TheGreatGatsby wrote:If we reject all religious arguments against abortion, the only criterion we are left with is the personhood or consciousness of the fetus when determining whether or not abortion is justified.
I'm going to address this particular claim, because I believe it to be false.
There is an aspect of the decision that is related neither to the biological development of the fetus nor religious beliefs, and that is contract law.
Briefly, the contract law argument holds that so long as the sex act is consensual, both parties to the act ratify a contractual obligation through their consent. Because sexual activity between fertile males and females has the natural, expected and ordinary consequence of some probability of pregnancy for any given sex act, public policy can support enforcement of an implied contract between the two parties should pregnancy occur.
In addition, once a new human life has begun, which occurs at the instant that the male chromosomes and female chromosomes align along the spindle apparatus, thereby forming the zygote, which is universally acknowledged as the first cell of a new, unique living organism, in this case a human being, there is then a third party to the contract; the zygote, which ordinarily develops into an adult human being.
Because the zygote is "incompetent" and unable to articulate it's wishes or act to protect itself, a fourth party to the contract appears in the form of the State, acting as guardian ad litem on behalf of the sygote during its gestation.
This contract theory fulfills the legal principles of equity when it comes to protection of the legal interests of all parties, who are given due consideration by neutral authority (the court) in the event of disputes, such as the termination of the child.
Now, there will be instant objection that the woman has claimed absolute control of her reproductive system and must be allowed to exercise complete sovereignty over it, right up to the very moment of birth. However, this presumption is false because it presumes that a) there is only one party involved in decision making about the products of conception; and b) that there is no legal duty or obligation created when the woman consents to have semen injected into her womb by inviting a man to ejaculate inside her.
I believe that both premises are false.
Women have claimed, and achieved, sovereign control of their wombs. The law grants them the absolute right to determine when, how and whether a man injects semen insider her womb. Gone are the days when women could be forced to have sex or forced to bear children against their will. This is a good thing. They have the complete freedom to invite semen injection or refuse it.
But with freedom comes responsibility. Now that women have gained legal sovereignty over their wombs, they also have gained legal responsibility for operating their reproductive organs properly, and both legal and moral responsibility for what occurs inside their wombs, from the implantation of semen to the birth of a child. Because they have responsibility, they can be held legally accountable when they operate their reproductive organs in ways that create legal interests and rights in other parties to the actions.
That being the case, women can, through voluntary participation in the sex act, subordinate their absolute sovereignty over their wombs by ratifying a contract based on their actions. They can forfeit the absolute right to do whatever they want with the products of conception by entering into either explicit or implict contractual obligations that may bind them to specific performance, such as responsible gestation of the fetus through delivery, and may also bind them to consultation and approval of the other parties to the contract before actions detrimental to the rights of those other parties are taken.
Therefore, in summary, women who have consensual sex with a man assume and consent to the known risks of pregnancy, including the known risks of pregnancy even when using birth control, and absent the consent of the other parties to the contract formed by that consensual act to termination of a pregnancy, both the father and the State have a right to intervene in any decisions regarding the welfare of the zygote/fetus, including preventing termination of the pregnancy and compelling specific performance of gestation through birth.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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