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Murray Rothbard on abortion

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vikingvista,

I can relate to what you’ve said.
My point has been that rights are not dissociated things from values.

Values are distilled by tradition. Throughout history, many system of values were adopted, and only a few of those values persisted.

We cannot know what values we are going to spouse in the future. That’s subject to speculation, and cannot orient any sort of present day judgment. Judging by futurist values is the essence of the progressive mindset. Since they believe the future society will share values that will justify their actions in the present, they basically have a free-pass to do whatever they want and disregard whatever is commonly thought as just.

Their conceit is such that they think they can, through reason, inspect the very essence of reality and come up with a set of principles that is perfectly just. Because they’ve “seen the future”, or the projections they’ve unfolded for a future.

I see the same conceit in the natural rights folks.

We cannot operate through reason to set up perfect rights. What we can is observe what values have survived, and what understanding they allow for.

I say that our justice system is based upon values, and it could not be otherwise.

And a value that is nurtured by our civilization and has been essential to its survival is the sanctification of human life and the affectation of common-sense responsibility over it.

It doesn’t matter where a fetus or a comatose person stands in the bullsh*t scale of consciousness that we want to use to gauge personhood.

What matters is that we do not have the right to desecrate them.

Of course, for an adult in deep coma, if nobody is presumably responsible for putting her on such condition, or for taking care of her while she is, and if nobody wants to assume such responsibility, than we have nobody to blame if she dies.

The same is not valid when we think of a baby, whom responsible agents are easily identified.

The Monet painting case.
Of course the deliberate destruction of the oeuvre by its owner to get insurance money would be a fraud.

But I understand what your point here.

What I say is that if the civilized values are such that people can go through the ordeal of passing law restricting what owners of “important works” can do to their possessions, we would have a lawful prosecution of someone who vandalizes his own property.

It would be understood that even though the owner has some priority rights over the art object, it has not full absolute rights to act in any way he decides. For instance, he cannot destroy it without facing courts.

A similar understanding is applied when it comes to animal rights. Owners of pets are not allowed to engage in abuse or cruelty towards their animals.

Or even in parenting. Parents are not usually called “proprietors” of their children, but they can be understood as such. But such propriety is only partial, since parents cannot act the way they want regarding their children.
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Hashem,

"You guys are muddying the issue when you keep accidentally calling the fetus a baby. Anti-abortionists always do this, they are scared to death of anyone considering the fetus as a fetus and not a baby. The baby is the born, non-fetus, ex-fetus. Usually at this point the umbilical cord is cut and the baby becomes an individual."

 

It is not because things have different names in a distinct context that they will have to be considered differently in another one.

For many practical purposes it may be relevant to establish the distinction between babies and fetuses, and call each other by distinct names.

As there are some contexts where it is relevant to establish distinction between european-american and african-american people.

But for legal considerations, such distinctions are not relevant.

Babies and fetuses are both human beings before acquiring cognitive maturity and moral faculties, and what we are discussing is what is the duty of their parents regarding their well-being.

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hashem replied on Sun, Jan 29 2012 4:53 PM

If we are talking about a fetus, we should call it a fetus. It's not a cute cuddly unicorn, and its not a baby.

Anti-abortionists call the fetus a baby, because in our minds we picture a cute pudgy baby playing with toys, eating, pooping, sleeping, and crying.

Call it a fetus and you begin to see it for what it is. Like calling tax theft. You begint o think about the actual thing actually in the mother's womb, connected by an umbilical cord and depending for its every breath on the continued support of the mothers faculties.

That is not a baby. That is a fetus.

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Well, the same could be said of abortionists calling unborn children fetuses just to dehumanize them.

Since it is easier to kill what we cannot picture as having a face, or eyes, or fingers.

But I liked your post, because it recognizes that the fact that our somewhat irrational or aesthetical feelings are powerful deterrents when it comes to slay babies.

It is not this whole jibber jabber about argumentation capabilities. This is an ex-post tentative to come up with a notional principle that nobody really uses matter of factly when deciding moral issues.

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hashem replied on Sun, Jan 29 2012 7:49 PM

That's like talking about water, but calling it steam because you expect it to become steam. No. Water is water, a fetus is a fetus.

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Malachi replied on Sun, Jan 29 2012 8:14 PM
Bad analogy. Steam is water.
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A newborn human baby is no more a self-owner than a newborn baby animal, by any outwardly observable objective standard. As you say, it is also demonstrably incapable of rights. It therefore becomes the natural (conflict-free) property, by original appropriation, of the mother. If abandoned, it becomes the property of whomever first claims it. If you come to kill a baby, this will become readily apparent, as you will first have to initiate conflict against the mother. Self ownership is something the baby is expected to gradually express over time as it matures.

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The fetus or newborn baby human or baby anything is naturally, physically, and demonstrably incapable of being anything but property, either claimed or unclaimed. This is as much a plain fact as is the fact that people have tremendous values for human babies, even those not their own. Values stir passions, natural rights are mundane. Values are not rights.

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First, you are confusing the meanings of 'natural rights' and 'values', then 'natural rights' and 'legal rights', and finally 'legislation' with the logical justifications for 'legislation'. Starting with the latter, we can exclude any reference to legislation, government laws, human-decreed rules, etc. because those are all derivative and wholly dependent upon what we are discussing. That is, we are discussing their reasons and justifications.

When I write of 'values', I mean it in the most general sense, completely independent of any particular values. I mean it in the economic sense. Values are the entirely subjective rankings of a particular individual's priorities. So when you write of changing values or norms, you are missing my point.

Natural rights, like natural laws, are strictly limited to the objective observable and logically deducible realm. There can be no subjective valuation in them, or you've left the domain of natural rights and entered the disjoint domain of values. Some of the wholly objective truths from which we deduce natural rights, are the objective truths that values exist, values are subjective, and values are the motivation for discovering, understanding, and teaching objective natural rights. Because of this relationship, and because people's emotions cloud their thinking, people frequently erroneously conflate these two disjoint concepts of natural rights and values. It is like conflating a hammer with a nail because of one's passion for plywood.

 

 

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Burning the Monet is not fraud, even though it is against my values for the painting. The fraud comes later, when filing a claim, and was included in my example only to give a realistic motivation for destroying the painting. Destruction of one's own property does not initiate violence against another rights-capable entity. The values those entities hold may prompt them, e.g. art lovers, to initiate violence against the property owner.

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“That's like talking about water, but calling it steam because you expect it to become steam. No. Water is water, a fetus is a fetus.”

Words are not absolutes, they are contextual.

It is very easy to say in an internet forum that a fetus is a fetus, when it is only cheap talk.
When our goal is to look intellectually consistent.

Go tell your pregnant wife that her baby is not actually a baby. That it is scientifically more accurate to call it a fetal parasite sucking on her vital fluids. Just do it, man.
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A newborn human baby is no more a self-owner than a newborn baby animal, by any outwardly observable objective standard. As you say, it is also demonstrably incapable of rights. It therefore becomes the natural (conflict-free) property, by original appropriation, of the mother. If abandoned, it becomes the property of whomever first claims it. If you come to kill a baby, this will become readily apparent, as you will first have to initiate conflict against the mother. Self ownership is something the baby is expected to gradually express over time as it matures.
[...]
[Y]ou are confusing the meanings of 'natural rights' and 'values', then 'natural rights' and 'legal rights', and finally 'legislation' with the logical justifications for 'legislation'. Starting with the latter, we can exclude any reference to legislation, government laws, human-decreed rules, etc. because those are all derivative and wholly dependent upon what we are discussing. That is, we are discussing their reasons and justifications.


Lets translate that to a no-nonsense talk, after all, I’m just an everyday d*mbass and I need to clarify if I’m correctly assessing what you guys are really talking about.

Say you’re walking down the street, minding your own business. So you check out this woman, she’s standing by what seems to be a baby stroller. She has a gasoline gallon on her hand, and she appears to be pouring some gasoline on the baby. And then she strikes a match. And you go and say “hey, what the hell you think you’re doing?” As she replies “whatever, moron! she’s my property and i can set her on fire whenever I want!”. Then what you’re saying is that you’re going to say “oh, excuse me lady, I didn’t mean to be rude, just checking... but carry on...” and you keep on walking your way and not caring at all when the air start smelling like baby barbecue. After all, you’re not supposed to take any ethical decision there.

Correct me if I said anything wrong here, but that’s precisely what your ethics says is right. If it is not, would you please point out where it breaks down so we can move on from there.

I’m always appalled by the extents some people go in order to defend their positions on Internet forums.

But I doubt that you would act that way. I doubt it kind of a lot. But who knows, maybe you would.
In any case, that’s precisely what most people would NOT do.

Our gut level reaction is to stop that from happening, even resorting to physical violence when necessary. And we instinctively know that no court in the world would disagree with that.

It’s not something we stop and consider the clear-cut principles for justified action based upon the theory of whatever libertarianism philosopher.

Our understanding of ethics is gained through experience and tradition, and its gradually distilled through the experiences we may live and be thought about.
It is not a pure mathematical abstraction derived from fundamental axioms revealed to some luminary mind.

Indeed, we can try to isolate abstract principles that somehow capture a fragment of the way we act, but we cannot do that perfectly. And those principles should be tailored by the decisions we actually make in the real world, and not the other way around.

The non-aggression axiom and its derivatives are a somewhat interesting approximation of some ethical distinctions we may have developed along History, but they are not the ultimate description of how people think, or worse, of how people “should think”. What the hell is that anyway?

So what if people generally agree that aggression should not be initiated? If it needs to be initiated to stop a mom from burning her daughter a live, there’s no Rothbardian analysis that will convince anyone here.

The same holds true to egalitarian ethics. It is not necessarily unethical to believe that a more uniform wealth distribution is something better or to look forward to. Not even to defend a social justice mechanism that seizes people properties in order to procure such goals.

What needs to be clarified though is that this is not economically doable.

That even if in principle it is a nice thing to force rich to help the poor - and I’m not saying it is, but just that it is not wrong to have such values - when redistribution of wealth is done by a central authority to whom certain powers are granted, we generally march to an authoritarian regime and we end up destroying all the wealth and liberties.

Since most liberal people that believe in egalitarianism also think that wealth and liberties are very important, what is more effective is to convince them not their vision of justice or values is ethically wrong, but to show that the means they traditionally think should be used to achieve such goals are actually working against them.

This may look as something of a digression, but I think it is a valid point here since we are discussing the implications of this natural rights fundamentalism in the application of ethics to real world matters.

I see this natural rights fundamentalism emerging as an apparent solution to ethical arguments raised by socialists. Socialists usually try to show that people are ethically inclined to accept socialist principles. So some guys that do not like socialism decided to revamp the whole understanding of ethics with their methodologically sound theory in order to create a framework that is more adapted to their free market preferences.

But it is not necessary, and as we’ve seen here, its implications are kinda absurd.

The socialism should be dealt with using economics arguments, not trying to prove that militant empathy for other people is evil, because that’s how real people act in the real world.

You do not need to go through all this mess of trying to redefine a moral agent and all human ethics in order to consistently argue against socialists.
It is a disservice. In the end of the day, it serves only to frame libertarians as a fringe group of people defending a totally selfish attitude towards justice.

As a final remark, I am deeply satisfied that you brought up this “legislation” vs “logical justifications for legislation” argument, because it is exactly what I’m doing here, showing that there is no such clear distinction.

Our understanding of the law is incremental, based upon experience and tradition.
It is not some top-down theory. There is no fundamentalist argument for ethics, what we have is custom, and perhaps some abstract approximations of how those customs seem to evolve. To attempt to understand moral issues outside the context of our values is an intellectually moot point. It leads to absurd claims such as “a baby is not a self-owner therefore it is owned by her mother or first claimer therefore her mother or first claimer can set her on fire.”

Perfectly logical within an ethical framework that nobody cares about.
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MaikU replied on Mon, Jan 30 2012 10:19 AM

Malachi:
Bad analogy. Steam is water.

 

go back to first grade. Trolling after troling and you lost all credibility in this debate.

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(english is not my native language, sorry for grammar.)

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You insist on conflating the issues. Since, in your scenario, the only two entities that exist that have the capacity for natural rights and self ownership are me and the mother, then IF we both share in common the value of the baby's demise, then, as a matter of fact, the baby will die. This is the values-free prediction from natural rights that we can make. Natural rights are as objective and passionless as gravity. 

Values, which you seem incapable of distinguishing, are something different. Not less, or disdainful, or avoidable, or unimportant, or irrelevant, but clearly different.

So, if on the other hand, me and the mother do not share that value--if I value the welfare of the baby--THEN rights come into play as a possible mechanism of conflict resolution. I have the capacity to choose, unlike the baby, to disregard rights and violently act against the mother in defense of my values, or to employ rights in a way to persuade her to behave more favorably to my values--e.g. threaten ostracism, offer to take or buy the child, or execute any existing contractual options.

You claim in your last post (but not earlier one's) to have no regard for a rational logical elucidation of these issues on this forum--far away from the heat of such a far fetched scenario--but your words contradict your actions. You act, in this forum with the intent to persuade, while simultaneously openly dismissing the tools of rational persuasion.You do so, I believe, because the emotions of your values for human life dominate your emotions for gaining a coherent grasp of reality. 

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MaikU:

Malachi:
Bad analogy. Steam is water.

 

go back to first grade. Trolling after troling and you lost all credibility in this debate.

Actually, he's completely correct.  I assume the poster who brought up the comparison meant to say water vapor which is the gasoeus form of water and completely invisible, and compare it to the liquid form, which is commonly called simply water.  However, steam is not gaseous at all, but rather it is many many droplets of liquid water.


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MaikU replied on Mon, Jan 30 2012 7:22 PM

There is a reason we call a steam a steam, and water water. I completely understand, that steam consists of water molecules etc., but that's a discussion about definitions, not physics. And the whole point I am still trying to make some people understand here is that it is very easy to redefine something and make it look like the argument is won. And I am not even talking about emotional manipulation being used like someone mentioned (calling a fetus a baby makes people feel sorry for the creature and support ant-abortion stance).

So to repeat myself, if malachi want to claim, that an acorn is the same as an oak, so be it. But I will not stop pointing out this error, because other people, who are not engaging in a discussion still read this and my goal is convincing them, not malachi (whose erroneous thinking I can not change)

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MaikU:
So to repeat myself, if malachi want to claim, that an acorn is the same as an oak, so be it. But I will not stop pointing out this error, because other people, who are not engaging in a discussion still read this and my goal is convincing them, not malachi (whose erroneous thinking I can not change)
Now that you have cleared that point up, can we deal with the real issue?  The issue is NOT whether an acorn is the same as an oak NOR is it whether an unborn child is the same as an adult. 

The real issue is whether it is morally correct to have an abortion regardless of what words you prefer to use to describe whatever it is that you are aborting.  If you want to call it a fetus, so be it.  If you want to call it an entity-unworthy-of-human-rights, so be it.   Either way, make a libertarian argument that does not hinge on arbitrary definitions. 

I can do it.  If you want an abortion, pay for it yourself and do not force anybody else to pay for it.  Paying for it includes your own self-defense from crazy wackos, by the way.  Nobody should be required to defend your abortion business.   If people want abortion, the market will demonstrate that. 

Before calling yourself a libertarian or an anarchist, read this.  
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Malachi replied on Mon, Jan 30 2012 7:38 PM
I just want to address the meaning here, and not the symbol. In my opinion, unique human dna and brain function are the main factors here. There is a reason a legally murderable human being is called a "fetus" and not a baby, and there is a reason it is really easy to get a state-approved physician to perform surgery and not nearly so easy to buy some miscarriage tea.

so basically, you are right when you say "it is very easy to redefine something and make it look like the argument is won." stop trying to do that. Abortion, in most cases, isnt a crime under libertarian law, since the victim never had an opportunity to seek legal standing. So concentrate on what you really want, which is a free society, and stop trying to dehumanize tiny human beings so you can have guilt-free sex and enjoy supporting state medicine.

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Malachi replied on Mon, Jan 30 2012 7:43 PM
MaikU:

Malachi:
Bad analogy. Steam is water.

 

go back to first grade. Trolling after troling and you lost all credibility in this debate.

Just saw this. I like you, Maiku, dont make this personal. I like these forums, we should be able to discuss these issues without animosity. Steam is water. Thats not trolling or deception or anything. Fetuses are also humans. Tiny little humans, with their own little organ systems and their own dna. Do they teach that in first grade?
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hashem replied on Tue, Jan 31 2012 12:33 AM

I'll admit I was thinking of water vapor or whatever, and said steam. My point isn't what we label it, my point was that they are obviously distinct things with distinct properties, despite their similarities.

Now that we're technical: You don't abort a baby. You abort a fetus.

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You insist on conflating the issues. Since, in your scenario, the only two entities that exist that have the capacity for natural rights and self ownership are me and the mother, then IF we both share in common the value of the baby's demise, then, as a matter of fact, the baby will die. This is the values-free prediction from natural rights that we can make. Natural rights are as objective and passionless as gravity.
Values, which you seem incapable of distinguishing, are something different. Not less, or disdainful, or avoidable, or unimportant, or irrelevant, but clearly different.
So, if on the other hand, me and the mother do not share that value--if I value the welfare of the baby--THEN rights come into play as a possible mechanism of conflict resolution. I have the capacity to choose, unlike the baby, to disregard rights and violently act against the mother in defense of my values, or to employ rights in a way to persuade her to behave more favorably to my values--e.g. threaten ostracism, offer to take or buy the child, or execute any existing contractual options.


Then again, you are agreeing with me that the real game changers here are the values commonly upheld, and not these so called absolute natural rights.

Because even to consider an action within any framework of rights, one needs to acquiesce those rights firsts, by holding the justice system that imposes them as a value to be preserved.

So values are at the base of real world decisions. You cannot disavow that.

You can then comeback and argue that people would tend to value a fundamentalist natural rights framework for a justice system, based upon clear-cut definition of moral actors, and where nobody can intervene with violence when children are being abused by their parents.
But that’s only your speculation about the evolution of our beliefs and moral sentiments. It’s not a logical conclusion of any sort.

And it is in total disagreement with the values revealed by real flesh and bone people when they act and judge others actions.
They may one day come to the beilef that only a fundamentalist natural rights framework for a justice system is acceptable, but that’s not a foregone conclusion. It’s rather a pathetic prophecy and no amount of semantic arm-waving can transform that into a logical conclusion.

What we know for a fact is that real world justice systems accept a degree of interpretation and are based upon common-sense values, and that most real world modern justice systems would not punish someone for using violence when stopping qualified child abuse by a parent.

You claim in your last post (but not earlier one's) to have no regard for a rational logical elucidation of these issues on this forum--far away from the heat of such a far fetched scenario--but your words contradict your actions. You act, in this forum with the intent to persuade, while simultaneously openly dismissing the tools of rational persuasion.You do so, I believe, because the emotions of your values for human life dominate your emotions for gaining a coherent grasp of reality.

Now you are creating a straw man.
What I said is that you cannot establish any statement about the world on pure logics and axioms. The world is a sensorial experience, which in part is not subject to rational construction.

But any abstract argument trying to advance a theory about how the world works can be analysed rationally or logically, by deducing its consequences and comparing to the world as we experience it.

My “far fetched scenario” for instance is a rational tool for isolating the deficiencies of your proposal, by making them more apparent and tractable in a conceivable, if otherwise unlikely, situation. Of course mothers have in general the best interest of their offspring in mind and I would tend to side with them in any conflict involving the welfare of those kids; but there are conceivable situations where mothers act to the detriment of their human dignity, and where a decision to stop them can be justified, provided enough evidence that the case was such.

What I’m showing is that those attempts to a foundational treatment for natural rights, disregarding commonly accepted values and tradition, are a conceptual fraud. Nobody thinks like that. It is just an argumentational ploy and it is weak.
It is something that grows out of the same dellusion of moral design and perfect rationality that has brought to life the various forms of socialism and scientific dictatorships. All part of the persistent revolt of the mind against reason itself and of the various attempts to abolish Man.

I’m not denying reason and its tools, but I’m denouncing the abuse of it. Our general understanding is for the most part not the product of reason, but of experience, itself direct or indirect and learned from tradition. Reason is a tool to shape and enhance understanding, not to build it ex nihilo.

And thats because any coherent statement about the world needs to be grounded, ultimately, in certain beliefs and values that are not proven logically nor are “self-evident”, whatever that means.
For example, you need to accept the existence of an underlying reality and trust that your sensorial experience is an approximate description of that. You accept that you have a consciousness and values and that your actions steem from those. You assume the same for other people as well. Those are all prerrogatives of reason. Without them, no rational process is justifiable. And they are all beyond the scope of reason.
 
But go try to prove all that, my friend.
 
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"You abort a fetus."

Nope. Fetus is the name of living creature in a given stage of its development. Like child, adult, etc.

You can't abort a stage. You abort a process.

In that case the process aborted, a priori, is the pregnancy of the mother.

And a fortiori, the life of the human being carried by the pregnant woman is also aborted, since the former process depends on the pregnancy process not being aborted.

A consequential action that induces the abortion of the life process of another human being can also be called killing, and usually is.

And a consequential and unjustifiable action that induces the abortion of the life process of another human being can also be called murder, and used to be more often.

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MaikU replied on Tue, Jan 31 2012 2:34 PM

Charles Anthony:

MaikU:
So to repeat myself, if malachi want to claim, that an acorn is the same as an oak, so be it. But I will not stop pointing out this error, because other people, who are not engaging in a discussion still read this and my goal is convincing them, not malachi (whose erroneous thinking I can not change)
Now that you have cleared that point up, can we deal with the real issue?  The issue is NOT whether an acorn is the same as an oak NOR is it whether an unborn child is the same as an adult. 

The real issue is whether it is morally correct to have an abortion regardless of what words you prefer to use to describe whatever it is that you are aborting.  If you want to call it a fetus, so be it.  If you want to call it an entity-unworthy-of-human-rights, so be it.   Either way, make a libertarian argument that does not hinge on arbitrary definitions. 

I can do it.  If you want an abortion, pay for it yourself and do not force anybody else to pay for it.  Paying for it includes your own self-defense from crazy wackos, by the way.  Nobody should be required to defend your abortion business.   If people want abortion, the market will demonstrate that. 

 

I agree more or less. However, I still think it is all about definition, because you can not escape human language barrier so easily. You can not judge something morally if you do not define your term, what are you judging in this case. Otherwise, it can be reduced to such an absurdity as calling humans only atoms and is it moral to split those atoms apart or not - that makes no sense. Still, as you said, market will decide.

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(english is not my native language, sorry for grammar.)

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MaikU replied on Tue, Jan 31 2012 2:36 PM

Malachi:
MaikU:

Malachi:
Bad analogy. Steam is water.

 

go back to first grade. Trolling after troling and you lost all credibility in this debate.

 

Just saw this. I like you, Maiku, dont make this personal. I like these forums, we should be able to discuss these issues without animosity. Steam is water. Thats not trolling or deception or anything. Fetuses are also humans. Tiny little humans, with their own little organ systems and their own dna. Do they teach that in first grade?

 

steam is not water. Maybe you mean stream? Still, I think it is an error to call steam water, as it is an error to call fetus human (if you accept my definition of human, for sure, which I think, you do not, as I define it as rational independent individual.

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(english is not my native language, sorry for grammar.)

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MaikU replied on Tue, Jan 31 2012 2:38 PM

hashem:

I'll admit I was thinking of water vapor or whatever, and said steam. My point isn't what we label it, my point was that they are obviously distinct things with distinct properties, despite their similarities.

Now that we're technical: You don't abort a baby. You abort a fetus.

 

furthemore, if biologists believed fetus is a human, they wouldn't call it that way. Sure, fetus is a part of human evolution, I would agree with this, but to call it fully developed human is not only an absurdity, it is simply false.

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(english is not my native language, sorry for grammar.)

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furthemore, if biologists believed fetus is a human, they wouldn't call it that way.

They do.  Always.  "Human," is used interchangably with homo sapiens in biology.  The distiction you are making is between fetus and adult, not fetus and human.


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Malachi replied on Tue, Jan 31 2012 7:00 PM
Still, I think it is an error to call steam water, as it is an error to call fetus human (if you accept my definition of human, for sure, which I think, you do not, as I define it as rational independent individual.
If steam isnt water, what molecules are those, exactly? Hydrocarbons?

also, in what manner is a "fetus" as you call it, not rational?

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hashem replied on Tue, Jan 31 2012 10:43 PM

Whether a fetus is so-called rational or not, it can't communicate with us about abstract concepts like property, justice, rights. Even if it had rights, there's no way we can fathom what they are (they aren't property rights), and it would be absurd for us to expect to be able to respect something we can't even fathom.

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MaikU:

furthemore, if biologists believed fetus is a human, they wouldn't call it that way. Sure, fetus is a part of human evolution, I would agree with this, but to call it fully developed human is not only an absurdity, it is simply false.

"Fetus" is term used to describe a mammal in a particular stage of development.  All mammals, except maybe the platypus, but that's always the exception, have this stage of development.  It is not a tem for a separate species.

Humans go through many phases in their development from zygote to adult.  Fetus is just one of many.


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Malachi replied on Wed, Feb 1 2012 6:58 PM
hashem:

Whether a fetus is so-called rational or not, it can't communicate with us about abstract concepts like property, justice, rights. Even if it had rights, there's no way we can fathom what they are (they aren't property rights), and it would be absurd for us to expect to be able to respect something we can't even fathom.

People, excuse me, "humans at any stage of development" in china cannot communicate with me about abstract concepts, and I cannot fathom what rights these alleged people half a world away might possess, if any at all. Is it then acceptable for me to launch missiles at them?
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hashem replied on Wed, Feb 1 2012 11:16 PM

A person's property rights in China are not dependent on your capacity to communicate with them. If they gained property rights, they aren't dependent on you.

This has absolutely nothing to do with the property rights a fetus neither has nor needs.

You aren't a fetus and can't communicate with fetuses about abstract concepts, so you don't know their nature and therefore you can't fathom their rights. But just because YOU can't communicate with people in China doesn't mean people in China didn't gain property rights as all non-fetuses do: when they first acted as individuals to become self-owners.

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@Hashem- While I'm pro-choice too, I disagree with your approach. Remember, in the Rothbardian ethics system, ALL humans have rights. This includes fetuses. The point, however, is that a fetus violates a mother's right to self-ownership by virtue of being in her womb; if she does not desire the fetus to be there, it is merely a parasitic invader.She can therefore use proportionate punishment to the force initiated by the fetus of being in her womb. Because this would apply to adults who are hypothetically in a woman's body involuntarily, it must necessarily apply to fetuses as well. It's a simple extension of logic.

To me, Rothbard's approach on the issue makes sense. No need for revision.

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MaikU replied on Thu, Feb 2 2012 10:56 AM

RothbardsDisciple:

@Hashem- While I'm pro-choice too, I disagree with your approach. Remember, in the Rothbardian ethics system, ALL humans have rights. This includes fetuses.

fetuses are not human beings. They may be a developing humans, but not seperate independent individuals. Rothbard was wrong. And it is not bad to be wrong. Rand was wrong on the State too, but she still manage to inspire many anarcho-libertarians.

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(english is not my native language, sorry for grammar.)

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Mtn Dew replied on Thu, Feb 2 2012 11:17 AM

"Whether a fetus is so-called rational or not, it can't communicate with us about abstract concepts like property, justice, rights. Even if it had rights, there's no way we can fathom what they are (they aren't property rights), and it would be absurd for us to expect to be able to respect something we can't even fathom."

My 7 month old can't communicate abstract concepts either. Does my 7 month have no rights?

Seems like we have a lot of Peter Singer disciples on these boards.

 

 

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Malachi replied on Thu, Feb 2 2012 6:05 PM
A person's property rights in China are not dependent on your capacity to communicate with them.
they have no rights. I just said that. Until I am shown evidence of these alleged people with their alleged property rights, I refuse to refrain from using my missile range, which has as its impact area a place you people call "china." and I refuse to look for any evidence of people with rights, because if you looked inside a pregnant woman's womb, you would find a tiny human being performing tiny rational acts to alleviate felt unease.
This has absolutely nothing to do with the property rights a fetus neither has nor needs.
apparently he or she needs those rights so that you dont cut him or her into tiny little pieces. Whether he or she posesses those rights is a matter of definition of terms.
You aren't a fetus and can't communicate with fetuses about abstract concepts, so you don't know their nature and therefore you can't fathom their rights. But just because YOU can't communicate with people in China doesn't mean people in China didn't gain property rights as all non-fetuses do: when they first acted as individuals to become self-owners.
I need to see evidence of these alleged actors before I stop launching missiles. I also believe that any rumored "language barrier" that may exist would render "chinese rights" (if there is such a thing LOL1!1!1!1!1!1) equally unfathomable.
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hashem replied on Thu, Feb 2 2012 6:48 PM

RothbardDisciple, I've read TEoL and FaNL each at least 5 times, but that was years ago. Rothbard is my hero, and even he argues against human rights. There are no rights, which aren't property rights, he says. My point is that whatever a fetus is or isn't, that it doesn't meet the qualifications for property rights.

Malachi, people in China have property rights precisely because they aren't fetuses—they gained property rights as all individuals do: when they acted as individuals.

MtDew, you said, "Does my 7 month have no rights?" Let me flip the question on you: If your 7mo tried to escape your control, to escape the home you provide and the limits you impose. Would you use force to stop it?

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RothbardDisciple, I've read TEoL and FaNL each at least 5 times, but that was years ago. Rothbard is my hero, and even he argues against human rights. There are no rights, which aren't property rights, he says. My point is that whatever a fetus is or isn't, that it doesn't meet the qualifications for property rights.

But you missed my point, and I'd like a citation on your claims. Rothbard argues, in Man, Economy, and State, that "every man has a right to his own [person and property]." Everyone has a right in their own person, according to Rothbard. This includes fetuses. Conceding this point, the pro-choice view of abortion is still correct, since the fetus is a parasitic trespasser in the woman's body. Where does Rothbard argue that not every human has equal rights of self-ownership?

Using your view, I could very easily argue that infants also have no rights. Which is certainly not the Rothbardian claim. Infants are non-fee simple property of the parents; they have rights, and this means that they cannot be destroyed. Under your view, where an infant doesn't qualify for property rights, it would be legally justified to kill an infant. Which it is not.

 

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Mtn Dew replied on Thu, Feb 2 2012 7:24 PM

If my 7 month tried to escape my grasp (which happens all the time, not sure why you posed that as a hypothetical) I'd do what's in her best interest and use force. Am I violating her rights? Sure, why not? She can sue me when she's older for not letting her wander into traffic.

So are you arguing for against infanticide? If my child is not a rational agent I am doing nothing wrong by murdering her when my wife gets home in a few minutes. If she is a rational agent I suppose I'm a sadist for not letting her crawl off a cliff. 

 

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hashem replied on Thu, Feb 2 2012 7:50 PM

But you missed my point, and I'd like a citation on your claims. Rothbard argues, in Man, Economy, and State, that "every man has a right to his own [person and property]." Everyone has a right in their own person, according to Rothbard. This includes fetuses.
Are you sure Rothbard says fetuses have a right in their person, or that they have the potential to have a right in their person?

When Rothbard argues about rights—even the right to one's person—he is talking about property rights. He does this a lot, but an obvious example is the section on "Property rights and "Human Rights"" in For a New Liberty. Thus, "his “human right”—or his property rights in his own person—".

And, "In fact, there are no human rights that are separable from property rights."

He goes over this in other works, but I don't feel like shuffling through them. The point is, there are no rights that aren't property rights, beginning with the property in one's person.

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I agree, but a fetus has property in its person, or to elaborate potential property in its person. Rothbard (I'm fairly sure) agrees with me in his chapter on abortion . For example, he says that infants are non-fee-simple property of the parents. If he agreed with your view, he'd say that infants are fee-simple property of the parents. Seeing as, according to you but not according to Rothbard, they don't have potential property in their own person, and therefore don't have rights.

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