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	<title>Comments on: European Court Rules Against Irish Abortion Law</title>
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		<title>By: JB in CA</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30413</link>
		<dc:creator>JB in CA</dc:creator>
		<pubDate>Tue, 21 Dec 2010 07:36:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30413</guid>
		<description><![CDATA[&lt;i&gt;Or, phrased more neutrally, “there are at least some circumstances where abortion should be allowed”.&lt;/i&gt;

Only if there are not stronger arguments disallowing abortion in those very limited circumstances.

&lt;i&gt;Now, whatever consciousness is – and I think a very solid case can be made that awareness is a necessary condition for personhood ...&lt;/i&gt;

This is a rather tendentious view. For instance, are we really conscious at all times during sleep? If not, does that mean we&#039;re not persons at those particular times at which we&#039;re unconscious? If so, what gives us the right not to be &quot;aborted&quot; at those times? Potential personhood? But that, as you pointed out, is a trait that the fetus already has.]]></description>
		<content:encoded><![CDATA[<p><i>Or, phrased more neutrally, “there are at least some circumstances where abortion should be allowed”.</i></p>
<p>Only if there are not stronger arguments disallowing abortion in those very limited circumstances.</p>
<p><i>Now, whatever consciousness is – and I think a very solid case can be made that awareness is a necessary condition for personhood &#8230;</i></p>
<p>This is a rather tendentious view. For instance, are we really conscious at all times during sleep? If not, does that mean we&#8217;re not persons at those particular times at which we&#8217;re unconscious? If so, what gives us the right not to be &#8220;aborted&#8221; at those times? Potential personhood? But that, as you pointed out, is a trait that the fetus already has.</p>
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		<title>By: Ray Ingles</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30307</link>
		<dc:creator>Ray Ingles</dc:creator>
		<pubDate>Sat, 18 Dec 2010 01:30:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30307</guid>
		<description><![CDATA[JB in CA - &lt;blockquote&gt;I have some squabbles with what you’ve said, but for the most part, the examples you give make for a strong argument allowing abortion in very limited circumstances.&lt;/blockquote&gt;

Or, phrased more neutrally, &quot;there are at least some circumstances where abortion should be allowed&quot;. Note that Jewish law has recognized this for a long time now.

Further note that, in practice, virtually all late-term abortions fall into this category. In reality, hardly anyone remains pregnant past six months and then, willy-nilly, decides to have an abortion. I won&#039;t say it &lt;i&gt;never&lt;/i&gt; happens, but it is, er, rather far from the norm.

&lt;blockquote&gt;In other words, what restrictions do you think the courts should place on abortion so as to close that gap?&lt;/blockquote&gt;

Well, I don&#039;t think that the law can take souls into account. (If you think so... provide a legal definition of &#039;soul&#039;.) I think laws that are going to apply to everybody need to have a solid secular reason behind them - an appeal to &quot;natural law&quot;, to speak in Catholic terms. (Religious groups are free to make rules &lt;i&gt;for their adherents&lt;/i&gt; that don&#039;t impact the rights of others, of course.)

Now, whatever consciousness is - and I think a very solid case can be made that awareness is a necessary condition for personhood - it &lt;a href=&quot;http://ingles.homeunix.net/rants/atheism/braincase.html&quot; rel=&quot;nofollow&quot;&gt;demonstrably depends on the brain&lt;/a&gt;. The brain takes a long time to develop - the parts of the brain that process pain, for example, don&#039;t really connect up to the rest of the brain until after the 20th week.

Before there&#039;s a full, interconnected brain, I don&#039;t see any kind of natural-law argument that you have a person as opposed to tissue in the process of developing &lt;i&gt;into&lt;/i&gt; a person. I can&#039;t see how abortion is ending an actual, as opposed to potential, person&#039;s life.

Later on, it&#039;s a lot more problematic - but by that point, abortions are only really carried out for medical reasons, which we&#039;ve already established exist and are legally relevant.]]></description>
		<content:encoded><![CDATA[<p>JB in CA &#8211;<br />
<blockquote>I have some squabbles with what you’ve said, but for the most part, the examples you give make for a strong argument allowing abortion in very limited circumstances.</p></blockquote>
<p>Or, phrased more neutrally, &#8220;there are at least some circumstances where abortion should be allowed&#8221;. Note that Jewish law has recognized this for a long time now.</p>
<p>Further note that, in practice, virtually all late-term abortions fall into this category. In reality, hardly anyone remains pregnant past six months and then, willy-nilly, decides to have an abortion. I won&#8217;t say it <i>never</i> happens, but it is, er, rather far from the norm.</p>
<blockquote><p>In other words, what restrictions do you think the courts should place on abortion so as to close that gap?</p></blockquote>
<p>Well, I don&#8217;t think that the law can take souls into account. (If you think so&#8230; provide a legal definition of &#8216;soul&#8217;.) I think laws that are going to apply to everybody need to have a solid secular reason behind them &#8211; an appeal to &#8220;natural law&#8221;, to speak in Catholic terms. (Religious groups are free to make rules <i>for their adherents</i> that don&#8217;t impact the rights of others, of course.)</p>
<p>Now, whatever consciousness is &#8211; and I think a very solid case can be made that awareness is a necessary condition for personhood &#8211; it <a href="http://ingles.homeunix.net/rants/atheism/braincase.html" rel="nofollow">demonstrably depends on the brain</a>. The brain takes a long time to develop &#8211; the parts of the brain that process pain, for example, don&#8217;t really connect up to the rest of the brain until after the 20th week.</p>
<p>Before there&#8217;s a full, interconnected brain, I don&#8217;t see any kind of natural-law argument that you have a person as opposed to tissue in the process of developing <i>into</i> a person. I can&#8217;t see how abortion is ending an actual, as opposed to potential, person&#8217;s life.</p>
<p>Later on, it&#8217;s a lot more problematic &#8211; but by that point, abortions are only really carried out for medical reasons, which we&#8217;ve already established exist and are legally relevant.</p>
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		<title>By: JB in CA</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30292</link>
		<dc:creator>JB in CA</dc:creator>
		<pubDate>Fri, 17 Dec 2010 20:48:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30292</guid>
		<description><![CDATA[@Ray Ingles: I have some squabbles with what you&#039;ve said, but for the most part, the examples you give make for a strong argument allowing abortion in very limited circumstances. Here&#039;s what I don&#039;t get. Inevitably, whenever a court rules in favor of a right to abortion, the arguments it uses to defend its ruling sound very much like the ones you&#039;ve just given. But there are not nearly that many &quot;raped 9-year-olds&quot; that become pregnant, &quot;fully-grown women&quot; that are &quot;carrying twins&quot;, and pregnant women suffering from &quot;eclampsia or severe pulmonary hypertension&quot; to explain the massive number of abortions performed per year. Clearly, there&#039;s a disparity between the arguments given and the rulings issued. What do you think the courts need to do to eliminate that disparity? In other words, what restrictions do you think the courts should place on abortion so as to close that gap?]]></description>
		<content:encoded><![CDATA[<p>@Ray Ingles: I have some squabbles with what you&#8217;ve said, but for the most part, the examples you give make for a strong argument allowing abortion in very limited circumstances. Here&#8217;s what I don&#8217;t get. Inevitably, whenever a court rules in favor of a right to abortion, the arguments it uses to defend its ruling sound very much like the ones you&#8217;ve just given. But there are not nearly that many &#8220;raped 9-year-olds&#8221; that become pregnant, &#8220;fully-grown women&#8221; that are &#8220;carrying twins&#8221;, and pregnant women suffering from &#8220;eclampsia or severe pulmonary hypertension&#8221; to explain the massive number of abortions performed per year. Clearly, there&#8217;s a disparity between the arguments given and the rulings issued. What do you think the courts need to do to eliminate that disparity? In other words, what restrictions do you think the courts should place on abortion so as to close that gap?</p>
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		<title>By: Mike Melendez</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30286</link>
		<dc:creator>Mike Melendez</dc:creator>
		<pubDate>Fri, 17 Dec 2010 18:52:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30286</guid>
		<description><![CDATA[&quot;Absolutely. My wife is such a case, and her mother is one of the people I admire most on this Earth. But you don’t get to – indeed, can’t – force heroism.&quot;

But you can decide when heroism is involved. Though, like I said, that&#039;s a much harder line to draw. Soldiers are not punished for not being heroes, they are punished for, e.g. running in the face of the enemy.

As an aside, WWII was fought with a conscript army as were all of Napoleon&#039;s wars. (Napoleon went far in inventing the idea.) Napoleon didn&#039;t fall to his army. We&#039;re still around. (Switching to an all volunteer military didn&#039;t save the state but did give us a much better military if a much smaller one.) I love Heilein as a storyteller but I&#039;m not too big on his philosophical musings, libertarian that he was. He was better than Ayn Rand, there is that.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Absolutely. My wife is such a case, and her mother is one of the people I admire most on this Earth. But you don’t get to – indeed, can’t – force heroism.&#8221;</p>
<p>But you can decide when heroism is involved. Though, like I said, that&#8217;s a much harder line to draw. Soldiers are not punished for not being heroes, they are punished for, e.g. running in the face of the enemy.</p>
<p>As an aside, WWII was fought with a conscript army as were all of Napoleon&#8217;s wars. (Napoleon went far in inventing the idea.) Napoleon didn&#8217;t fall to his army. We&#8217;re still around. (Switching to an all volunteer military didn&#8217;t save the state but did give us a much better military if a much smaller one.) I love Heilein as a storyteller but I&#8217;m not too big on his philosophical musings, libertarian that he was. He was better than Ayn Rand, there is that.</p>
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		<title>By: pentamom</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30274</link>
		<dc:creator>pentamom</dc:creator>
		<pubDate>Fri, 17 Dec 2010 17:10:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30274</guid>
		<description><![CDATA[While I agree that &quot;pregnancy is not a disease and a fetus is not a tumor,&quot; that no more means that the pregnancy itself does not have to sometimes end to save the mother, than that an organ never has to be removed to save a cancer patient. Organs are not inherently unhealthy presences in the body, but in a fallen world they, or the systems necessary for their function, can become diseased to the extent that their continued presence is incompatible with continued life. So, too, things can happen with a pregnancy to create that result.

All that said, it is a rare condition, rarer than those who would like to keep open a very wide door for abortion would like to admit. But it is not an false or impossible one.]]></description>
		<content:encoded><![CDATA[<p>While I agree that &#8220;pregnancy is not a disease and a fetus is not a tumor,&#8221; that no more means that the pregnancy itself does not have to sometimes end to save the mother, than that an organ never has to be removed to save a cancer patient. Organs are not inherently unhealthy presences in the body, but in a fallen world they, or the systems necessary for their function, can become diseased to the extent that their continued presence is incompatible with continued life. So, too, things can happen with a pregnancy to create that result.</p>
<p>All that said, it is a rare condition, rarer than those who would like to keep open a very wide door for abortion would like to admit. But it is not an false or impossible one.</p>
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		<title>By: Randy</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30273</link>
		<dc:creator>Randy</dc:creator>
		<pubDate>Fri, 17 Dec 2010 17:04:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30273</guid>
		<description><![CDATA[Count me skeptical. The goal of the court has always been to force Ireland to remove all abortion limits. They are starting with a hard case but it is only a start. The &quot;life of the mother&quot; exception is very easy to interpret broadly and include all abortions. This happened with Row v Wade. The exception in that decision ended up being de facto abortion on demand.]]></description>
		<content:encoded><![CDATA[<p>Count me skeptical. The goal of the court has always been to force Ireland to remove all abortion limits. They are starting with a hard case but it is only a start. The &#8220;life of the mother&#8221; exception is very easy to interpret broadly and include all abortions. This happened with Row v Wade. The exception in that decision ended up being de facto abortion on demand.</p>
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		<title>By: Ray Ingles</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30271</link>
		<dc:creator>Ray Ingles</dc:creator>
		<pubDate>Fri, 17 Dec 2010 17:00:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30271</guid>
		<description><![CDATA[Mike Melendez - &lt;blockquote&gt;Are there cases where it is known the mother will die and the baby will live, if the baby is not killed?&lt;/blockquote&gt;

Raped 9-year-olds come to mind:
http://www.time.com/time/world/article/0,8599,1883598,00.html

The article understates the case a bit. Labor was far from the only danger the girl faced. Simply &lt;i&gt;carrying&lt;/i&gt; a child at that age is dangerous. Carrying &lt;i&gt;twins&lt;/i&gt; is dangerous for fully-grown women.

Then there are cases like eclampsia or severe pulmonary hypertension:
http://ncronline.org/news/justice/nun-excommunicated-allowing-abortion

We&#039;re getting better at being able to keep both mother and baby alive long enough to allow the baby to be delivered prematurely and survive. But when eclampsia occurs with &lt;i&gt;other&lt;/i&gt; conditions at the same time...

&lt;blockquote&gt;That’s a much harder line to draw, but it must be seen in terms of, “Can we save both lives?”, not in terms of “Can we avoid carrying a burden?”.&lt;/blockquote&gt;

True, but as EM said above, &quot;when there is a genuine conflict between them, government shouldn’t pick winners and losers.&quot;

&lt;blockquote&gt;Sometimes the probabilities are wrong and both survive. Sometimes the baby is the miracle.&lt;/blockquote&gt;

Absolutely. My wife is such a case, and her mother is one of the people I admire most on this Earth. But you don&#039;t get to - indeed, &lt;i&gt;can&#039;t&lt;/i&gt; - force heroism.

There are case that go the other way, too... where one or both are lost. They really exist, and our legal frameworks have to deal with that reality, too.]]></description>
		<content:encoded><![CDATA[<p>Mike Melendez &#8211;<br />
<blockquote>Are there cases where it is known the mother will die and the baby will live, if the baby is not killed?</p></blockquote>
<p>Raped 9-year-olds come to mind:<br />
<a href="http://www.time.com/time/world/article/0,8599,1883598,00.html" rel="nofollow">http://www.time.com/time/world/article/0,8599,1883598,00.html</a></p>
<p>The article understates the case a bit. Labor was far from the only danger the girl faced. Simply <i>carrying</i> a child at that age is dangerous. Carrying <i>twins</i> is dangerous for fully-grown women.</p>
<p>Then there are cases like eclampsia or severe pulmonary hypertension:<br />
<a href="http://ncronline.org/news/justice/nun-excommunicated-allowing-abortion" rel="nofollow">http://ncronline.org/news/justice/nun-excommunicated-allowing-abortion</a></p>
<p>We&#8217;re getting better at being able to keep both mother and baby alive long enough to allow the baby to be delivered prematurely and survive. But when eclampsia occurs with <i>other</i> conditions at the same time&#8230;</p>
<blockquote><p>That’s a much harder line to draw, but it must be seen in terms of, “Can we save both lives?”, not in terms of “Can we avoid carrying a burden?”.</p></blockquote>
<p>True, but as EM said above, &#8220;when there is a genuine conflict between them, government shouldn’t pick winners and losers.&#8221;</p>
<blockquote><p>Sometimes the probabilities are wrong and both survive. Sometimes the baby is the miracle.</p></blockquote>
<p>Absolutely. My wife is such a case, and her mother is one of the people I admire most on this Earth. But you don&#8217;t get to &#8211; indeed, <i>can&#8217;t</i> &#8211; force heroism.</p>
<p>There are case that go the other way, too&#8230; where one or both are lost. They really exist, and our legal frameworks have to deal with that reality, too.</p>
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		<title>By: Ray Ingles</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30269</link>
		<dc:creator>Ray Ingles</dc:creator>
		<pubDate>Fri, 17 Dec 2010 15:09:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30269</guid>
		<description><![CDATA[Michael PS - I&#039;d agree with Robert Heinlein that &quot;No state has the inherent right to survive through conscript troops and in the long run, no state ever has.&quot;]]></description>
		<content:encoded><![CDATA[<p>Michael PS &#8211; I&#8217;d agree with Robert Heinlein that &#8220;No state has the inherent right to survive through conscript troops and in the long run, no state ever has.&#8221;</p>
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		<title>By: Mike Melendez</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30267</link>
		<dc:creator>Mike Melendez</dc:creator>
		<pubDate>Fri, 17 Dec 2010 14:46:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30267</guid>
		<description><![CDATA[@Ingles: You drop from the general to the specific without a pause. The specific case you cite is not the kind that is being questioned as allowing ectopic pregnancy to go to term kills both. The Church doesn&#039;t &quot;allow a section of the fallopian tube...&quot;, it chooses in favor of life for both the mother and the child. Are there cases where it is known the mother will die and the baby will live, if the baby is not killed? That&#039;s a much harder line to draw, but it must be seen in terms of, &quot;Can we save both lives?&quot;, not in terms of &quot;Can we avoid carrying a burden?&quot;. Sometimes the probabilities are wrong and both survive. Sometimes the baby is the miracle.

Kudos to Michael PS. He puts his finger on the crux of the problem with, &quot;Don&#039;t force your morality on me,&quot; as a universal solvent. It bothered me for a long time before I realized that viewpoint only leads to anarchy, the real deadly kind not the kind with a brand that plays loud music.]]></description>
		<content:encoded><![CDATA[<p>@Ingles: You drop from the general to the specific without a pause. The specific case you cite is not the kind that is being questioned as allowing ectopic pregnancy to go to term kills both. The Church doesn&#8217;t &#8220;allow a section of the fallopian tube&#8230;&#8221;, it chooses in favor of life for both the mother and the child. Are there cases where it is known the mother will die and the baby will live, if the baby is not killed? That&#8217;s a much harder line to draw, but it must be seen in terms of, &#8220;Can we save both lives?&#8221;, not in terms of &#8220;Can we avoid carrying a burden?&#8221;. Sometimes the probabilities are wrong and both survive. Sometimes the baby is the miracle.</p>
<p>Kudos to Michael PS. He puts his finger on the crux of the problem with, &#8220;Don&#8217;t force your morality on me,&#8221; as a universal solvent. It bothered me for a long time before I realized that viewpoint only leads to anarchy, the real deadly kind not the kind with a brand that plays loud music.</p>
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		<title>By: J. Pike</title>
		<link>http://www.firstthings.com/blogs/firstthoughts/2010/12/16/european-court-rules-against-irish-abortion-law/comment-page-1/#comment-30265</link>
		<dc:creator>J. Pike</dc:creator>
		<pubDate>Fri, 17 Dec 2010 13:52:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstthings.com/blogs/firstthoughts/?p=25604#comment-30265</guid>
		<description><![CDATA[From a more political point of view, I do not agree with an international court ruling on a case that covers an issue that should remain firmly within the grasp of the local (read: national) government.  I also do not agree that because this woman does not want to risk the child contracting this same cancer it constitutes a risk to her own well-being.  There is just as much of a chance that the child could end up perfectly healthy and it should be given that chance.  I think the doctors should be allowed to diagnose whether or not the mother is at risk, but I still cannot find a justification for an abortion without that assessment first being made.]]></description>
		<content:encoded><![CDATA[<p>From a more political point of view, I do not agree with an international court ruling on a case that covers an issue that should remain firmly within the grasp of the local (read: national) government.  I also do not agree that because this woman does not want to risk the child contracting this same cancer it constitutes a risk to her own well-being.  There is just as much of a chance that the child could end up perfectly healthy and it should be given that chance.  I think the doctors should be allowed to diagnose whether or not the mother is at risk, but I still cannot find a justification for an abortion without that assessment first being made.</p>
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