A secular debate about abortion

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Re: A secular debate about abortion

Post by Seth » Thu Feb 03, 2011 4:12 am

lordpasternack wrote:Warren, I can't help but feel that you're cherry-picking certain bits of my posts a bit too much without addressing the wider spirit of my argument. Or maybe you're failing to see my full argument?

I think it should be a legal statute that men can go to some official place or other and wash their hands clean of responsibility for a pregnancy in a way that reduces them to the legal equivalent of donors to sperm banks - part of the deal being that the respective females are consulted beforehand and have the choice to terminate or continue and accept full responsibility. Donors to sperm banks clearly put themselves in situations that are likely to give rise to biological parenthood - but are carefully removed from both the rights and responsibilities of actual nurturing parenthood.
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Re: A secular debate about abortion

Post by lordpasternack » Thu Feb 03, 2011 4:38 am

Seth, I already held every single view that I've articulated in this thread. I already saw the hypocrisy of some feminists. I already know… You really didn't need to shove the eggs into mouth for me to suck… (errrrr, pardon the analogy choice. :shifty: )

I do find your idea of opt-in fatherhood quite intriguing, though. There is actually something like that in the UK (or at least Scotland). If the father isn't present at the registration of the birth, he isn't a full legal parent in some (if not all) respects. I don't know the ins and outs of it, and the implications. I suppose it might work as an idea. I wouldn't take marriage as irrevokable consent for any future events that happen between the two parties, though...

There's still no ideal solution where the man wants a foetus that a woman doesn't. You simply cannot compel someone to remain physically attached, and physically constrained and put at risk by a foetus that they don't wish to support. And until ways are developed for foetuses to be removed from the female without significant harm done to either party (and I think the wellbeing of the mother should outweigh those of the foetus, particularly when sentience/personhood/pain perception are disputable), and the foetus brought to term independent of the mother - those are just the brakes…
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Re: A secular debate about abortion

Post by lordpasternack » Thu Feb 03, 2011 5:27 am

Also, Seth - to demonstrate how seriously avant-garde you have been here, check the thread title and thread-start date from this screenshot I took with my iPhone:-

Image

The thread is here, by the way - but it's in an area of the forum where more sin than usual lurks, which you have to opt-in to see.
Then they for sudden joy did weep,
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That such a king should play bo-peep,
And go the fools among.
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Re: A secular debate about abortion

Post by Thinking Aloud » Thu Feb 03, 2011 9:57 am

What an interesting thread - especially the way arguments are sometimes completely misinterpreted by opponents, because of assumptions and polarisation. Great to see on Ratz, and educational almost more in terms of the psychology of debate than the actual subject. :tup:

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Re: A secular debate about abortion

Post by charlou » Thu Feb 03, 2011 10:06 am

Yep, it's a good one.
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Re: A secular debate about abortion

Post by PsychoSerenity » Thu Feb 03, 2011 12:42 pm

Ok so I've read some of this thread now...
lordpasternack wrote:I think men should be allowed to tell women, where abortion is freely available and an option to them - that they want to lay full responsibility for the fate of the pregnancy and any resultant child at the door of the woman. If a woman consciously, actively chooses to keep a pregnancy that she knows the other party doesn't want, that is her choice and a choice for which she should be held accountable for, in my view. Men who register their lack of willingness to become parents at least before a specific cut-off date should be deemed legally equivalent to donors to sperm banks, in my view.
In a perfect world I would agree with this, however, although the law may be pro-choice, I don't think society is quite there yet. There is still too much negative feeling attached to abortion, and a woman could easily feel she doesn't have a choice. If I were a guy in that situation, I would certainly try to persuade the woman that there's nothing wrong with abortion - so that she could have the choice of if she wants to have a baby or not, rather than the choice of if she's prepared to become a murderer for her own selfish reasons. If a woman felt she had to have a baby that she didn't want, I think I'd feel compelled to help her. On the other hand if a woman wanted a baby, and had no hang-ups about abortion, then it's a free choice on her part - and if the man had made it clear that he didn't want a baby, then I agree he shouldn't be forced to take responsibility.
lordpasternack wrote:If a male wants to keep an embryo/foetus that a woman doesn't - the woman gets to remove it from her body, still "living" and the male can then go about nurturing the being till his heart's content…
As soon as we have the technology to bring an embryo to full term without the need of a woman, I think this should be an option. But the reason I bring it up is it raises a point I was going to make earlier in the thread (before Seth got involved). The argument that the cut off point for abortion should be related to whether or not we can keep the baby alive if it were born at that point, is silly (not sure who said it but I'm sure I saw it somewhere). Eventually, with artificial wombs, a woman could start a new baby developing every month. It might even be preferable to having the baby biologically. It could even go further - if we have the technology to artificially create zygotes directly from one or more samples of DNA, there would be no limit to the rate at which we could produce humans.
[Disclaimer - if this is comes across like I think I know what I'm talking about, I want to make it clear that I don't. I'm just trying to get my thoughts down]

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Re: A secular debate about abortion

Post by Copyleft » Thu Feb 03, 2011 1:30 pm

Seth and Pasternack are both right here. To me, the situation boils down to one of rights.

If an unwanted pregnancy occurs, and biological injustice means that ONLY the woman gets any rights to decide what to do next... then clearly, the man should bear no burden of responsibility resulting from that decision.

To suggest that engaging in sex automatically waives your rights and leaves you on the hook for any consequences, as I've seen some so-called "feminists" do (on the NOW forum, for example), is tantamount to arguing "You shouldn'a spread yer legs in the first place, sucker." Which is obviously the same argument once used to deny women their right to choose.
Last edited by Copyleft on Thu Feb 03, 2011 1:54 pm, edited 1 time in total.

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Re: A secular debate about abortion

Post by Coito ergo sum » Thu Feb 03, 2011 1:46 pm

Seth wrote: Well, this is where we disagree. In the common law, one can ratify a contract through performance, and implied contracts are everywhere in the law.
Yes - but, an implied contract is not just "whatever we choose it to be." A contract is implied when a party knowingly accepts a benefit from another party in circumstances where the benefit cannot be considered a gift. Therefore, the party accepting the benefit is under a legal obligation to give fair value for the benefit received. In the case of sex, there is no implication that a woman would pay fair value for some benefit received or vice versa.
Seth wrote:
Go look at any warranty for a consumer good, which will disclaim any "implied warranty." A warranty is a contract.
In the area of consumer goods, an implied contract is like when you take stuff off the shelves at a supermarket there is an implied contract that you pay the price of the goods before taking them home. There is no "express" offer and acceptance. That's an implied contract.

Implied warranties are warranties that are set by law - they are implied assurances that are made by the seller of a product or real estate. It's like - if I sell food at the store, it's implied that it's fit for human consumption. There is no similar implied warranty that is anything like your supposed "implied warranty that a woman will be solely responsible for all children born out of a particular sexual intercourse absent the father's express acceptance of support obligations some time prior to birth."
Seth wrote:
If I invite you onto my property, there exists an implied contract between you and I that I will take due care not to expose you to hazardous conditions, like an icy sidewalk.
That's no mplied contract. That's tort law. You have a duty toward licensees and invitees to adhere to a certain standard of care. There is no contract, express or implied. If someone gets injured on your property you get sued for negligence (unless you also have an offer, acceptance and consideration to do X, Y or Z and you failed to do X, Y or Z).

Seth wrote: If you are a trespasser, however, my duty of care is "ordinary care," which means not to knowingly create a hazard that can harm you, but if you get injured by some ordinary hazard, I'm not responsible. These sorts of implied contracts can be based, as we see, in societal expectations and common practice.
That's wrong. You don't owe a duty of "ordinary care" to a trespasser. To an undiscovered trespasser you owe a duty not to trap or wilfully harm the trespasser. To the discovered trespasser you owe only the duty of common humanity to warn of hidden dangers of which the owner is aware.

But again -that's tort law - negligence - not "contract."

Tort liability to licensees, invitees and trespassers would have some analogous relevance if you were claiming that a woman should be liable for all the costs associated with the fetus/baby on a negligence theory - failure to adhere to a legal standard of care where she had a legal duty to exercise such care. But, you're taking a contract route. So, why you are arguing about negligence and tort law now is raising an inapplicable analogy.
Seth wrote: My argument is that because pregnancy is a natural, ordinary, known and predictable (to some extent) result of sexual congress, society is free to acknowledge a common law contractual obligation on the part of both parties to the sex act in the interests of equity among the parties and in the interests of public policy, in the same way that the common law recognizes a contractual relationship between an invitee and a landowner, or a permitee and a landowner, or a trespasser and a landowner.
The common law does not recognize a contractual relationship between an invitee and landowner. It's a legal duty imposed by law based on the status of an injured person. It's no more a matter of 'contract' than any other negligence claim. If you are driving down the street in your car there is no contract, express or implied, that you not ram your car into mine. However, while operating your car on the roads you have a tort duty to act reasonably under the circumstances and if you breach that duty to act reasonably, and someone or something is injured as a proximate result of your failure to behave reasonably, then you are liable for negligence.
Seth wrote:
The entirety of tort law is in fact a whole series of implied contracts between members of society that require no oral or written ratification. The laws of libel, for example, apply whether or not the libelist has agreed to have his free speech constrained. The same is true of every other tort claim.
There is no agreement at all, whether express or implied. An implied contract is a contract - with contract terms - that is implied from the circumstances of a given transaction. Tort law is not a "series of implied contracts." Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to a wider class of persons. Even implied contracts are "voluntary undertakings." The voluntariness is implied from the circumstances - example: you impliedly agree to pay for your stewed tomatoes before you exit the store. If you slip and fall on stewed tomatoes that had spilled on the floor of the supermarket, the supermarket may be liable to you in tort for negligence - they have no contractual duty to you, though (whether express or implied).
Seth wrote:
And as we see in current legal interpretations there IS a common law implied contract of specific performance that burdens both parents to support THE CHILD. The child has not made a contract, the parents have not necessarily orally or in writing agreed to support the child, and yet it is universally true that the courts enforce that contractual liability that is created when a child is born. This is an implied contract acknowledged by all civilized societies, and it proves my point that such contracts DO exist.
There is no common law implied contract to support a child.

There is a legal duty imposed irrespective of the agreement of the parties under common law for parents to support their born children. It's not an implied contract.

It is NOT universally true that the courts enforce CONTRACTUAL liability created when a child is born. They enforce the common law (or actually today it's a statutory duty, because in all 50 states in the US the common law in this area has been superseded by statute) duty to support your born children. It's not a duty found in contract, and no court decision in United States or British history has ever stated that a father has a CONTRACTUAL obligation to support his born children.
Seth wrote:
Because they do, there is no reason not to extend the logic further.

Contracts are always best if expressed orally or in writing, but it is not legally necessary in all cases to do so for a contract to be ratified.
Right - an implied contract can be found from the facts and circumstances where the facts justify the conclusion that certain terms were agreed to by virtue of the circumstances. One example is the agreement to return a vehicle within a period of time after you borrow it for a test drive. Even if you don't agree expressly to return it, you have to return it because that's what test drives are for. Another example is that when you take the stewed tomatoes off the shelf of the supermarket you impliedly agree to pay for them at the cash register rather than walk out the door.

You're trying to suggest that there is an implied contract that when a woman consents to sex with a man, that unless she gets his agreement to support the fruit of their loins expressly, that she is impliedly contracting to be solely responsible for the support and upbringing of any children born alive of that union? Is that what you are really suggesting is "implied" by the fact of sexual intercourse between two people? If that is "logical" to you, then I have to simply respectfully disagree. Such an obligation is nothing like implied contracts in other circumstances. What you're doing is just picking a state of affairs you find palatable and decreeing that it be deemed "implied." That ain't how implied contract law works.

I want to add that you might be alluding to the law of "quasi-contract." But, that too doesn't apply because for there to be liability for quasi-contract, three things must happen: (1) Plaintiff furnished / rendered valuable goods / services to Defendant with a reasonable expectation of being compensated; (2) Defendant knowingly accepted the benefits of the goods / services; and (3) Defendant would be unfairly benefited by the services / receiving the goods if no compensation were paid to the Plaintiff. I trust you are not suggesting that quasi-contract law applies. But, you'll let me know.

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Re: A secular debate about abortion

Post by Coito ergo sum » Thu Feb 03, 2011 1:58 pm

Seth wrote:
The hypocrisy of the law as it stands now is that the man has absolutely no rights at all when it comes to the fetus, and is burdened with the responsibility of providing support for the child if the woman asserts her right to gestate the child.

I see that as a fundamental inequity in the law that must be rectified. The law is supposed to protect everyone's rights equally.
This is more like your "gravity" argument. The man has no right at all when it comes to the fetus because the fetus is in (and arguably part of) the woman's body. In order for him to have a meaningful say in the matter, the woman would have to be subjected to his will and her actions would have to be cleared by the father first. What that would result in would be involuntary servitude, peonage or slavery on the part of women because what they do with their bodies would be directed by others. If a man wants her to have the baby, she must have the baby (since withholding his consent to an abortion constitutes a requirement that she bear the child).

Moreover, you are just wrong when you say that the law is supposed to protect everyone's rights equally. Equal protection does not require that different things must be treated equally. In this case, there are fundamental differences between men and women - women have uteruses and bear children - men have cocks and balls. To suggest that a man ought to have the right to direct whether a woman has an abortion or not is analogous to saying that a wife ought to be able to veto a man's desire to have a vasectomy. She has an "interest" in whether he gets one because he's her husband and they may have been contemplating having children together - but, unfortunately for her, they're his testicles....



Seth wrote:
I'm not necessarily opposed to terminating fetuses, I have no religious beliefs in that regard, but I think that society should squarely face the issue and acknowledge that abortion terminates a human life.
Sure - abortion terminates human life, but not "a human being." Cutting off your thumb terminates human life, too.

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Re: A secular debate about abortion

Post by normal » Thu Feb 03, 2011 2:22 pm

This thread sure has a lot of views. Hello, strangers!
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Re: A secular debate about abortion

Post by maiforpeace » Thu Feb 03, 2011 2:32 pm

lordpasternack wrote:Also, Seth - to demonstrate how seriously avant-garde you have been here, check the thread title and thread-start date from this screenshot I took with my iPhone:-

Image

The thread is here, by the way - but it's in an area of the forum where more sin than usual lurks, which you have to opt-in to see.
Yes, I've been wondering where Cunt is...we had the same discussion on HOC several years ago.
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Re: A secular debate about abortion

Post by Coito ergo sum » Thu Feb 03, 2011 2:32 pm

normal wrote:This thread sure has a lot of views. Hello, strangers!
...but only one correct one.... :-D

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Re: A secular debate about abortion

Post by normal » Thu Feb 03, 2011 2:35 pm

Coito ergo sum wrote:
normal wrote:This thread sure has a lot of views. Hello, strangers!
...but only one correct one.... :-D
:lol:
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Re: A secular debate about abortion

Post by Coito ergo sum » Thu Feb 03, 2011 2:49 pm

There is a discussion about this on Helium.com: http://www.helium.com/debates/130650-sh ... parenthood

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Re: A secular debate about abortion

Post by Seth » Thu Feb 03, 2011 3:58 pm

lordpasternack wrote:Seth, I already held every single view that I've articulated in this thread. I already saw the hypocrisy of some feminists. I already know… You really didn't need to shove the eggs into mouth for me to suck… (errrrr, pardon the analogy choice. :shifty: )
Glad to hear it. I refer you to Aristotle again. As for "need," since when is "need" a component of free speech, particularly here? I came, I saw, I posted. And nobody actually shoved anything anywhere, except some electrons down a wire. The thing about trolling that makes people angry is not that the provocative exercise of free speech occurred, but rather that the reader is embarassed at how they reacted to it, to their inability to control their emotions and be logical and rational, at their surrender to that little spark of outrage that leads them to, as I like to say, "post in haste, repent at leisure™." (yes, another trademarked Sethism...) I see the flash of anger and loss of rationality at being successfully trolled by, as someone here said, the "grandmaster zen troll who trains his victims to troll themselves every time they think of him," as a manifestation of deep embarrassment and humiliation.

I like to refer to it as "stimulating debate." Trolling, you see, in my lexicon, is the fisherman idling along on the surface dragging a baited hook through the water, waiting for the fish below to bite, at which point he reels them in and watches them flop around on the deck before bashing their brains out. My methodology is a bit more sophisticated. I like to fish for prey with a #24 Griffith's Gnat on an 8x tippet and play the catch till it's exhausted, at which point I gently and carefully unhook and slip it back into the stream so I can play with it another day. You know, like catch and release trout fishing.

It's also something like Zen trout fishing, where you present the fly and await the strike, but the lure has no hook.

The intention, of course, in cruder terms, is to "shove the eggs into [your] mouth" to induce you to mumble around them in protest. More politely put, it's to create sufficient controversy and reaction to get the debate off and running. It's quite an effective technique that I developed way back in the Usenet Days of Yore, and have been refining ever since. In this case it was so marvelously effective that I fomented a lengthy (and at times interesting) debate in two completely different forums, one of them by successfully trolling and pwning the mighty Atheist intellect and icon, PZ Myers, who was so outraged by the debate that he thoroughly embarrassed himself and diminished his stature as an intellectual by publishing a scurrilous and defamatory post on his own blog site rather than manning-up and taking me on here, or at least showing a modicum of reasoning ability and constraint in his own pond. It was most excellent proof of the advanced state of my technique. Thanks PZ! :td:

Remember, I warned you, my job is to be the interlocutor, to cause you to react emotionally and then eventually to think hard. I'm gratified that you previously thought hard about this subject, but there's nothing wrong with doing it again, particularly since like allergy shots, bringing the subject up in a provocative manner allows you to learn to react rationally and thoughtfully to such provocations, rather than embarrassing yourself with a knee-jerk reaction. That's part of my lesson plan as well.

To quote Aristotle again, "it is the mark of an educated mind to be able to entertain a thought without accepting it." I agree with Aristotle, and so I have no boundaries when it comes to entertaining thoughts and debating them. I care nothing for your feelings, they are yours to control, I care only for the examination of the subject, of the path to enlightenment, wherever it may lead one.

But to be Aristotlean about it, one must learn to control one's thoughts and emotions so as never to become irrational and emotional. Again, Aristotle: "Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but we rather have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit." It's my habit to expose myself to provocations like PZ's quite deliberately, because it helps me to achieve excellence in self-control and rationality through an act of will.

I highly recommend the practice.

I do find your idea of opt-in fatherhood quite intriguing, though. There is actually something like that in the UK (or at least Scotland). If the father isn't present at the registration of the birth, he isn't a full legal parent in some (if not all) respects. I don't know the ins and outs of it, and the implications. I suppose it might work as an idea. I wouldn't take marriage as irrevokable consent for any future events that happen between the two parties, though...
The problem, as I see it, is that the Scottish methodology is more about denying the father full rights for failing to be present than it is permitting him escape from liability. I imagine, though I'm not familiar with Scottish law, that the father can still be held financially liable for child support, while being denied full parental access by the mother. That's not at all what I have in mind in this regard.

And just to address the other calumny involved, this discussion is specifically about the relationship between the parents, and how their power is divided, not about whether the child deserves to be supported. That's an entirely different debate.
There's still no ideal solution where the man wants a foetus that a woman doesn't. You simply cannot compel someone to remain physically attached, and physically constrained and put at risk by a foetus that they don't wish to support.
Why not? That's been the historic practice for most of human history.
And until ways are developed for foetuses to be removed from the female without significant harm done to either party (and I think the wellbeing of the mother should outweigh those of the foetus, particularly when sentience/personhood/pain perception are disputable), and the foetus brought to term independent of the mother - those are just the brakes…
I understand the "I want to be selfish and self-centered about it" argument, but what's the principled ethical argument that absolves the woman of all responsibility for accepting the consequences of her poor reproductive judgment by allowing abortion at will merely because she does not wish to be inconvenienced? Should we repeal gravity because a woman throws herself off a cliff without a parachute and then changes her mind half-way down?

This is about society refusing to facilitate bad behavior and bad judgment on the part of women who wish to engage in promiscuous sex without any regard for the consequences or the rights of others.

The simple fact is that when a child is created, even a potential child (if you insist), other legal, moral and ethical interests come into being at the same time, and those interests are due respect and consideration even if it discommodes the mother, because she is a willing party to the act and has consented to the risks, and therefore has forfeited her absolute right to control her body in whatever manner she chooses. That's the basis of this argument. I say it's bad public policy for society to recognize and support an unquestioned right to an abortion at will because it encourages sexual promiscuity and poor decision making, and that's bad for society as a whole. It harms the structure of society and of the family unit, which is an essential part of any successful culture. It violates the rights of fathers, and burdens them with guilt and anguish for a decision that they are denied any input or control over. It destroys human life without any examination of the justice or morality of the act by society on an individualized basis, and it frequently leads to more severe unintended physical and psychological consequences for the woman who has the abortion that are most often not revealed to her by those who are in the business of profiting from providing abortions. There are many, many women who come to regret their abortions, and no small number who suffer from long-term mental illness and disability, and they cost society a lot in both medical care and lost productivity, both of which are valid reasons for society to regulate abortion on demand.

One of the most heinous and reprehensible practices of Planned Parenthood and other abortion providers is the minimalization and outright denial of long-term physical and particularly psychological effects of having an abortion. The propaganda spewed by the pro-abortion lobby that abortion is harmless is criminal, as are the attempts to defeat or overturn any law that requires full disclosure to a woman seeking an abortion of the truths about the procedure and it's aftermath. Whether or not I'm willing to tolerate abortion in some circumstances, and I am, it's my firm position that deliberate propagandistic suppression of the full truths about the long term physical and psychological effects of abortion is utterly reprehensible, immoral, and beneath contempt. Were it up to me, I'd shut down Planned Parenthood under the RICO laws and toss every one of its abortion-related employees in jail for fraud, conspiracy, criminal negligence and violations of mandatory sexual abuse reporting laws.

Abortion is not as simple and harmless as it's often made out to be. It's a complex issue, and I'm exploring one aspect of it at the moment. There are other debates to be had as well, and I make no apology for egg-shoving.
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