quote:The argument: Given that the female partner can choose to have an abortion instead of carrying the pregnancy to term, she has no reasonable expectation of long-term financial support from the male partner should she choose to carry the pregnancy to term.
An Abortion in the U.S. is safe, legal, and relatively inexpensive. Since abortion is no
less safe and no
more expensive than childbirth, there is no
objective reason to favor childbirth over abortion in cases of unplanned conception (unless, of course, both parties desire to procreate at that time). Since the woman has this option and is not forced to carry the pregnancy to term, she has no objectively legitimate reason to expect her sexual partner to assist with the child that would result from her decision to carry the pregnancy to term.
Quote:The justification: If one is presented with a choice between alternatives that are equally viable to one's person (equal in financial cost, safety, etc.), and if those alternatives represent differing viabilities to another person, and if one has not been placed in the position to make said choice unilaterally by that other person, then one is required by any rational sense of justice to choose the alternative that is most viable to the other.
If you are presented with a choice of outcomes that are pretty much the same to you, but one outcome would benefit someone who is affected by the decision more (or harm less) than the other outcomes, then you should choose the outcome that is most beneficial (or least harmful) for the other person. This logic is based upon one of the oldest and most universal statements of social justice, and it is something almost every child understands: treat others as you would have them treat you. However, if the other person affected by your decision is solely responsible for you having to make the decision (i.e., has somehow forced you into the position to make the decision), then that other person has violated the social relationship that exists between you and therefore weakened or destroyed any expectations he or she may have otherwise rightly had of you?-in other words, that person, by violating that social relationship, has absolved you of some or all of your obligations to that person and might, in fact, have created additional obligations on the part of that person to you. Again, this is something most people understand: if you wrong another person, then either you are obligated to make it right or that person is (or should be) empowered to make it right.
In the case of unplanned conception, the woman is faced with a choice between abortion and carrying the child to term. Abortion, in the U.S., is actually safer, less expensive, and tends to psychologically impact women less negatively than live birth (compare cases of "abortion guilt" to cases of postpartum depression), but for the current debate we will continue to treat them as equally viable. If the conditions that led to conception were completely consensual, then the woman should either have an abortion or forfeit any expectation of assistance from her sexual partner (remember: I'm talking about a system of pre-parental rights, not what the woman should or shouldn't do out of the goodness of her heart). In cases of conception resulting from rape (or lying about contraceptive measures), the woman was wronged via the larceny of her power to govern her body and is entitled to recover that power with great (but not total) disregard to that recovery's effect on the wrongdoer.
What makes this proposal a more just system is obvious: it would distribute power more evenly among the parties and causes less aggregate harm than the current system.
The conditions you're attempting to test with your analogy for a ?'rape/lying about contraceptive/religious woman' situation and the ?'millionaire rapist' scenario (labeled "Hypothetical 2" and "Hypothetical 3" respectively) have already been addressed in previous posts, and are addressed in slightly greater detail above (read carefully). No, the fact of victimization/wrongdoing does
not give the victim cart blanche to extract
whatever penalty he or she desires from the wrongdoer, but it does empower the victim to recover as much as possible regardless of the cost of such recovery to the wrongdoer. By the way, in "Hypothetical 2," the victim's refusal to accept a blood transfusion (provided that a transfusion would restore the victim to pre-accident health) is actually psychologically pathological, but that is irrelevant to the debate.
The ?'baby's' existence or nonexistence is only important in as much as it determines whether or not an abortion is still a viable option. If the woman chooses to carry an unplanned pregnancy to term despite the objections of her sexual partner, and finds she alone cannot support the now-existing infant, then she still has the option to put the child up for adoption.
Your "Hypothetical 4" implies three parties when there are only two (unless you're implying cases where the woman actually doesn't know she's pregnant until it's too late to abort--in which case, we move from talking about abortion vs. live birth to adoption vs. keeping the child?-same argument, just make substitutions) and you still have a scenario where one party is solely and indefinitely responsible. If the builder was
negligent, it would be the builder's responsibility to pay. However, if the builder did everything required of a builder in constructing the home, the builder would only be responsible if the house was still under warranty. If the home were no longer under warranty, then the homeowner would be solely responsible.