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ABORTION. ROE V. WADE UTILITARIAN DECISION: BALANCE OF MOTHER’S RIGHTS AND FETUS’ INTERESTS FIRST TRIMESTER –MOTHER’S RIGHTS ABSOLUTE --- RIGHT TO PRIVACY.

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Presentation on theme: "ABORTION. ROE V. WADE UTILITARIAN DECISION: BALANCE OF MOTHER’S RIGHTS AND FETUS’ INTERESTS FIRST TRIMESTER –MOTHER’S RIGHTS ABSOLUTE --- RIGHT TO PRIVACY."— Presentation transcript:

1 ABORTION

2 ROE V. WADE UTILITARIAN DECISION: BALANCE OF MOTHER’S RIGHTS AND FETUS’ INTERESTS FIRST TRIMESTER –MOTHER’S RIGHTS ABSOLUTE --- RIGHT TO PRIVACY --- 1,4,5,9,14 AMENDMENTS. MOTHER OVER FETUS MOTHER OVER STATE SECOND TRIMESTER –MOTHER’S RIGHTS VIRTUALLY ABSOLUTE MOTHER OVER FETUS (RIGHT TO PRIVACY) STATE’S INTEREST IN HEALTH OF MOTHER OUTWEIGHS MOTHER’S RIGHT TO UTILIZE UNSAFE FACILITIES THIRD TRIMESTER –MOTHER’S RIGHT TO HEALTH ABSOLUTE MOTHER OVER FETUS –STATE MAY TAKE INTEREST IN FETUS AS POTENTIAL CITIZEN AND CONFER RIGHTS ON THE FETUS

3 RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT I AMENDMENT I –CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGNING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

4 RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT IV AMENDMENT IV –THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SIEZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SIEZED.

5 RIGHT TO PRIVACY U.S CONSTITUTION: AMENDMENT V AMENDMENT V –NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT IN CASES ARISING IN THE LAND OR NAVAL FORCES, OR IN THE MILITIA, WHEN IN ACTUAL SERVICE IN TIME OF WAR OR PUBLIC DANGER; NOR SHALL ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARTY OF LIFE OR LIMB NOT SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION.

6 RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT IX AMENDMENT IX –THE ENUMERATION IN THE CONSTITUTION, OF CERTAIN RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE.

7 RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT XIV; SECTION 1 ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES, AND SUBJECT TO THE JURISDICTION THEREOF, ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. NO STATE SHAL MAKE OR ENFORCE ANY LAW WHICH ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES; NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.

8 PLANNED PARENTHOOD V. CASEY 1992 REAFFIRMATION OF ROE V. WADE REJECTION OF STRICT TRIMESTER APPROACH –EARLIER VIABILITY UNDUE BURDEN TEST –INFORMED CONSENT HOUR WAITING PERIOD [UPHELD] –PARENTAL NOTIFICATION FOR UNEMANCIPATED MINOR WITH JUDICIAL BYPASS [UPHELD] –NOTIFICATION OF SPOUSE [REJECTED] NO NOTIFICATION OF FATHER IF NOT HUSBAND

9 PLANNED PARENTHOOD V. CASEY 1992 “THESE MATTERS, INVOLVING THE MOST INTIMATE AND PERSONAL CHOICES A PERSON MAY MAKE IN A LIFETIME, CHOICES CENTRAL TO PERSONAL DIGNITY AND AUTONOMY, ARE CENTRAL TO THE LIBERTY PROTECTED BY THE 14TH AMENDMENT... AT THE HEART OF LIBERTY IS THE RIGHT TO DEFINE ONE’S CONCEPT OF EXISTENCE, OF MEANING, OF THE UNIVERSE, AND OF THE MYSTERY OF HUMAN EXISTENCE.”

10 PERSONHOOD AND ABORTION PERSON (METAPHYSICAL TERM) HUMAN (TAXONOMIC TERM) CONFUSION OF PRESENT PREDICATES WITH FUTURE PREDICATES FOUNDATION OF “PERSON” –DNA SEQUENCE –ABILITY TO EXPERIENCE PAIN –MANIFESTATION OF RATIONALITY POTENTIAL FOR RATIONALITY –MANIFESTATION OF AESTHETIC APPRECIATION POTENTIAL FOR AESTHETIC APPRECIATION –BEARERS OF RIGHTS

11 WARREN ON “PERSON” MEMBERSHIP IN MORAL COMMUNITY CHARACTERISTICS OF “PERSONS” –CONSCIOUSNESS (OF OBJECTS AND EVENTS EXTERNAL AND/OR INTERNAL TO THE BEING), AND IN PARTICULAR THE CAPACITY TO FEEL PAIN –REASONING (THE DEVELOPED CAPACITY TO SOLVE NEW AND RELATIVELY COMPLEX PROBLEMS) – SELF-MOTIVATED ACTIVITY (ACTIVITY WHICH IS RELATIVELY INDEPENDENT OF EITHER GENETIC OR DIRECT EXTERNAL CONTROL –THE CAPACITY TO COMMUNICATE BY WHATEVER MEANS, MESSAGES OF AN INDEFINITE VARIETY OF TYPES -- ON INDEFINITELY MANY POSSIBLE TOPICS –THE PRESENCE OF SELF-CONCETPS, AND SELF-AWARENESS EITHER INDIVIDUAL OR RACIAL, OR BOTH

12 ENGELHARDT ON “PERSONS” BEARERS OF DIGNITY –SANCTITY OF LIFE OBJECTS OF VALUE AMENDMENT: “PROTECTABLE HUMAN LIFE” STRICT SENSE --- PERSONS AS INDIVIDUAL BEARERS OF RIGHTS AND DUTIES SOCIAL SENSE --- HUMAN BIOLOGICAL LIFE FULFILLING A ROLE AND TREATED “AS IF” A PERSON

13 ENGELHARDT ON “PERSONS” WAYS OF TALKING ABOUT PERSONS PERSONS ARE ENDS IN THEMSELVES RATIONAL SELF-CONSCIOUS AGENTS –CAN EXPERIENCE THEMSELVES –CAN KNOW THAT THEY EXPERIENCE THEMSELVES –CAN DETERMINE AND CONTROL THE CIRCUMSTANCES OF THEIR EXPERIENCES PERSONS ACT RESPONSIBLY PERSONS CAN BE INSTRUCTED IN THEIR DUTIES PERSONS CAN BE BOUND TOGETHER WITH MUTUAL RESPECT FOR EACH OTHER’S AUTONOMY

14 BALANCE OF “RIGHTS” (AND INTERESTS) BEARERS OF DIGNITY VS. OBJECTS OF VALUE [PROTECTABLE HUMAN LIFE] PERSONS VS. PERSONS PERSONS VS. “POTENTIAL” PERSONS PERSONS VS. NON-PERSONS PERSONS VS. “NON-POTENTIAL PERSONS”

15 POSSIBLE REASONS FOR HAVING AN ABORTION MOTHER’S HEALTH RAPE INCEST UNWANTED PREGNANCY –AGE (ADOLESCENCE OR ADVANCED YEARS) –ECONOMIC –SOCIAL CONDITION –CAREER –CONVENIENCE GENETIC DISEASE SEX PREFERENCE

16 WAYS OF CLASSIFYING GENETIC DISEASE EARLY ONSET AND SEVERLY DEBILITATING –TAY SACHS OR ANENCEPHALY LATE ONSET AND SEVERLY DEBILITATIING WITH DECENT QUALITY OF LIFE BEFORE ONSET –MULTIPLE SCLEROSIS OR HUNTINGTON’S CHOREA EARLY ONSET AND DEGENERATIVE OVER A NUMBER OF YEARS BUT WITH DECENT QUALITY OF LIFE WITH PROPER MAINTENACE –CYSTIC FIBROSIS RELATIVELY LATE ONSET (SOMETIMES EVEN EARLY ONSET) AND MILDLY/MODERATELY/SEVERELY INCONVENIENT WITH PROPER MAINTENANCE –SOME FORMS OF DIABETES


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