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RE: Abortion and Religion - 4/18/2012 9:25:55 AM   
Kirata


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quote:

ORIGINAL: Moonhead

Really? You don't think that religion and atheism being morally equivalent is important to the context of Dworkin's argument, then?

Ferchrissake (if you'll excuse the expression) that is Dworkin's argument.

K.





< Message edited by Kirata -- 4/18/2012 9:26:46 AM >

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RE: Abortion and Religion - 4/18/2012 9:31:16 AM   
fucktoyprincess


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FR

Look, ultimately, as I pointed out earlier, we only get to abortion being a religious issue, if you think religions have anything anything to say about a fetus and death - and I think there is still a huge discrepancy there on that issue.

And even if you do believe religions have anything to say morally about a fetus and death, the issue about the constitutionality of a law is simply that you have to show that it cannot stand up to the constitution - and all you need is ONE way that it is not constitutional. You are not required to show EVERY way that it could be unconstitutional.

I don't think Dworkin is suggesting anything about morality overall, or even religion overall or anything about atheism and morality. He is just saying one of the strongest objections to criminalizing abortion is that it runs afoul of those religions that don't speak to abortion. He is just saying there is a Free Exercise issue here, and he is correct. And if you agree that there is a Free Exercise issue, bingo, end of challenges to abortion. Period.

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RE: Abortion and Religion - 4/18/2012 12:19:58 PM   
farglebargle


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quote:

ORIGINAL: Kirata


quote:

ORIGINAL: farglebargle

I would say it's more that they don't have the good manners to keep their 19th Century anti-Scientific opinions to themselves.

I do not think the difference of opinion is a difference between scientific knowledge and uncritical thinking. The rationality that grew out of the Enlightenment, which we associate with the rise of natural science, is a hard rationality specifically designed to argue about the nature of the natural world. It cannot deal with the world of human experience, a world of contradictions, of moral complexity and paradox. It cannot approach the realities that are most central to the human experience: it cannot understand a poem, it cannot grasp love. Those who adhere exclusively to that kind of hard rationalism are incapable of framing the human condition. To do so is the province of the Humanities, not the Sciences.

K.




And what does all of that have to do with developmental biology? The child can have 'human experiences' after they're born.

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RE: Abortion and Religion - 4/18/2012 12:38:31 PM   
Kirata


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quote:

ORIGINAL: farglebargle

And what does all of that have to do with developmental biology?

It is always gratifying when someone is kind enough to illustrate my point so promptly.

quote:

ORIGINAL: farglebargle

The child can have 'human experiences' after they're born.

The child can have 'human experiences' after it's born, eh? Freud would be amused.

K.

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RE: Abortion and Religion - 4/18/2012 1:07:48 PM   
Moonhead


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quote:

ORIGINAL: Kirata


quote:

ORIGINAL: Moonhead

Really? You don't think that religion and atheism being morally equivalent is important to the context of Dworkin's argument, then?

Ferchrissake (if you'll excuse the expression) that is Dworkin's argument.

K.





So why the complaint about me pointing out that's a fallacy?

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RE: Abortion and Religion - 4/18/2012 1:11:59 PM   
Marc2b


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quote:

Myself, I've always found the notion that Religion is the only possible basis for morality incredibly offensive. As I've said before, all that is required is a little empathy, and a belief that this world is all any of us will ever experience can just as easily be a reason to treat other people better as it is to treat them worse. If this time is all we get, ruining it for others is far more venal and objectionable than it would be if the worthy will be rewarded with special privileges after dying...


It is also illogical but that won't fly with the fundamentalists. What really bugs me about the notion is that it means that humans can't come up with a moral code on their own (though, in fact, we did exactly that - and then labeled it "religion")... we have to have it imposed upon us!

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RE: Abortion and Religion - 4/18/2012 1:18:00 PM   
Marc2b


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quote:

No it is not equating "morality with religion," because it does not dispute that such questions can have a non-religious answers -- any more than treating Atheism as a religion for purposes of law disputes the fact that it is not one.


But if morality can be independent of religion, then no moral question can be fundamentally religious in nature.

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RE: Abortion and Religion - 4/18/2012 1:26:49 PM   
fucktoyprincess


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quote:

ORIGINAL: Marc2b

quote:

Myself, I've always found the notion that Religion is the only possible basis for morality incredibly offensive. As I've said before, all that is required is a little empathy, and a belief that this world is all any of us will ever experience can just as easily be a reason to treat other people better as it is to treat them worse. If this time is all we get, ruining it for others is far more venal and objectionable than it would be if the worthy will be rewarded with special privileges after dying...


It is also illogical but that won't fly with the fundamentalists. What really bugs me about the notion is that it means that humans can't come up with a moral code on their own (though, in fact, we did exactly that - and then labeled it "religion")... we have to have it imposed upon us!


Here is the other misconception that people have. Religion does NOT answer all moral questions. In fact, most religions are contradictory within their own relevant Scriptures/interpretations of those Scriptures/etc. about many moral issues. And some moral issues, like the death of a fetus, are not dealt with at all in any religious scriptures of any religion.

Let's take one example. The 5th or 6th commandment (because different religions break up the commandments differently) is variously interpreted as "Thou shalt not kill" or "Thou shalt not murder". And there is no agreement on which interpretation is the correct one. And the word murder means an unlawful killing of a human being. So "murder" seems a much more likely interpretation because certainly the commandment does not prohibit all killing of all living things. It is not murder to kill a soldier during war. It is not murder to slaughter a chicken for food. So this begs the question of what might constitute a lawful killing AND what constitutes a human being - neither of these questions is actually answered by the Scripture in question.

< Message edited by fucktoyprincess -- 4/18/2012 1:29:00 PM >


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RE: Abortion and Religion - 4/18/2012 1:36:34 PM   
geilematz


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there is a centuries long tradition in philosophy about moral issues without any need of any religion ...
read Immanuel Kant

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RE: Abortion and Religion - 4/18/2012 1:54:03 PM   
Marc2b


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quote:

Here is the other misconception that people have. Religion does NOT answer all moral questions. In fact, most religions are contradictory within their own relevant Scriptures/interpretations of those Scriptures/etc. about many moral issues. And some moral issues, like the death of a fetus, are not dealt with at all in any religious scriptures of any religion.

Let's take one example. The 5th or 6th commandment (because different religions break up the commandments differently) is variously interpreted as "Thou shalt not kill" or "Thou shalt not murder". And there is no agreement on which interpretation is the correct one. And the word murder means an unlawful killing of a human being. So "murder" seems a much more likely interpretation because certainly the commandment does not prohibit all killing of all living things. It is not murder to kill a soldier during war. It is not murder to slaughter a chicken for food. So this begs the question of what might constitute a lawful killing AND what constitutes a human being - neither of these questions is actually answered by the Scripture in question.


I read somewhere that the original Hebrew is best translated as "Murder." That aside, the Bible is so riddled with contradictions that I can't see how anything other than a supreme effort at willful ignorance can make one believe that it is the inerrant word of God.

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RE: Abortion and Religion - 4/18/2012 2:14:56 PM   
fucktoyprincess


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quote:

ORIGINAL: Marc2b

quote:

Here is the other misconception that people have. Religion does NOT answer all moral questions. In fact, most religions are contradictory within their own relevant Scriptures/interpretations of those Scriptures/etc. about many moral issues. And some moral issues, like the death of a fetus, are not dealt with at all in any religious scriptures of any religion.

Let's take one example. The 5th or 6th commandment (because different religions break up the commandments differently) is variously interpreted as "Thou shalt not kill" or "Thou shalt not murder". And there is no agreement on which interpretation is the correct one. And the word murder means an unlawful killing of a human being. So "murder" seems a much more likely interpretation because certainly the commandment does not prohibit all killing of all living things. It is not murder to kill a soldier during war. It is not murder to slaughter a chicken for food. So this begs the question of what might constitute a lawful killing AND what constitutes a human being - neither of these questions is actually answered by the Scripture in question.


I read somewhere that the original Hebrew is best translated as "Murder." That aside, the Bible is so riddled with contradictions that I can't see how anything other than a supreme effort at willful ignorance can make one believe that it is the inerrant word of God.


So you take the contradictions within each religion, the conflicts in morality between religions, the various moral issues that religion does not even address, and a pluralistic democratic country founded on constitutional principles that recognize individual liberties and the rule of law, and you have NO CHOICE as either a policy maker or a judge other than to rely on fundamental philosophical principles in order to determine morality.

Nothing galls me more than when elected officials go on about the "Judeo-Christian" values upon which we are founded. We were founded upon no such thing. And there are contradictions between Judaism and Christianity (how about Jesus being the son of god for starters?) so to talk about "Judeo-Christian" like it is one cohesive thing is ridiculous.

Religion (taken as a whole - i.e., all religions together) does not help us answer all questions of morality in a single cohesive way. We have to go back to fundamental principles. And if fundamental principles tell us something should be legal, but some religions disagree, then the only valid philosophical approach is to leave it to individual choice so that we don't infringe on those whose religion also considers it legal.

That abortion has become the kind of divisive political issue that it has is beyond me. And if Roe v. Wade is ultimately stricken down it really means death to the concept of a constitutional democracy that respects individual rights and freedom of religion.


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RE: Abortion and Religion - 4/18/2012 3:30:26 PM   
SternSkipper


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quote:

Regarding questions about the place and value of human life in the universe as fundamentally religious for purposes of law is not intended to equate, and does not equate, morality with "religion" but rather secures to each citizen the protection of his conscience. Similarly, courts have treated Atheism as a religion for purposes of law to the same end, namely: protecting liberty of conscience.


Thanks K... I see now why/how he's including Atheism. Though I will say that is one area of Jefferson's writings that I still sort of read with pause. But I appreciate your clarifying.



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RE: Abortion and Religion - 4/18/2012 7:10:37 PM   
DesideriScuri


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quote:

ORIGINAL: farglebargle
quote:

Really?!? So, if someone is morally against abortions, they are morons because to kill or not to kill a fetus isn't a moral issue?

I would say it's more that they don't have the good manners to keep their 19th Century anti-Scientific opinions to themselves.
They're PERSONS when they are BORN. ( See also: Long Form Birth Certificate ).


As usual, not actually germane to my point.

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RE: Abortion and Religion - 4/18/2012 7:18:05 PM   
GotSteel


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quote:

ORIGINAL: farglebargle
They're PERSONS when they are BORN. ( See also: Long Form Birth Certificate ).


I don't blame people for being uncomfortable with this idea. We're talking about life that goes from a point where we'd flush it down the toilet without a second thought to life that we consider to have rights equal to our own. This transition occurs as a long gradual analog process and as such a one bit digital representation of it is doomed to be horribly inaccurate.

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RE: Abortion and Religion - 4/18/2012 7:27:16 PM   
DesideriScuri


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quote:

ORIGINAL: tazzygirl
quote:

Really?!? So, if someone is morally against abortions, they are morons because to kill or not to kill a fetus isn't a moral issue?

Where did I call anyone a moron? I said its a medical issue because its a medical procedure.


tazzy, an abortion is a medical issue. To get an abortion or not, is the moral issue. They are not the same issue.

quote:

quote:

If a woman could die by carrying a pregnancy to term and giving birth, is it okay for the doctor to force her to have an abortion against her will to save her life? Or, is the decision to carry to term hers? I vote the latter. I know you do, too.

Exactly. The same as having an abortion, thats her decision as well, regardless of your feelings. After all, if you believe in heaven and hell, the pearly gates and all that, are you the one who will be standing there on judgement day or her?


What the fuck is wrong with you? How many more times do I have to state that my beliefs about abortion are mine and should not hang over anyone's head but my own? I just don't see why you can't get that through your head. I have no part in your choice to get an abortion, nor should I. We fucking agree that abortions should be legal and up to the woman (and man if he's a post-coital participant in her life).

quote:

quote:

But, again, that isn't up to the Federal Government to decide. That is up to the mother and father (again, if the father is man enough to remain involved with the woman and the pregnancy), to decide.

But what happened is that the states decided it was THIERS to decide, based upon their moral beliefs, regardless of the morals of the people they represent. That is when the SC steps in.. and that IS within the power to the Federal government, to decide the disputes of the people vs the states.


Take it up with the State. It's not a Federal authority. Is it a State authority? Perhaps, but that's up to the State and the people in the State. And, if it isn't within the purview of the Federal Government, it very well may not be within the purview of any other level of Government. If that's the case, they can all go fuck themselves. They don't have the authority to stop you from getting an abortion.

quote:

quote:

I am stating, for the umpteenth time, that government doesn't have the authority to bar you or allow you access to abortions. It is something that simply isn't up to them.

No, what you said was the federal government doesnt have that right. And what I am saying is that as long as the states feel they can make moral decisions on my behalf, the federal government can as well.


The Fed's don't have the right because they don't have the authority. Hello! Earth to tazzy!

quote:

quote:

I don't care why abortions were made illegal. I really don't. I'd say "read my lips," but you can't. So, read, very carefully, what I am stating, with conviction and absolutely zero moral qualms:
Abortions should NOT be illegal. Period.
Was that clear enough? If not, how many more times must I state it before you understand?

Now you are coming across as a moron. Of course it matters. They could come after anything based upon your attitude here. Do not allow your moral beliefs to cloud your judgement. If Roe vs Wade is repealed, the effects could be staggering for many controversial issues.


Good Lord. My moral beliefs aren't clouding my judgment. I support a woman's right to have an abortion. I think abortion is wrong. I also believe that my moral beliefs have no right to dictate your right to choose to have an abortion.

And, no, it doesn't matter. They can't come after anything. They can only come after those things they have the authority, as defined in the US Constitution, to effect. If they aren't given the power to choose what variety of Kentucky Bluegrass is planted, any pronouncements barring or legalizing any variety of Kentucky Blue is not within their sphere of influence.

_____________________________

What I support:

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  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

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RE: Abortion and Religion - 4/19/2012 12:27:20 AM   
Kirata


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quote:

ORIGINAL: Marc2b

But if morality can be independent of religion, then no moral question can be fundamentally religious in nature.

I don't think he's arguing that the moral question is fundamentally religious. I think he is saying that the beliefs and convictions on which our moral stand is based will depend on our answers to questions that are fundamentally religious, e.g., what is the meaning of human life and its place and value in the universe. But regardless of whatever debate might surround that position if considered in the abstract, he's only advancing it in the limited and specific context of the U.S. Constitution, i.e., as a proposition that has merit for purposes of law in order to protect liberty of conscience under the First Amendment.

K.


< Message edited by Kirata -- 4/19/2012 12:30:37 AM >

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RE: Abortion and Religion - 4/19/2012 12:30:20 AM   
tweakabelle


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quote:

ORIGINAL: Kirata


In his book, Life's Dominion, Ronald Dworkin, Professor of Jurisprudence at Oxford Universtiy and Professor of Law at New York University, argues that disputes over the morality of abortion are fundamentally religious in nature, because they turn on an individual's convictions about the place and value of human life in the universe.

Whether or not you accept that analysis, it gives rise to interesting consequences...

Firstly, it means that any decision about abortion rests on convictions that are intrinsically religious for purposes of the Free Exercise clause and therefore protected. Secondly, it means that government action to prevent abortion implicitly endorses a particular religious view against all others in violation of the Establishment clause.

Reference: Litigation Essentials, Lexus Nexis

Given that religious beliefs seem to be inextricable from this debate, I thought that was an interesting take on the issue. What do you think?

K.


If one accepts the premise that religion is the pre-eminent domain for discussion of matters relating to an "individual's convictions about the place and value of human life in the universe", then there are interesting consequences.

However my feeling is that philosophy is a far better domain for discussion of such matters. Philosophy is broad enough to include both religious and non-religious perspectives, without carrying the deistic connotations of 'religion'.

I don't know of any one who might dispute that "individual's convictions about the place and value of human life in the universe" fall into the philosophical realm. There will be plenty of people who would reasonably dispute that it is the realm of religion exclusively or even pre-dominantly.

So my feeling is the Prof Dworkin's proposal loads the dice unfairly favouring the pro-life side, by elevating religion (read: 'pro-life') to a status beyond its station.

< Message edited by tweakabelle -- 4/19/2012 12:37:11 AM >


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RE: Abortion and Religion - 4/19/2012 2:10:42 AM   
farglebargle


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quote:

ORIGINAL: GotSteel

quote:

ORIGINAL: farglebargle
They're PERSONS when they are BORN. ( See also: Long Form Birth Certificate ).


I don't blame people for being uncomfortable with this idea. We're talking about life that goes from a point where we'd flush it down the toilet without a second thought to life that we consider to have rights equal to our own. This transition occurs as a long gradual analog process and as such a one bit digital representation of it is doomed to be horribly inaccurate.


No it isn't. Until they're BORN, they don't have any legal rights. Period. Anyone who is telling you different wants to sell you "Pro-Life" merchandise...



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RE: Abortion and Religion - 4/19/2012 5:39:37 AM   
Aswad


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quote:

ORIGINAL: Moonhead

Myself, I've always found the notion that Religion is the only possible basis for morality incredibly offensive.


Rats eat their young, if they think the amount of food available won't cover all of them. It makes perfect empirical sense, given the a priori assumption (i.e. article of conscience; what some, like me, would call an article of faith or belief, in that it is a given, not an observable) that every life is valuable and that this value is equal between individuals, in which case it comes down to math.

I'm going to hazard a guess that rats don't have religion.

Would you find it somewhat offensive if I get two kids, rack up some debt and then eat one of the kids (recycle the protein, fat and nutrients) so as to make sure that the other one can get by on what I have left?

How about if I say we should institute a prognom in Africa to take the population down to what level their current model of agriculture could support indefinitely, and make sure it stays there by killing off any surplus offspring?

Is it going to change the answer if I suggest the killing happen before birth?

If so, why?

No religious answers, please, so as to- by your argument- avoid anything morally incredibly offensive. And since K raised the issue: let's go one step further and say your answer must be scientifically founded, not founded in the humanities, belief systems or other a priori givens, as those are characteristic of religions (which are collections of same, along with metaphors, laws and history).

Science is a nice tool. I prefer to decide what task I put my tools to for myself, though, rather than letting the tools handle themselves. I alone decide what is moral by my own metric, and a society effects densification and cooperative gain by introducing laws that require moralities to have a certain level of compatibility.

That's higher level structure formation, a process that one can trace from the hypothetical subplanckian scale and up: the human mind, at its most coherent, is essentially a 350feV excitation, corresponding to a temperature of 8K or so, which is "some" orders of magnitude below say the electroweak transition at about a dozen octillion degrees, but presumably hotter than 'god' if 'he' obeys relativistic speed limits. Pun intended, of course.

From a human perspective, a question might be: should I be dealing with you, or yetanothernon, a particle that will likely disintegrate and reform in the local vacuum of your mind over the next few hours, as a quasiperiodic event that repeats until that system has reached equilibrium with its environment in an inglorious approximation of nirvana?

While I can acquire the math to do the latter, I prefer the former.

And religion does not have a monopoly of the incredibly offensive, or even the incredibly stupid. We do (humans). Religion just has a tendency to accumulate it because there are no checks or balances in the vast majority of religious groups. Which may be why Christianity, much as Judaism before it, proposed such checks and balances. Of course, those aren't too compatible with being a church/state union striving for dominance, so out they went and have yet to return. An oft criticized fact, that, and not without reason.

But a very human fact, derived from a very human process; cf. my tagline.

Health,
al-Aswad.



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We do.
" -- Rorschack, Watchmen.


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RE: Abortion and Religion - 4/19/2012 5:44:16 AM   
JanahX


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quote:

No it isn't. Until they're BORN, they don't have any legal rights. Period. Anyone who is telling you different wants to sell you "Pro-Life" merchandise...


QFT - Its totally legal for mothers to drink as much alcohol as they want to while they are pregnant. If fetuses had legal rights maybe someone, somewhere in this country would sue on behalf of the fetus for giving alcohol to a minor.

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