[net.abortion] The existence of net.abortion proves abortion should be legal

brad@looking.UUCP (Brad Templeton) (08/25/84)

Now you'll note I didn't say it proves that abortion is good or bad,
simply that it should be legal.

The existence of net.abortion proves one thing.  That there is a large
controversy over the issue.  It shows there are two large camps on either
side, with some sitting in the middle.  It shows plainly that the issues
involved are intangible and highly subject to debate.

Now the maxim of a free society is to err on the side of freedom in a
situation can can't be clearly decided.  No matter how much one side may
claim it, the issue isn't "obvious."

Thus the law is not competent to judge on this issue.  Only individuals
are.   When there is no proof, it is not the province of the law to
interfere.  The maxim of the law is "innocent until proven guilty beyond
a reasonable doubt."

This rule requires the unanimous decision of 12 peers of the accused.
It's clear that this would normally never happen except in a clearly
biased jury.

So if you believe in the free society legal system, and the maxim stated
above, you must conclude that abortion should be legal.  You need not
state it is moral.  You may campaign with vigour against it.  You may
take steps to ensure public money is not used.  But you may not make
it illegal
-- 
	Brad Templeton - Waterloo, Ontario (519) 884-7473

pmd@cbscc.UUCP (Paul Dubuc) (08/27/84)

>(Brad Templeton)
>Now you'll note I didn't say it proves that abortion is good or bad,
>simply that it should be legal.

But are you then saying that the question of whether something is good
or bad is irrelevant to whether or not it should be legal?

>The existence of net.abortion proves one thing.  That there is a large
>controversy over the issue.  It shows there are two large camps on either
>side, with some sitting in the middle.  It shows plainly that the issues
>involved are intangible and highly subject to debate.

Are the issues really intangible?  I think they are so only to those
who want them to be.  Maybe the existence of net.abortion proves that
there are some to those people around too.

>Now the maxim of a free society is to err on the side of freedom in a
>situation can can't be clearly decided.  No matter how much one side may
>claim it, the issue isn't "obvious."

The assumption here is that both sides of the issue are clearly, and
without bias, presented to the public.  The issue certainly is not as
obvious as night and day.  But it doesn't follow that the issue cannot
be resolved or that the difficulty is inherent in the issue itself.

Whose freedom do we err on the side of?  The "reproductive freedom" of
certain men and women, or any freedom at all for the unborn?

>
>Thus the law is not competent to judge on this issue.  Only individuals
>are.   When there is no proof, it is not the province of the law to
>interfere.  The maxim of the law is "innocent until proven guilty beyond
>a reasonable doubt."

I disagree that there is no proof.  I think there is sufficient evidence
to consider the fetus a human being.  I would think that the burden of
proof to the contrary should rest on those who want to kill it as part
of their freedom of choice.  Something like "human until proven not
a human beyond a reasonable doubt".  Have abortion rights been won
on the basis of such proof?  I think not.  The court cases that struck
down abortion laws did not even consider the issue, only the rights of
the woman.

>
>This rule requires the unanimous decision of 12 peers of the accused.
>It's clear that this would normally never happen except in a clearly
>biased jury.

What do you mean by "normally never happen"?

>
>So if you believe in the free society legal system, and the maxim stated
>above, you must conclude that abortion should be legal.

I believe that freedom carries with it the responsibility to uphold 
the legitimate rights of others.  I don't think your conclusion follows
from your premises.

>You need not state it is moral.

So can we say it is immoral?

>You may campaign with vigour against it.  You may
>take steps to ensure public money is not used.

There are some who think that lack of government funds for abortion
inhibits the choice of poor women.  Although many of them are "personally
opposed" to abortion, they are publically in favor of all of us (even
others who are personally opposed) personally helping to pay
for abortions through our personal income taxes.  (Lot of "personal" stuff
there.)

>But you may not make it illegal

If someone thinks they have good reason for thinking that abortion is
the killing of humans who have a right to live, I wouldn't blame them in
the least for trying to make it illegal.  How can you?
-- 

Paul Dubuc 		{cbosgd,ihnp4}!cbscc!pmd

  The true light that enlightens every one was coming
  into the world...		(John 1:9)

simard@loral.UUCP (08/28/84)

>Now you'll note I didn't say it proves that abortion is good or bad,
>simply that it should be legal.
>
>The existence of net.abortion proves one thing.  That there is a large
>controversy over the issue.  It shows there are two large camps on either
>side, with some sitting in the middle.  It shows plainly that the issues
>involved are intangible and highly subject to debate.
>
>Now the maxim of a free society is to err on the side of freedom in a
>situation can can't be clearly decided.  No matter how much one side may
>claim it, the issue isn't "obvious."

If we were talking about something confined to adult human experience,
I might agree.  But to "err on the side of freedom" in this case is
to accept the notion of the freedom to live, to exist.  Such a position
precludes abortion.

It seems to me that the reason a person convicted of a crime and sentenced
to death is not led immediately from the courtroom to the execution
site (which would be least costly, not doubt) but instead usually
lanugishes on Death Row somewhere for a long time is the awesome burden
of assuring that the person is not the victim of a mistaken verdict.
Time is allowed for evidence of such to surface and be presented. Such
is the respect we, as a civilization, afford the idea of human life.
Charles Manson, and those of his followers still loyal to him, are
not particularly welcome in open society, and they have never contested
the accusations against them.  Yet they are still alive.  If we are willing
to extend the benefit of the doubt to such as they to preserve our ideal
of respecting life, why do we so casually deny the same "error on the side
of freedom" to the unborn, guilty of nothing but that of which we all
are: existing?



-- 
[     I am not a stranger, but a friend you haven't met yet     ]

Ray Simard
Loral Instrumentation, San Diego
{ucbvax, ittvax!dcdwest}!sdcsvax!sdccsu3!loral!simard

hawk@oliven.UUCP (Rick) (08/28/84)

Yeah, and the existence of net.women proves that discrinination against women
should be legal, and the need for the fourteenth and fifteenth ammendments
proves that racial discrimination should be legal, and the existence of
net.motss proves that discrimination against homosexuals should be legal,
and .  . . 

-- 
   rick                                     (Rick Hawkins @ Olivetti ATC)
[hplabs|zehntel|fortune|ios|tolerant|allegra|tymix]!oliveb!oliven!hawk

cher@ihuxi.UUCP (Mike Musing) (08/28/84)

No. There can be net.pot coexisting with laws against marijuana.
Something can be outlawed just on basis of the vague notion of
public interest.
This newsgroup's existence at best proves that there is a sizable
controversy.

                                 Mike Musing

 

ark@rabbit.UUCP (Andrew Koenig) (08/29/84)

Mike Musing says:  "There can be net.pot coexisting with laws
against marijuana."

He is right, of course, but that has no bearing on the title of
this article.  Just because marijuana is illegal doesn't mean
it should be.  If net.pot existed, it would indeed be a strong
argument that marijuana should be legal.

				--Andrew Koenig

PS: I do not want to get into the issue of whether or not
marijuana should be legal.  People who know my political
views can probably predict what I would say about it anyway.