Tag Archives: law

Irrational and/or Pathological

I don’t have time right now to answer in full Theomorph’s latest intellectual challenge, but I’ll take a moment to react to this:

Many people have argued that we make laws against acts like murder, theft, and assault because we have no choice if we want to maintain a stable society. We have even created psychological definitions of "normal" behavior that label as antisocial and mentally ill the people who are prone to these acts. Hence, while there may be some people who privately have no moral qualms with murder, theft, or assault, the rest of us have no problem with imposing our "morality" on them, because any arguments they might make in favor of their morality would be labeled as not just irrational, but pathological.

However, most people do not consider the desire to obtain an abortion as irrational or pathological. In fact, there are many rational arguments that favor the use of abortion. My personal favorite is that abortion provides a balance for women against the unfair advantage of men as regards the relationship between sex and reproduction. Men can always deposit their sperm and slink away, thus avoiding all responsibility and investment; women are stuck with the pregnancy and cannot slough the responsibility or investment in any way, except by getting an abortion.

Theo might be trying to be provocative again. If so, call me provoked. This viewpoint creeps me out and makes me shudder. Since when do two wrongs make a right? This kind of "feminism" really pisses me off. Women do not have to become men to gain equality! That is not real feminism. Real feminists seek to achieve equality (such as equal pay, equal respect, and equal rights) by embracing that which is feminine and challenging society to accept them without imposing androgyny.

If men are scum that sometimes plant seed and fail to care for what grows, we must try to stop that from happening. Whether it be by law or by education, we should seek to solve this problem, not encourage women to be just as selfish and inconsiderate. Besides, using abortion to level the playing field begs the question of whether abortion really benefits women. I’m sure Feminists for Life have a few things to say about that nonsense.

Do I think abortion is irrational? Yes. Its unsound judgment. Is it pathological? Yes. It’s a symptom of a diseased society. On a visceral level, irrespective of my faith, I am disgusted and frightened by the notion of a society that sees children as an unwanted responsibility or investment to slough off. If children outside the womb are treated as unwanted and sloughed off, the parents are charged with criminal neglect or worse, depending on the means. If medical professionals treat patients as unwanted, they’re in serious trouble, too. Yet babies in the womb can be discarded without consequence. Why is that? Well, another question is being begged here.

That question is whether or not a fetus may/must be considered person and thus deserving of protection. That is a philosophical and biological question that need not involve religion. Atheists are often quick to point out that ethics and morals need not be grounded in religion. Well, if that’s really what they believe then they shouldn’t be upset if some folks find abortion immoral and/or unethical based on logical, philosophical, and irreligious reasoning. Such reasoning exists and yet secularists still reject the pro-life movement off-hand, seemingly as though it were part of some conspiracy to construct a theocracy.

Finally, there are a lot of things that humans can be stuck with in the course of their lives. Some things can be avoided. Others can’t. Some may/should be avoided. Others shouldn’t. I have a great deal of sympathy for women who find themselves with an unwanted pregnancy. However, that unfortunate situation in and of itself does not secure them the right (since Theomorph objects to "giving" rights) to end a fetus’ life. That it is a life, there is no doubt. Is it a person? That’s a question that has yet to be answered satisfactorily and that supporters of abortion rights don’t seem to want answered. So long as it’s about a woman’s body, a woman’s rights, and a woman’s choice, pro-lifers look like a bunch of Puritans itching for a witch trial. I wonder how slave owners saw abolitionists.

Second Degree Murder

My wife, whose forensic science education included some law, pointed out major flaws in the first version of this post. It has been rewritten. – Funky]

187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician’s and surgeon’ s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

188. Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.

When it is shown that the killing resulted from the intentional doing of an act with express or implied malice as defined above, no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite such awareness is included within the definition of malice.

189. All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree.

Scott Peterson was found guilty of murdering his unborn son, Conner. At first, I thought this might have had the potential to give a big boost to the pro-life movement. Though not yet born, Conner was deemed to be a person. His life was ended in an unnatural way by another person. That unnatural cause of death was deemed to be murder. In the face of this verdict, how much longer can late-term abortions continue?

At least, that’s how my reasoning went. However, after looking at the California penal code, it’s clear that no personhood was necessarily attributed to Conner. Furthermore, the inconsistency of charging murder for the intentional death of one fetus and legally protecting the intentional death of another is mind-boggling.

Might Peterson try to appeal based on that inconsistency? Might he challenge the constitutionality of code 187 of the California penal code? If he appeals and wins, how far back might that set the pro-life movement? Even he doesn’t, how long can Laci’s Law withstand attacks on its constitutionality, considering how quickly the Partial-Birth Abortion Ban was struck down?

On a side note, I think the jury members failed to properly perform their duties in full. If Peterson is guilty of maliciously murdering his wife and was fully aware of her being very pregnant, how could the death of the child not be considered to have been brought about with malice aforethought? Conner was found outside of the womb. Either he died violently when Laci died, died from lack of “life support” after Laci’s death, or was born alive and died by exposure or drowning. It’s not like Scott tried in any way to save the child. He had to have known the child would die as the result of killing the mother. That’s wanton disregard, i.e malice aforethought.

Time to Deliver

Part of what got Bush elected was his pro-life stance. Now he has to deliver something to those who elected him and, more broadly, all those who hope to end abortion and prevent ESCR and cloning. Will he? Can he?

Pro-life leader questions Bush’s commitment to ending abortions
Pro-life group urges Bush to take immediate action against abortion
Senator Tells President Bush Not to Appoint Pro-Life Judges to Supreme Court
Key Senator Denies Warning Bush on Abortion Issue