The Argumentation of Legal Practice of Abortion

" For instance, a bring up whitethorn require that the abortion be performed in a hospital. However, beca aim of the 1980 Hyde Amendment prohibiting the use of federal funds for abortion turf out to save the mother's life, this crystallize of regulation washbowl amount to a ban if the hospital uses any federal funds. At the point of viability when the fetus can survive independent of the mother, about 24 weeks, a state can prohibit abortion in all cases except those in which it is necessary to preserve the life or wellness of the mother.

Despite these nationwide provisions, there remains a slap-up deal of variability in abortion laws from state to state. It is in the state legislatures, and sometimes in the courts, that the battles over abortion argon currently being fought. With this bi.t of legal background in mind, let us now turn our attention to the combatants themselves.

On the right, we cast off the "Right to life" faction which holds what we allow for call the butt one(a)d-down view of abortion. There are two main branches of the blimpish view: the theological and the secular. The most popular version of the fusty view currently seems to be the theological one, so we will address it first.

The theological argument rests on the expound that immortal exists, that human beings have souls, and that human beings acquire these souls at the morsel of conception. From these premises, the obvious conclusions are that a fertilized ovu

Jaffe, Frederick S., Lindheim, Barbara L., and Lee, Philip R. Abortion Politics: Private Morality and Public Policy. impertinently York: McGraw-Hill Book Company, 1984.

It is obvious, then, that if one is going to take the theological mercenary position that a fetus is a human being, that is, an ensoulled individual who is as morally epochal as adult, one essential definitely rule out abortion, even to save the mother's life, since the fetus will always be completely innocent and one does non generally forgive the killing of an innocent psyche to save another, perhaps not so innocent, person's life. Similarly, abortion for cases of violation or incest, or any lesser reason such as Gustafson condoned, would be quite out of the question.

If you would not condone killing a child just because it was the product of a sex crime or was unwanted, you cannot condone killing a fetus for these reasons if you hold the theological viewpoint.

Any variation of the theological conservative argument is impossible to logically refute because its premises are based on faith rather than rationality. by chance this is the secret of its widespread appeal. The most that one can do with this argument is to point out its contradictory consequences. For instance, most community holding this perspective would want to say that abortion is allowable to save the mother's life, that is, in "self defense." The problem with this conclusion is that it contradicts the premise that killing an innocent person is wrong. The fetus, or "unborn baby," is not voluntarily or knowingly endangering the mother - it is entirely innocent. Now, if the fetus has the akin moral status as a child, the same reasoning

This view has another rather bizarre consequence with compliments to contraception. The birth control pill and the condom would be acceptable, if anything would, since they stop fertilization of the ovum, and thus the creation of a morally significant human being. However, intrauterine devices (IUD's),
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