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Talon-chan

PostPosted: Tue Dec 18, 2007 6:28 pm


How often do people come into the ADT and say "abortion is murder"? Almost every single day.

How often do pro-choice advocates respond with - "the law defines murder as the malicious, unlawful taking of life of a legal person. Abortion is not malicious* or illegal and a fetus is not a person, therefore abortion is not murder."


Unfortunately, this is not a good response.

First and foremost it is a fallacy. No pro-lifer in the ADT is unaware of the current state of the law. They are making an argument about moral equivalency, and each and every one of you know this. If any one of you sincerely thinks a pro-lifer saying, "abortion is murder" is attempting to make a statement of fact about the current legal system please speak up and prove me wrong. When you treat their argument as such you are building a strawman - you are making a weaker argument and knocking it down, avoiding their actual argument.

It is also a fallacy of appealing to authority - you are implying that "because the law says so, it must be acceptable." This is clearly not true since many heinous things in the past and present have been and are perfectly legal (where many innocuous things are illegal confused ).


The second problem is that you, yourselves, would never accept such an argument, so why think a pro-lifer will? In the horrible situation that one day abortion is made illegal in the US (where many of you live), how many would throw up your hands and say, "well the law says abortion is wrong, so it must be true!"? How many of you would be convinced that "well the law says abortion is wrong" is a reasonable response to "I believe a fetus imposes on a woman's bodily autonomy"?



The third problem is that this sort of argument has a negative impact on the pro-choice movement. First, it makes you, the pro-choicer, appear stupid - how dense does one have to be to think pro-lifers don't know the state of the law and are making anything other than an argument of moral equivalency? Second, it makes you appear heartless - you're apparently willing to follow any law just because it's the law no matter how negative its impact may be. Third it makes pro-choicers seem just as irrational as pro-lifers. "But the law says so," is the equivalent to "well the bible says so," and if that's the best you can do you won't convince anyone or worse you will make a pro-lifer more convicted in their own beliefs because "it's the law" is apparently the best you can do in response to "abortion is the moral equivalent of murder."



What are your thoughts about this argument? Feel free to completely disagree. I'd hate to have anyone think that because I am convicted in my views that I am not open to differring opinions.
PostPosted: Tue Dec 18, 2007 6:43 pm


It's far better to argue toward self defense than simply going to the legal definition. Arguing for self-defense allows you to draw actual parallels to where killing is allowed by the law, and thus bringing up that it would be hypocritical to illegalize abortion yet keep it legal to kill someone who is raping you because of this parallel. The law must be consistent, and any exceptions must be justifiable. Making an exception for abortion is in no way justifiable as it is allowing something or someone other than you to use your body without your consent, which is not allowed under any sense of legal code or morality, especially not under Article 3 of the Universal Declaration of Human Rights, which specifically grants the right to security of the person in international law.

It's not really that hard to draw the parallel. You could ask the person if they believe killing a rapist in self-defense is murder and shouldn't be allowed. If they say yes, they'd better have some damn good reasoning behind it. If they say no, then call consistency into question - what's the difference in terms of rights between being raped and being forced to carry to term and give birth? The situation is different, but the exact same violation of rights is being committed.

Lord Setar


Talon-chan

PostPosted: Tue Dec 18, 2007 7:00 pm


Lord Setar
It's far better to argue toward self defense than simply going to the legal definition. Arguing for self-defense allows you to draw actual parallels to where killing is allowed by the law, and thus bringing up that it would be hypocritical to illegalize abortion yet keep it legal to kill someone who is raping you because of this parallel. The law must be consistent, and any exceptions must be justifiable. Making an exception for abortion is in no way justifiable as it is allowing something or someone other than you to use your body without your consent, which is not allowed under any sense of legal code or morality, especially not under Article 3 of the Universal Declaration of Human Rights, which specifically grants the right to security of the person in international law.

It's not really that hard to draw the parallel. You could ask the person if they believe killing a rapist in self-defense is murder and shouldn't be allowed. If they say yes, they'd better have some damn good reasoning behind it. If they say no, then call consistency into question - what's the difference in terms of rights between being raped and being forced to carry to term and give birth? The situation is different, but the exact same violation of rights is being committed.
I agree.

It's when you acknowledge "this is what you believe, and this is why what you believe is inconsistent (either with itself or other beliefs you hold)" that we can change minds. If they don't currently think the law is correct, telling them about the law won't change minds. But if you appeal to the convictions they already hold (e.g. no person can use another's body without permission - hence even if it is a person as they maintain that isn't good enough) and sway them with that, eventually you can start arguing about the initial conception that is wrong (e.g. this is why a fetus is not a person). Baby steps people!
PostPosted: Tue Dec 18, 2007 8:49 pm


I see that argument as bring really weak because even though the law doesn't say abortion is murder, the laws can be changed! The laws change every day, all the pro-lifers need to do is petition Congress to pass a law that defines abortion as murder, which would instantly result in abortion being illegal.

Freedom Fire


PhaedraMcSpiffy

PostPosted: Wed Dec 19, 2007 9:45 am


Crap, you're right. But I find myself using this one all the time.

What alternatives do you suggest? How do we show them that their beliefs are inconsistent? How do we explain self-defense who someone who sees the fetus and pregnancy as harmless? How else do we counter it?
PostPosted: Wed Dec 19, 2007 9:57 am


I liken it to pulling the plug on someone in a persistent vegetative state. Technically, the family CAN decide for that person, even though they've already gained personhood, had experience living in the world, gained the so-called right to life, AND aren't infringing on anyone else's bodily domain.

Obviously, a human embryo doesn't have those rights, doesn't have those experiences, isn't sentient, can't feel pain, PLUS it IS infringing on someone else's bodily domain if that person doesn't want it to use her as life support.

The_Thread _Reaper


Lord Setar

PostPosted: Wed Dec 19, 2007 12:26 pm


PhaedraMcSpiffy
Crap, you're right. But I find myself using this one all the time.

What alternatives do you suggest? How do we show them that their beliefs are inconsistent? How do we explain self-defense who someone who sees the fetus and pregnancy as harmless? How else do we counter it?


Ask them what the difference is, in terms of rights, between abortion and killing a rapist in self-defense. Not in terms of situation - in terms of rights. Then we also have the Big List (risks and symptoms of pregnancy) for those who seriously think pregnancy is totally harmless. However, it should be enough of a fault to ask why you grant the right to a woman who is being raped, yet a woman who is being forced to have something literally feed off her and use her to dispose of its waste does not get this same right. Besides, all potential for the fetus could also apply to that person who tried to rape you and would have if you hadn't shot them.

Also, there was another post I remember making...was it deleted?
PostPosted: Wed Dec 19, 2007 2:08 pm


I think it'd be better to say that its legal to kill when someone or something is invading your body or home against your will, and feed into their false little delusions, their morals, and still have a legal defense. So then we have "morals" to say that its murder, but a legal defense that still backs it up.

We can also bring up the idea that mixing personal beliefs and politics is a bad idea, because it hurts people. In this case, it hurts women and children, physically and mentally for both. Bring up examples like the "moral" idea that black people are inferior, that hurt them like they're hurting women.

20 Shades of Crazy

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Streex

PostPosted: Wed Dec 19, 2007 2:28 pm


My question for them is to prove why their morals overrule mine? And if they used Biblical references, I remind them of the first amendment rights which includes the rights of Aethists and Agnostic not just those who have religion. Secondly, Code 1, section 8 states they are not a human being yet. Rights come to human beings, not humans.

I would ask them to prove that a fetus us worth more than the mother's life, health, and mentality. they have to logically prove this one without using anecdotes. Common response I get is "your need for the child should be higher than your needs". Instinct in the human body is still present (no matter how much people try to tell you human instict does not exist). That bond between the mother and child is not miracle but chemical. Many women naturally freak out if they become pregnant when they are not ready. They do not embrace that they must care for that child/fetus, they have needs to be met first before having that child/fetus or even any at all. The bond between mother and child is chemical and learned, and not everyone gets the same amount of chemicals released, if everyone did, I wouldn't need to be on bloody anti-depressents. In some cases instinct for survival overrules instinct for others. And in many cases instinct overrules reasoning.
20 Shades of Crazy
I think it'd be better to say that its legal to kill when someone or something is invading your body or home against your will, and feed into their false little delusions, their morals, and still have a legal defense. So then we have "morals" to say that its murder, but a legal defense that still backs it up.

It is currently legal to kill someone raping you, or within reason (rape, burglary, self defense, for killing your family). But I may remind you, this is a defense for abortion for medical reasons rather than personal reasons.
PostPosted: Wed Dec 19, 2007 5:35 pm


PhaedraMcSpiffy
Crap, you're right. But I find myself using this one all the time.

What alternatives do you suggest? How do we show them that their beliefs are inconsistent? How do we explain self-defense who someone who sees the fetus and pregnancy as harmless? How else do we counter it?


The biggest mistake pro-lifers make when they say "a fetus is a person" and "abortion is murder" is that they believe the argument goes like this:

1. A fetus has a right to life/is a person.
2. It is wrong to kill someone who has a right to life.
C. It is wrong to kill a fetus.

Clearly they will not surrender premise 1 (at least not at first), so the best course of action is to attack premise 2.


A quick way to get to them is to ask how they justify premise 2. If they say it is based on their own personal religion then you can try the whole "why should your morals take precidence over mine?" The problem I have with this is that it comes off similar to the "but the law says so so it must be true," when it is not done carefully. If you immediately dismiss them because, "your religion doesn't matter to me" and you hope to convince them that their religion shouldn't matter... you'll need to justify why they should do it your way instead ( I find "how would you feel if you were forced to bow to mecca every day?" tends to get the point across well with some of the more Christian folk. You could take the gentler "how would you feel if bacon and cheeseburgers were forbidden because Jewish people cannot eat them?").


Another way to attack permise 2 is to ask them questions about their intuitions on OTHER instances of personhood and when it is acceptable to kill a human being.



These questions address: Are women obligated to fetuses?

Right now a child is dying for want of a kidney in California. Should you, or any woman, be obligated to give it one of yours? [Are you ever obligated to save the life of another by giving them your body, just because they need it to live?]

What if you are the only person in the entire world with that child's blood type? [same as above, but where your choice to say no is a death sentance for the child]

Do you believe a woman should be legally obligated to go under surgery and give a kidney/lung to her own child? [same concept as the previous two, but this one addresses parental obligation - how much do you owe your child?]

What if her child needed a heart, and she was the only person in the world with the same blood type? [this addresses if a woman should be required to give birth even if she will die - something very few pro-lifers advocate, but some do]


These questions address: When may we kill a person with a right to life?

Do you believe Euthanasia of those who are completely brain-dead is acceptable? [When is it acceptable to kill a person - in this case this person is not harmed by death (arguably)... aslo it addresses when you may kill a person who has done nothing wrong]

Do you believe women are allowed to kill a rapist in self defense? [Can you kill a person in self defense?]

What if this rapist is mentally disabled and has no idea what he is doing and has no ill will towards her? [Can you kill a person in self defense even if they mean you no harm?]


Surely there are other ways to attack the notion that a right to life can never be challenged. Those are a few that come to mind at the moment.




On Premise 1

You can try to attack premise 1, but it is far more difficult. You have to ask them questions about what makes something a person (unique genetics - well what about twins? Alive/potential - well what about eggs/sperm? etc) or what gives something a right to life (because you can feel? because you want it? what is a right? Where do rights come from?).

Odds are your typical 13-25 year old gaian will not be willing or able to come up with answers to these questions... and if they did... odds are you wouldn't be able to build much from it anyway. Answering questions about the origin of rights and personhood pretty much requires building an entire philosophy/ethical theory from scratch. It takes most people years or even an entire lifetime to do this (except Hume who had his entire philosophy down by age 17 and only waited until he was older to publish gonk makes you feel real accomplished, doesn't it? sweatdrop )... I wouldn't try it, and I'd suggest you not try it either unless the pro-lifer you're going at it with is really smart, in which case they would not have made the argument "but abortion is murder" in the first place (or, arguably, be pro-life wink ) sweatdrop

Talon-chan


crystal_pepzi

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PostPosted: Wed Dec 19, 2007 6:22 pm


Streex
My question for them is to prove why their morals overrule mine? And if they used Biblical references, I remind them of the first amendment rights which includes the rights of Aethists and Agnostic not just those who have religion. Secondly, Code 1, section 8 states they are not a human being yet. Rights come to human beings, not humans.

I would ask them to prove that a fetus us worth more than the mother's life, health, and mentality. they have to logically prove this one without using anecdotes. Common response I get is "your need for the child should be higher than your needs". Instinct in the human body is still present (no matter how much people try to tell you human instict does not exist). That bond between the mother and child is not miracle but chemical. Many women naturally freak out if they become pregnant when they are not ready. They do not embrace that they must care for that child/fetus, they have needs to be met first before having that child/fetus or even any at all. The bond between mother and child is chemical and learned, and not everyone gets the same amount of chemicals released, if everyone did, I wouldn't need to be on bloody anti-depressents. In some cases instinct for survival overrules instinct for others. And in many cases instinct overrules reasoning.
20 Shades of Crazy
I think it'd be better to say that its legal to kill when someone or something is invading your body or home against your will, and feed into their false little delusions, their morals, and still have a legal defense. So then we have "morals" to say that its murder, but a legal defense that still backs it up.

It is currently legal to kill someone raping you, or within reason (rape, burglary, self defense, for killing your family). But I may remind you, this is a defense for abortion for medical reasons rather than personal reasons.


I just thought I should bring up that if a person mentions that abortion is against god's will, or uses Christianity as an excuse, that there are no passages in the bible that claim abortion is wrong. In fact the only verse that comes near to talking about abortion is Exodus 21:22- 25

Quote:
If men strive, and hurt a woman with child, so that she has a miscarriage, yet there is no further injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23 But if there is any further injury, then you shall appoint as a penalty life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise." Ex. 21:22-25, The New American Standard Bible


In this verse we see that if the pregnant woman is killed god commands that the killers life be given in return but if the fetus is killed (forced miscarriage: The closest that the bible ever comes to talking about abortion) they only ask for a fine to be paid. Proof that the christian god does not consider a fetus to be the equal of it's mother.

Anyways, time to get back on topic.

I've used the legal definition of murder before, sometimes to annoy people I know aren't going to listen anyways (Yeah, I know it's immature.) but most of the time I use it when discussing the legal side of abortion.
So I think it has it's place but I agree that it isn't going to change anyones opinions on the matter.
PostPosted: Thu Dec 20, 2007 3:09 am


Streex
Secondly, Code 1, section 8 states they are not a human being yet. Rights come to human beings, not humans.
This is exactly what the first post is trying to say is a logical fallacy.


First, if a pro-lifer says a fetus is a person, they are not making an argument about the current state of the law (because clearly it is their intent to change the law) - by pretending "fetuses are people too!" is actually "according to the law fetuses are people so abortion should be outlawed!" is a strawman.

Second it is an appeal to authority, "the law says it so it must be right."

Third, you would not accept this argument yourself if abortion were outlawed (that is, "the law says women do not have a right to bodily autonomy therefore it's true.")

Fourth, as others have pointed out (and similar to the second point), the law is changing, always. There was a time when the only humans who were legal persons were men who owned property (Greece), white men who owned property (the US), White people (again, the US), and today the born (again, the US). The law can be and has been wrong about personhood before - if pro-lifers think it is wrong yet again, you'll need to address that point. Regurgitating the very law they say they disagree with won't do that.

Talon-chan


Peppermint Schnapps

PostPosted: Thu Dec 20, 2007 9:10 am


i think i used that "argument" once when i was new to the whole debating thing, but nowadays i argue BD if a pro-lifer says "abortion is murder!!!11one!". usually they say something to the effect of "oh, so it's okay to kill a 5 year old sleeping on your couch just because he broke into your house". i don't think most of them grasp the concept of bodily domain very well and it's REALLY annoying saying the same thing 15 times. that explains why i don't debate much anymore...
PostPosted: Thu Dec 20, 2007 10:13 am


Peppermint Schnapps
i think i used that "argument" once when i was new to the whole debating thing, but nowadays i argue BD if a pro-lifer says "abortion is murder!!!11one!". usually they say something to the effect of "oh, so it's okay to kill a 5 year old sleeping on your couch just because he broke into your house". i don't think most of them grasp the concept of bodily domain very well and it's REALLY annoying saying the same thing 15 times. that explains why i don't debate much anymore...
I do not know how true this is, but it is something I've heard before (and I would need to research it to be sure it is correct)....

...but a typical person does not become fully equipped to handle abstract though necessary for this type of deep discussion (that is, to be able to understand the complexities of it), until you are 20-25 years old when the brain is fully matured (although it never stops developing). I know there are many very precocious people out there (I am certain at age 13, 15, 18, 19 a great many of you and others can clearly understand some of the most complex arguments - but you must admit, there are plenty of idiots out there that clearly do lack this sort of maturity).

I believe what you've cited above is indicative of this. If I say "no born person may infringe upon the body of another born person, and where the infraction is grievous enough lethal self-defense is acceptable... so why are the unborn different?" and someone responds with "but you can't kill a kid who is sitting on your couch," clearly something was not understood.

Talon-chan


Freedom Fire

PostPosted: Thu Dec 20, 2007 12:42 pm


crystal_pepzi
Quote:
If men strive, and hurt a woman with child, so that she has a miscarriage, yet there is no further injury, he shall surely be fined as the woman’s husband may demand of him, and he shall pay as the judges decide. 23 But if there is any further injury, then you shall appoint as a penalty life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, bruise for bruise." Ex. 21:22-25, The New American Standard Bible


In this verse we see that if the pregnant woman is killed god commands that the killers life be given in return but if the fetus is killed (forced miscarriage: The closest that the bible ever comes to talking about abortion) they only ask for a fine to be paid. Proof that the christian god does not consider a fetus to be the equal of it's mother.


AHA! If that's the closest the Bible comes to abortion, the Bible doesn't condemn abortion at all. It condemns forced miscarriages, and killing the fetus inside a woman without her consent is very different from abortion.

An abortion is done with the woman's consent, and is an exercise of her right to bodily domain. This is not what the Bible condemns, or even mentions.

A forces miscarriage is done without the woman's consent, and is therefore a violation of her bodily domain. If it was considered murder, the Bible would declare death as the appropriate penalty. A fine indicates that it's wrong, it's not murder but rather a wrong done to a fellow human being which violates her rights.
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