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NOW Spokeswoman asks, "Was It Born?"

 
 
Frank Apisa
 
  1  
Reply Mon 28 Apr, 2003 06:23 pm
Ferrous wrote:
Quote:
Deal with the context of what I wrote. In no way, did I mention some Judeo-Christian God. I stated simply

Quote:
Yes, there is Life…(call it what you wish, God, Mitochondria, Wanker, call it anything you want.) That is a fact!


Yes there is life. Why not just call it LIFE? Why give it any other name? So we are in agreement -- there is LIFE.

Quote:
Life gives souls…(again, call it what you wish, psyche, ego, Living Life Force that defines Me," call it whatever you want) Human life is defined by the individual will… That is a fact


Nonsense. That is not a fact -- that is a guess. It happens to be a silly guess in my opinion, but it is a guess nonetheless. We have precious little idea of what LIFE actually is let alone what metaphysical properties are inherent to it. You are ascribing metaphysical properties to it that are pulled out of thin air -- and pretending they are facts.

We have absolutely no need for ideas of soul or any of those other life force things that you tell me I can name anything I want. Whatever it is you are trying to name - may not even exist.

Up to this point - all you have established is: THERE IS LIFE. I've agreed to that.

Quote:
And at some time in it's development, this living being, becomes defined, and it's will to survive ensues. That is a fact.


More mumbo jumbo.

We've agreed that THERE IS LIFE.

Quote:
You really have wasted enough time on this little side trip of yours. Has anything really been accomplished… Not really.


You know...I was just thinking that same thing. And I was wondering why you are wasting my time with this.

Quote:
You have yet, failed to offer constructive input on the subject matter of this discussion, and have commandeered it into a direction, best suited for a philosophical forum. I stepped in, and am now trying to redirect the discussion back to the question at hand…


One, I was commenting on something that was said in this thread - and that is my right. If you want to give the person that made the statement a tongue-lashing - do so. But get the hell off my back on the issue, because I have not been out-of-line here.

Two, I think I have offered constructive input into this thread -- and I think your reaction to what I've said is proof of that.

Frankly, I think you are doing the equivalent of striking up a conversation about peanut butter in a room in which there is an elephant sitting - and you are pretending there is something wrong with people who veer from talk about peanut butter - and mention the elephant.

As to the part about you trying to redirect the discussion back to the question at hand...

...you are failing miserably at that. You are three quarters of the way through your presentation --- and you have not gotten back on track for a second. In fact, you are wasting more time on this nonsense than I am.

Quote:
When does human life, become viable, to afford equal protection, under the Law?"


Aha, finally…in the last sentence, you get back on track. Congratulations.


RESPONSE:

We really don't know. From all indications, none of us knows.

So what problem do you have with arbitrarily picking BIRTH as that point - and constructing law that protects a fetus from harm in a way different from the way we protect humans (homo sapiens who have been born) - WITH THE EXCEPTION OF THE COICE OF ABORTION - since it presents such a unique circumstance?
0 Replies
 
dlowan
 
  1  
Reply Tue 29 Apr, 2003 06:33 am
Just a few quick observations - in no particular order.

Re Sofia's comment about the "morning after pill" fixing the "overblown" rape argument. Sadly, in my experience, which is quite extensive - (15 years working with young people including many raped/sexually abused - including time in a rape and sexual assault service) - many young girls (especially in the 11- to 16 age group) do not tell an adult about the rape at first - some never, some in a few weeks, some in a few months, some in a few years. A girl can easily be more than 12 weeks pregnant before she, or anyone, really knows it. Actually, I have known girls and even adult women, though infrequently, be in such shut-down and denial that the whole pregnancy is denied - oddly, in such circumstances of denial, the pregnancy looks different from a normal one, and can be mistaken for weight gain.

Such situations are not, of course, statistically especially frequent, but they do exist.


On a legal note, I would imagine a field day for defense lawyers re proving mens rea in the case of the foetus if a prosecution for homicide was attempted - I guess this could be addressed by going for manslaughter, or a reckless disregard sort of law.

I wonder if another possible way of addressing the issue of how violated our sense of natural justice is in these cases might be to enshrine death of the foetus in matters to be taken into regard when sentencing in such cases? Just a thought.

Fishin' - I am not especially au fait with how the law works in America - but I would have thought that a possible concern for pro-choice people would be that, if the law were changed as proposed, once the first successful prosecution under such a law occurred, then lawyers acting for pro-life groups would be able to cite this as a relevant precedent re murder/manslaughter of a foetus and take it as far as the Supreme Court?
0 Replies
 
fishin
 
  1  
Reply Tue 29 Apr, 2003 06:57 am
dlowan wrote:
Fishin' - I am not especially au fait with how the law works in America - but I would have thought that a possible concern for pro-choice people would be that, if the law were changed as proposed, once the first successful prosecution under such a law occurred, then lawyers acting for pro-life groups would be able to cite this as a relevant precedent re murder/manslaughter of a foetus and take it as far as the Supreme Court?


I'd guess that it probably is a concern as well but the proposed Federal Bill is pretty much identical to the laws that exist right now in 24 states (7 states have other laws that change the sentencing as you mentioned as well..) and there have been numerous convictions under the laws in those 24 states since the 1970s already. If someone wanted to appeal a case to the Supreme Court they could do so in any of those cases so adding the Federal level law doesn't create any new legal opportunity that I can see. I did a quick search and there have been appeals of some of these cases as high as the CA, LA, DE and SC State Supreme Courts and all have upheld the convictions although none of the appeals have challenged the validity of the law itself.

A story on one of those appeals:

"The California Supreme Court has upheld the death sentence of William
Dennis, convicted by a Santa Clara County jury for the 1984 Halloween
night murders of his former wife and her unborn child.

In an unanimous opinion written by Justice Ming Chin, the Supreme Court
rejected Dennis' appellate arguments challenging the convictions and the
imposition of the death penalty.

Deputy DA Pauly Kuty said that "it was a horrible crime." Dennis remains
far from an execution date because he is likely to seek further appeals.

A jury in 1988 found Dennis guilty of using a machete with an 18-inch
blade to slay his ex-wife, Doreen Rae Erbert, and her 8-month fetus at
their San Jose home. Prosecutors argued at trial that Dennis, now 47,
had plotted to kill his ex-wife and her husband as revenge for the 1980
death of his 4-year-old son, who drowned in Erbert's swimming pool.

The jury convicted Dennis of 1st degree murder for Doreen Erbert's death, and of 2nd degree murder for the killing of the fetus. Dennis
conceded he was the assailant who donned a Halloween mask and went
to the nearby home of Erbert. After his ex-wiftold him to leave,
Dennis struck her repeatedly with a heavy blade. Jurors said they
did not hav enough proof that Dennis knew his former wife was pregnant
to convict him of 1st degree murder of the fetus.

Defense lawyers for Dennis argued at trial that he should not be given
the death penalty because he was so tormented by the death of his son."
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dlowan
 
  1  
Reply Tue 29 Apr, 2003 07:28 am
Hmmmmmmm......interesting.
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New Haven
 
  1  
Reply Tue 29 Apr, 2003 08:23 am
When does human life begin?

According to devlopmental biologists, human life begins when a sperm cell fertilizes a human ovum.

Need I say more?
0 Replies
 
New Haven
 
  1  
Reply Tue 29 Apr, 2003 08:24 am
By the way, I'm truly sorry that some members of this forum didn't like my comments about a God-given human soul. I shall never repeat that comment again.
0 Replies
 
Ethel2
 
  1  
Reply Tue 29 Apr, 2003 08:43 am
New Haven,

If a person says they don't like a statement of yours, it doesn't necessarily follow that you shouldn't ever say it again. Of course, if it makes you want to never say it again, that's your preference and will be respected.
0 Replies
 
Frank Apisa
 
  1  
Reply Tue 29 Apr, 2003 08:52 am
New Haven wrote:
When does human life begin?

According to devlopmental biologists, human life begins when a sperm cell fertilizes a human ovum.

Need I say more?


Perhaps New Haven has inadvertently hit on something important here. Maybe we ought not to be so concerned with when human life begins -- and more with when human life becomes a person.

It can logically be argued that an egg is "chicken life" -- but that does not make an egg a chicken.

In New York, this week, a bunch of people were arrested for cruelty to animals in that they were running cock fights. Essentially, they are going to be prosecuted for cruelty to animals because they were being cruel to chickens. They could have been throwing eggs at the walls -- but no cop would have arrested them for cruelty to animals because of that.

An ovum may be a part of human life -- but that does not make it a human being or a person. A fetus IS a part of human life -- but it is not a human being or a person.
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Sofia
 
  1  
Reply Tue 29 Apr, 2003 09:06 am
New Haven said--
By the way, I'm truly sorry that some members of this forum didn't like my comments about a God-given human soul. I shall never repeat that comment again.
-------------------------
NH--
You certainly have a right to keep your spiritual views to yourself, but I wanted to comment on your first statement about God-given souls, and your recent decision not to share similar views.

The reason I don't employ my spiritual beliefs in the abortion argument is: doing so sort of thrusts everyone else under my personal spiritual belief... In other words, if I say "Abortion is against God's law," I am expecting everyone else to believe in the same God, in order for them to say, "Well, of course, if God says it's wrong...." That is why I feel religion doesn't have a place in the public policy of abortion, though it certainly may be your guiding principle. Public policy must have it's basis in logic, fairness, the Constitution or some other universal factor.

It does make me sad for you that public opinion here has made you feel pressured not to share your religious views. I feel you have lost something. Crying or Very sad

I support atheists' right not to believe, and your right to believe. I just don't think any religious or non-religious group should use personal belief to form public policy.
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blatham
 
  1  
Reply Tue 29 Apr, 2003 09:24 am
sofia

On this last matter, we are entirely in agreement. As regards New Haven's post though, I'm afraid he/she is being a little bit obtuse about truth claims, faith, and verifiability.
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Phoenix32890
 
  1  
Reply Tue 29 Apr, 2003 09:31 am
Sofia- I think that you have really gotten to the heart of the matter!

http://groups.msn.com/_Secure/0SwAAADkXKYYsegmPwIgFvV7bcG*ITHHDu5Xvl47fZOgUJWzCRnIyxFNkgUQtWyum8MLadaflcXZiAeQRT53Sg7H2qPdzhIj7sm8S1fqRQ3R3sfmITGM5Rg/applause0.gif?dc=4675419808304458764
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Craven de Kere
 
  1  
Reply Tue 29 Apr, 2003 01:25 pm
fishin' wrote:

The relevance that is carries is that Laci Peterson was brought up as an example (by Lola)


Lola did not bring up Laci.

fishin' wrote:
and the date clearly demonstrates that her case was not in any way, a consideration in drafting the law - exactly as you stated.


Yes, the date shows exactly that. And if that were the argument it would be relevant. Since it was not it is irrelevant.

Refresher:

Terry wrote:
This law would not have protected Laci Peterson's baby or any other fetus.


The contention was that Laci would not have been protected by such a law. That is arguable but the date does nothing to address the argument and that is why I call it a red herring.

I am still waiting for you to point out my straw man. If it exists and is not a baseless tit-for-tat allegation I would like to know what it is and possibly correct it.

fishin' wrote:
Quote:
So you counter with your own brand? Hence the two wrongs don't make a right comment.


Yup. My comment was intended to be a tongue in cheek response intended to demnostrate the absurdity of the "religious conservative Republicans" comment. Apparently people took notice.


Ok are you saying that you were "toungue in cheek" and trying to set the record straight and the others are bullshitters.

I can see the advantages of seeing things this way.


fishin' wrote:

Really? Which unrelated laws cover this? There is another case pending in NC which is somewheat similar. A woman, 7.5 months pregnant was murdered. The accused is being held on one charge. No additional charges are available nor is there any additional penalty for the fact that the woman was 7.5 months pregnant. When this bill was in the Judicary Committee in the House there were 4 other cases that were covered where there was no additional charges/penalties available to prosecute the offenders with. At the Federal level, there AREN'T "other laws". What is unmitigated bull here is the claim that the bill infringes on abortion rights.


Explain how a person can willfully kill an unborn child against the mother's consent with impunity. Your example does not illustrate impunity. It illustrates the lack of a law that is the subject at hand. The argument was raised that such a law was not needed, you intend to show it's need by illustrating it's absence? That is absurd. Show us how someone can intentionally kill a baby against the mother's wishes with legal impunity. That would be a better argument for the law, not an example showing the lack of said law. What you did is called circular logic.



fishin' wrote:
Quote:
B) Nobody wants the woman to have less of a right to bear her child. Straw man.


Straw man yourself. Where did I ever say they did? What I said was that they weren't holding the abortion and having the child options on the Freedom of Choice decision on equeal levels.


I made bold the part where you do it again. Again, nobody here wants a woman to have anything less than an ABSOLUTE undeniable right to bear her child if she chooses.

fishin' wrote:
The right to have the child exists and we have proof that people are being denied that right.


Please illustrate the "proof" I am unaware of it. If you are gonna use the old circular logic of "we don't have this law therefore it is needed" then please don't waste my time. Show us how someone can deny a woman her right to bear a child without breaking a law.

fishin' wrote:
Call it a bicycle. Call it a car. Call it whatever you'd like. The reduction of a fetus to mere property wasn't done by me and ought to be offensive to anyone. It is also a faulty view of standing law.


Adult humans are routinely characterized as assets, even property (ever eveluate the worth of a sports team?). Humans are routinely bought and sold. It's a nice notion that humans should not be property but hardly exclusive to this subject.

fishin' wrote:
Quote:
Please point out my straw men. When I called your arguments straw men I pointed them out and explained why I think so.


Look at your responses. You didn't counter most of the points nor did you counter the overall idea. You made lots of accusations of red herrings and straw man arguments. "Nice straw man you have there" is a rebuttal and/or explanation????



Ok, here is the explanation:

1) You use circular logic to defend the law. You do this by mentioning the lack of the law to argue for it's need.

2) You create straw men by saying that persons here do not consider the woman's right to bear her child as unquestionable. You imply that they are less interested in this than in protecting the woman's right to choose.

Ok, I explained, your turn. I really am interested. Not using straw men is a very important goal in any discussion I engage in and if I have done so I would like to see where.

fishin' wrote:
Another example:
Terry said "Like any other property, she may dispose of it if she chooses but must be compensated for any harm done to it by others."

to wit I commented: "Property? Compensated? So the woman should be handed $20 and told to be on her way? What is the cash value of a fetus nowadays?"

And then you followed with: "What's the value of an adult's life these days? The difficulty in quantifying value of life that does not have a policy taken out on it is one not particular to this case."

The original point raised there was that the fetus has (or should have) no status other than property and that the woman "must be compensated" which I commented on and then you commented that it isn't particular to this case.


I believe that I was clear in that accessing the monetary value was not particular to this case. This is not civil law. Your comment about a fetus being worth $20 bucks is an attempt to make that argument sound crude (maybe with good reason).

fishin' wrote:

You disected the comment and chose to focus on one line and missed the point entirely. The value is irrelevant. The issue I questioned is the reduction of the fetus to property and afixing a value to that "property".


In that I have to agree. And focusing on that would have been a red herring.

Now in that point, the monetary value is irrelevant right? So where is the argument that a fetus should not be property? I imagine that there are very good ones.
0 Replies
 
cavfancier
 
  1  
Reply Tue 29 Apr, 2003 01:47 pm
Heh, after reading Kraven's post, all I can think of is fishin' = de-bait Mr. Green
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Ethel2
 
  1  
Reply Tue 29 Apr, 2003 04:21 pm
Pretty convincing, Craven
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Sofia
 
  1  
Reply Tue 29 Apr, 2003 04:35 pm
Among alot of other stuff, Craven said--

2) You create straw men by saying that persons here do not consider the woman's right to bear her child as unquestionable. You imply that they are less interested in this than in protecting the woman's right to choose.

----------------------

Craven is unaware that he has fallen into the debating faux pax of nobo binobo, which means he quickly discounts other's opinions, by overuse of terms like straw man and red herring and circular logic.

How about ix-nay on the raw man stay, and looking at what fishin' said? I think he's right. NOW is much more concerned about the Peterson child NOT being considered alive at the time of his murder than justice being served in the Peterson case. This is a legitimate comment.

I know I'm nuts to put my foot in this pile, but all the nobo binobo seems like a dodge.
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Ethel2
 
  1  
Reply Tue 29 Apr, 2003 04:41 pm
NOW is interested in protecting a woman's right to choose, not in preventing a woman from having a wanted baby.
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ferrous
 
  1  
Reply Tue 29 Apr, 2003 06:15 pm
Frank Apisa wrote:



ferrous wrote
Quote:
Your argument was too quick to split hairs rather than deal with the intent of the article.

New Haven simply wrote "It? Since when is a human being with a God-given human soul referred to as "it"?


Once again -- who are you to say that a human being has God-given virtures. And who are you to suppose that a human being cannot be referred to as an It?


Who am I: An activist/supporter for the care and treatment of Intersexed Persons.

According to Apisa: even though I find the word "It" just as offending as the word "Nigger," I have no right to demand that people stop using such a derogatory word to describe another human being.
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Ethel2
 
  1  
Reply Tue 29 Apr, 2003 06:23 pm
"it" doesn't have the same or similar history or connotation for most people that "nigger" does. Could I say that for you to say "it" is as bad as "nigger" offends me so I demand that you never say it? Yes I could, but you would be in your rights to say it anyway.
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Craven de Kere
 
  1  
Reply Tue 29 Apr, 2003 06:23 pm
Sofia wrote:
Among alot of other stuff, Craven said--

2) You create straw men by saying that persons here do not consider the woman's right to bear her child as unquestionable. You imply that they are less interested in this than in protecting the woman's right to choose.

----------------------

Craven is unaware that he has fallen into the debating faux pax of nobo binobo, which means he quickly discounts other's opinions, by overuse of terms like straw man and red herring and circular logic.

How about ix-nay on the raw man stay, and looking at what fishin' said? I think he's right. NOW is much more concerned about the Peterson child NOT being considered alive at the time of his murder than justice being served in the Peterson case. This is a legitimate comment.

I know I'm nuts to put my foot in this pile, but all the nobo binobo seems like a dodge.


Don't make stuff up. Illustrate the logical inadequacy. I love to know where and how I can improve my arguments.
0 Replies
 
fishin
 
  1  
Reply Tue 29 Apr, 2003 06:50 pm
Craven de Kere wrote:
fishin' wrote:

The relevance that is carries is that Laci Peterson was brought up as an example (by Lola)


Lola did not bring up Laci.


She did in the post that I responded to. Go back and read it and the quotes of her post in our intervening posts here.

Quote:
fishin' wrote:

Really? Which unrelated laws cover this? There is another case pending in NC which is somewheat similar. A woman, 7.5 months pregnant was murdered. The accused is being held on one charge. No additional charges are available nor is there any additional penalty for the fact that the woman was 7.5 months pregnant. When this bill was in the Judicary Committee in the House there were 4 other cases that were covered where there was no additional charges/penalties available to prosecute the offenders with. At the Federal level, there AREN'T "other laws". What is unmitigated bull here is the claim that the bill infringes on abortion rights.


Explain how a person can willfully kill an unborn child against the mother's consent with impunity. Your example does not illustrate impunity. It illustrates the lack of a law that is the subject at hand. The argument was raised that such a law was not needed, you intend to show it's need by illustrating it's absence? That is absurd. Show us how someone can intentionally kill a baby against the mother's wishes with legal impunity. That would be a better argument for the law, not an example showing the lack of said law. What you did is called circular logic.


It's absurd? Is that a fact or your personal opinion? Can you name for me one single law that that is currently in existance that DIDN'T come about as the result of a percieved need to correct what someone saw as an injustice or miscarriage of justice? We have thousands of laws that exist because someone committed an act which others thought an affront to society.

And umm.. Why did you feel the need to change your statement here? The original comment that I addressed was "This is unmitigated bull, protecting the woman's right to bear her child is covered under other unreated laws." Now it's "Explain how a person can willfully kill an unborn child against the mother's consent with impunity." You claimed there were "other unrelated laws" that cover the issue - What are they? What other laws address an attack and punishes the act of harming the fetus? Charging the attacker with killing the mother doesn't do it. The law and penalty is identical if the woman isn't pregnant in that case. Again, what other Federal law creates a punitive criminal damage for involuntarily terminating another persons fetus?

And please.. explain this one to me: "Your example does not illustrate impunity. It illustrates the lack of a law that is the subject at hand."

What?? It doesn't illustrate impunity (Merriam-Webster definition: "exemption or freedom from punishment, harm, or loss") yet it illustrates the lack of a law? If there is no law then aren't you pretty much free from punishment? You are debating yourself here...

Quote:
fishin' wrote:
Call it a bicycle. Call it a car. Call it whatever you'd like. The reduction of a fetus to mere property wasn't done by me and ought to be offensive to anyone. It is also a faulty view of standing law.


Adult humans are routinely characterized as assets, even property (ever eveluate the worth of a sports team?). Humans are routinely bought and sold. It's a nice notion that humans should not be property but hardly exclusive to this subject.


Again, show me. Find me a single sports team (the example you chose) where the value of the team is based on the flesh of the members of that team. I've seen things like projected ticket sales revenue, players salaries, advertising revenue and a lot of other things included in those sorts of numbers but I've yet to see a price tag put of human flesh on any balance sheet.

Yes, some humans are bought and sold. It's called slavery - a practice that the entire world has agreed is an abhorant practice and outlawed on the basis that humans AREN'T property! There are also numerous international laws against selling body parts (for those who don't consider a fetus to be "human"). Those who traffic in either are in violation of those laws.

And whether or not the issue is exclusive to this subject or not is irrelevant (or as you prefer, a red herring..). The issue WAS raised in this thread.


I'll be back to address your other comments as time permits! Wink
0 Replies
 
 

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