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Abortion, Civil Rights, Healthcare and other Social Issues Abortion, Civil Rights, Homosexuality, Education, Healthcare and other such issues

View Poll Results: Which position best describes your view of abortion and the law?
Abortion should be legal, without any specific restrictions. 19 20.43%
Abortion should be legal, but subject to some restriction(s). 50 53.76%
Abortion should be banned, but subject to exceptions. 10 10.75%
Abortion should be banned, with the sole exception of when the life of the mother is in jeopardy. 14 15.05%
Voters: 93. You may not vote on this poll

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  #496 (permalink)  
Old 09-01-2008
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Swoop187 Swoop187 is offline
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Re: One last abortion poll (Now with more options!)

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Originally Posted by Otter View Post
Is it your position then that the law dictates morality? Funny, I always saw the two as distinct.
Being Ethical and Moral are two different spects.
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  #497 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

Quote:
Originally Posted by Pogo View Post
So where in the US Constitution is it stated that zygotes are persons?

It doesn't say that they are, and it doesn't say that they aren't. In the eyes of the law however, the word person, and the word human being are interchangable refer to Black's Law Dictionary. Now we are back to you needing to prove that zygotes aren't human beings in the face of credible science that says that they are.

Can you do it?
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  #498 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Originally Posted by AJG View Post
Right, but where does it define what a person is? You have one definition of a person, but what is the legal definition? I don't define a person as a clump of cells.

What you define anything as is completely irrelavent. If you can find a copy of Black's Legal Dictionary, I suggest that you look at it. Black's is the law dictionary that practically every judge in the country uses including justices on the supreme court. When two parties have a dispute over the meaning of a legal term, the judge will call both lawyers to his bench or chambers and refer to Black's Law Dictionary. The definition that is in there is the definition that the judge uses.

If you look up the word person in Blacks, you will find that the definition is "a human being". The judge will then ask if you can provide any evidence that suggests that an unborn is something other than a human being. Lets see the evidence you would show him.
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  #499 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Originally Posted by Pogo View Post
Completely irrelevant. You might as well be saying that she isn't entitled to use the word as she sees fit.

Her usage of the word is absolutely proper and I'd say that you owe her an apology for being obnoxious.
People are perfectly entitled to use words as they see fit. They aren't entitled to have their arguments respected if they use the word in an incorrect manner.

Clearly she isn't using the word properly as I have presented a boatload of credible science that states explicitly that unborns are indeed living human beings. If her use of the word were proper, then science surely wouldn't call them human beings. If you refer to medical dictionaries, or just good old websters or any dictionary in between, the definition of human being will be something along the line of "any member of the genus Homo species sapiens.

Now if you can prove that unborns are not members of the species, have at it.
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  #500 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

Quote:
Originally Posted by Pogo View Post
I'm going to substitute zygote for child, unless you object.

Yes, the zygote is less of a person as it has no self-consciousness.
Sorry, the zygote is less mature. We don't become more human as we develop. Just more mature. This goes back to using words properly.

Quote:
Originally Posted by Pogo View Post
Does Black's define "human being" as necessarily being a person?
Human being is not a legal term. It is a scientific term. If you can prove that unborns are something other than human beings, you have yourself an argument. Fail that, and you have just failed.

Quote:
Originally Posted by Pogo View Post
If it doesn't then you're wrong to assume that it is. If it does then I would say that it is in error.
Ask a judge. I have. In fact, I have asked several. I have even asked pro choice judges and the answer is always the same. You may believe that it is just a technicality, but the fact is that the law operates on technicalities.

If you and I were before a judge and had a clear dispute over the word person, he would be obliged to refer to Black's to settle the dispute. If you then argued over the word human being, since human being is not in Blacks, he would refer to a scientific, or standard dictionary to end the matter. Both define human being as a homo sapien.

Quote:
Originally Posted by Pogo View Post
It's your interpretation of the facts you've presented that I take issue with.
Feel free. Since you are unable to offer up a rational rebuttal, it is really immaterial.

Quote:
Originally Posted by Pogo View Post
No, I think the matter rests on whether it can be proven conclusively that the unborn are persons.
Person is a valid legal term and it has a valid definition. "a human being". Some corporations can also be called persons but I don't think anyone is arguing that unborns are corporations. The word means what it means and the fact is that the issue of personhood is the writing on the wall for roe.


Quote:
Originally Posted by Pogo View Post
Again, I'd say that it will have to be conclusively proven that the unborn are persons, and to do that you're going to have to show that all human beings are necessarily persons.
Refer to Black's. That is about as conclusive as it gets. So conclusive, in fact, that the supreme court decided roe on the assumption that unborns were not human beings rather than face the definition of person in Black's.

Quote:
Originally Posted by Pogo View Post
Again, where in the US Constitution is it stated that a zygote is a person?
Where is it stated that they aren't. The Constitution is the means by which the USA is to carry out the mission statement laid out in the Declaration of Independence and in that document the founders said that we come into being with certain rights and the right to live was among them.
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  #501 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Only growing up in a medical family, 4 years of vet school and entering my 3rd of residency. A lot of what we do is tradition; we've been taught a certian way, and so it's passed along. If new evidence appears that suggests someting different works better, it takes a fair amount of time and effort to change things (and some folk never will). Some more of how things are done is borderline superstition; 'I treated it this way once, and the patient got better, so I keep doing it the same way'. Only a fraction of the practice (art, remember, not science) of medicine is evidence based, though one hopes that this fraction is growing. We have come a long way since the days of calomel and mummy.
So you are making the claim that the material in textbooks is opinion or that the tradition may well be contrary to what is found in textbooks?
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  #502 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Is it your position then that the law dictates morality? Funny, I always saw the two as distinct.
No. But the law is what it is and the equal protection clause in the 14th amendment prevents the law, or government from singling out a particular individual or group to give additional rights or deny basic human rights; namely life, liberty, and property.
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  #503 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

PaleRider, you're giving us one definition of a human. I could give you another infinitly more complex definition of a human that says a lot about what humans actually are. A person without a brain is not a person that fits the definition. Being part of a species doesn't define what you are.

Under the definition I follow an unborn baby without a brain is not a human. I find it just as factually correct as your own.
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  #504 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Originally Posted by PaleRider View Post
So you are making the claim that the material in textbooks is opinion or that the tradition may well be contrary to what is found in textbooks?
Given the history of misogyny in America, isn't it all but a certainty that the science re embryology, male dominated as it is, would be biased as a result?
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  #505 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

Just out of curiosity, what are we defining "human being" by? Is it the presence of certain organs (or the lack thereof)? Is it genetic code? Cell count? Structure?

These things should be expressed explicitly.
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  #506 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Originally Posted by PaleRider View Post
Sorry, the zygote is less mature. We don't become more human as we develop. Just more mature. This goes back to using words properly.
If a zygote is not at all a person, lacking self-consciousness, whereas an adult human is a person, then it is entirely correct to say that a zygote is less of a person than an adult human.



Quote:
Originally Posted by PaleRider View Post
Human being is not a legal term. It is a scientific term. If you can prove that unborns are something other than human beings, you have yourself an argument. Fail that, and you have just failed.
You're again wrong because it isn't at all difficult to show that Black's definition of "person" is deficient. If it turns out that that bridge needs to be crossed, it is merely a question of when and not if.

First, it's deficient because it completely ignores self-consciousness, which is one of, if not the, most important human characteristics.

Second, if our world was to be visited by intelligent life forms from some other world and friendly relations were to develop, including trade and intermingling, our law would have to be modified so that it could be applied to these nonhuman persons and again, Black's definition of "person" would be entirely deficient.


BTW, I meant to ask you this earlier but forgot: you seem to be fairly familiar with the science you've presented in support of your position so perhaps you can tell me precisely why it is that a zygote is considered to be a human being?



Quote:
Originally Posted by PaleRider View Post
Ask a judge. I have. In fact, I have asked several. I have even asked pro choice judges and the answer is always the same. You may believe that it is just a technicality, but the fact is that the law operates on technicalities.

If you and I were before a judge and had a clear dispute over the word person, he would be obliged to refer to Black's to settle the dispute. If you then argued over the word human being, since human being is not in Blacks, he would refer to a scientific, or standard dictionary to end the matter. Both define human being as a homo sapien.
I fail to see how that would resolve the matter as Homo sapien denotes species rather than personhood.



Quote:
Originally Posted by PaleRider View Post
Feel free. Since you are unable to offer up a rational rebuttal, it is really immaterial.
Seeing as how you've acknowledged that the strength of your position rests on mere technicality, which in and of itself is arguable, you're just blowing smoke here. On the whole, your position is specious, and from a philosophical perspective, it's patently absurd. The only thing you have going for you is the current composition of the US Supreme Court, and that has nothing whatsoever to do with rationality.



Quote:
Originally Posted by PaleRider View Post
Person is a valid legal term and it has a valid definition. "a human being". Some corporations can also be called persons but I don't think anyone is arguing that unborns are corporations. The word means what it means and the fact is that the issue of personhood is the writing on the wall for roe.

Refer to Black's. That is about as conclusive as it gets. So conclusive, in fact, that the supreme court decided roe on the assumption that unborns were not human beings rather than face the definition of person in Black's.
Again, Black's definition of "person" is easily shown to be deficient. And science which asserts that zygotes are human beings, IMO, can also be shown to be biased.



Quote:
Originally Posted by PaleRider View Post
Where is it stated that they aren't. The Constitution is the means by which the USA is to carry out the mission statement laid out in the Declaration of Independence and in that document the founders said that we come into being with certain rights and the right to live was among them.
As long as you have to keep referring back to the founders and their inalienable rights, your position will continue to fall apart, for the reasons previously stated. "Inalienable" sounds real nice but we all know perfectly well how that worked out in practice.
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  #507 (permalink)  
Old 09-02-2008
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Re: One last abortion poll (Now with more options!)

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Accidentally being run over or deliberately? If it is an accident, then accidents happen. If one deliberately runs over you then that person is guilty of murder? Are you suggesting that being run over by a car deliberately is something that society does or the individual who did it?

Wars are actions sanctioned and taken by governments and killing within the rules of engagement do not fall under the same laws and interations between individuals within the borders of the country. The fact that you would attempt to equate them and then believe that somehow it changes what an unborn is brings the weakness of your argument into sharp relief.
"My argument"? Which argument is that? I was just having a chuckle at your assertion that deaths in war, via execution, via involuntary manslaughter (accidental running over with a car) are not "between individuals". Your nuance of "sanctioned by the government" is, at least, not absurd like the "between individuals" comment, but we're back at square one because abortions are also "sanctioned by the government".

If you're going to make a distinction, I'd suggest that you cease trying to get all the angels to dance on the head of a pin and simply state that you want certain forms of killing to be legal and certain forms to be illegal based on your subjective preference. I see nothing wrong with that - most people feel that way in general, if not about the same particular forms of killing that you do.
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  #508 (permalink)  
Old 09-03-2008
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Re: One last abortion poll (Now with more options!)

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So you are making the claim that the material in textbooks is opinion or that the tradition may well be contrary to what is found in textbooks?
Generally, what is found in textbooks is part tradition and part evidenced based medicine.
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  #509 (permalink)  
Old 09-03-2008