RE: What is required for a human organism to be considered a rights bearer?
July 5, 2017 at 3:19 pm
(This post was last modified: July 5, 2017 at 3:23 pm by The Grand Nudger.)
@OP Q
Pretty simple, actually. All of our rights are based upon the notion of "natural persons". There's nothing tricky about it. People, who are born, and exist, then by sheer weight of their existence have claim to rights. You, me, Bob down the corner.
Juridical persons (say, corporations) are persons only in that the rights extended to them are inarguably -not- extended to them because they are actual "natural persons" (no one, I hope, argues that Coca Cola is a person the same way that John Q Citizen is a person - and even as Juan Domingo Ciudadano is a person) but because they are organizations comprised of such natural people as Juan and John.
So, what would be required, at a minimum, is juridical personhood - which a human fetus already has. It shares some characteristics with a natural person, it;s definitely related to or comprised of natural persons...but not all - and is thusly afforded some protection under law (which is why elective abortions the day before the due date can be legislated against), but not all protections under law.
The next step, would be natural personhood - which I suppose is the holy grail for anti-abortion nuts...but -still- wouldn't solve their problems........lemme splain, lol.
Supposing some jurisdiction did grant the status of natural personhood to a fetus...the rulings which have permitted abortion and prohibited full anti-abortion laws would still stand. Why? Because they actually aren't based, at least not in full, on the idea that a fetus is not a person -juridical or natural (or any moral argument)..but upon the compelling interest of the state in cases of conflicting interest -between- juridical or natural persons and -other- natural persons....such as the mother.
Ta-da.
(IOW, anti abortion activists are fucked, hard, fundamentally)
*any of our resident forum shithouse lawyers feel free to come clean that up, up above, it;s been a long..loooooong time for me.
Pretty simple, actually. All of our rights are based upon the notion of "natural persons". There's nothing tricky about it. People, who are born, and exist, then by sheer weight of their existence have claim to rights. You, me, Bob down the corner.
Juridical persons (say, corporations) are persons only in that the rights extended to them are inarguably -not- extended to them because they are actual "natural persons" (no one, I hope, argues that Coca Cola is a person the same way that John Q Citizen is a person - and even as Juan Domingo Ciudadano is a person) but because they are organizations comprised of such natural people as Juan and John.
So, what would be required, at a minimum, is juridical personhood - which a human fetus already has. It shares some characteristics with a natural person, it;s definitely related to or comprised of natural persons...but not all - and is thusly afforded some protection under law (which is why elective abortions the day before the due date can be legislated against), but not all protections under law.
The next step, would be natural personhood - which I suppose is the holy grail for anti-abortion nuts...but -still- wouldn't solve their problems........lemme splain, lol.
Supposing some jurisdiction did grant the status of natural personhood to a fetus...the rulings which have permitted abortion and prohibited full anti-abortion laws would still stand. Why? Because they actually aren't based, at least not in full, on the idea that a fetus is not a person -juridical or natural (or any moral argument)..but upon the compelling interest of the state in cases of conflicting interest -between- juridical or natural persons and -other- natural persons....such as the mother.
Ta-da.
(IOW, anti abortion activists are fucked, hard, fundamentally)
*any of our resident forum shithouse lawyers feel free to come clean that up, up above, it;s been a long..loooooong time for me.
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