Re: Abortion Case Heads to the Supreme Court

2005-05-24 Thread Warren Ockrassa

On May 23, 2005, at 6:05 PM, Robert Seeberger wrote:


John D. Giorgis wrote:

In light of our recent abortion discussion, I'm wondering what some
of the Brin-L'ers here think of the NH law requiring that parents of
a minor be notified 48 hours before an abortion.Should this law
contain an exception if the health of the minor is at risk?


Perhaps not, but there should be an exception if the father of the
fetus is a family member (incest/rape).

The intersection of the subjects of abortion and incest is a pretty
sick neighborhood.


[...]

Yes -- once again there are exceptions which suggest that laws, which 
can't be created in such a way as to take into account all exceptions, 
can in enough circumstances cause sufficient suffering to lead to the 
conclusion that it would be best to eliminate the law in question 
rather than rewrite it.


Or, better still, not make the law in the first place.

There's a hell of a lot of heavy-handed moral authoritarianism in some 
US laws. Ludicrous penalties for pot possession come immediately to 
mind. We get insipid commercials with young adults prating about how 
drugs destroyed someone's future -- the self-righteous asses who make 
these ads refuse to admit that it's the *penalty* under *law* that 
destroys the future of a drug user, not the drug itself.


I sense a similar trend with abortion legislation. The best, the very 
best course of action to take is to keep the legislators the fuck out 
of the gynecologists' offices entirely. Any step toward regulation is 
likely to inflate rapidly and hand down endless and pointless misery on 
the heads of complete innocents.



I like to think the world is moving away from situations that allow
this kind of child abuse to occur. I'm probably wrong.


It's being forced under wraps, I think. That makes it *more* dangerous 
and *more* toxic.



The consideration of this subject causes  some internal turmoil for
me. On one hand I feel that kids like those I knew should never have
been born. On the other, I feel some guilt because I am condoning the
killing of innocents. And guilt again because I feel that those kids
were something less than human in ways that I recognise in every other
person I have known.


And it is these very thorny issues that I simply cannot accept are 
reconcilable with something so facile as judicial fiat. A simple 
definition of human does not exist, human rights are extremely 
plastic terms of convenience -- nothing more -- and one man's murder is 
another man's abortion of a child of incest.


There is no way that any kind of law can ever be written to deal with 
these kinds of issues. Which suggests to me that trying to develop such 
a law is an exercise in hubris and, ultimately, futility. While we're 
at it let's make it illegal to be stupid.



--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf

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Re: Abortion Case Heads to the Supreme Court

2005-05-24 Thread PAT MATHEWS



From: Warren Ockrassa [EMAIL PROTECTED]

Yes -- once again there are exceptions which suggest that laws, which can't 
be created in such a way as to take into account all exceptions, can in 
enough circumstances cause sufficient suffering to lead to the conclusion 
that it would be best to eliminate the law in question rather than rewrite 
it.


Or, better still, not make the law in the first place.


That's what judges used to be for, until the feds started making them toe 
some sort of line.





I like to think the world is moving away from situations that allow
this kind of child abuse to occur. I'm probably wrong.


It's being forced under wraps, I think. That makes it *more* dangerous and 
*more* toxic.


I think it used to be much further under wraps in midcentury than it is now. 
Today's willingness to speak up about such things has helped enormously.





The consideration of this subject causes  some internal turmoil for
me. On one hand I feel that kids like those I knew should never have
been born. On the other, I feel some guilt because I am condoning the
killing of innocents. And guilt again because I feel that those kids
were something less than human in ways that I recognise in every other
person I have known.


This reminds me of something written at then end of an essay back in the 
1930s - Dion Fortune was trying to understand why she was suddenly seeing 
young people who fit that description among her social circles. Her 
tentative verdict on the kids - that they were not fully human, but rather 
some sort of elemental. She added for what it's worth ... of the ones [I 
forget how many she said] whose circumstances of conception I know, their 
mothers were drunk at the time.
Aha! Run the ago of the kids against the start of Prohibition and the light 
dawns. Fetal alcohol syndrome. I wonder if that was going on here, as well?




And it is these very thorny issues that I simply cannot accept are 
reconcilable with something so facile as judicial fiat. A simple definition 
of human does not exist, human rights are extremely plastic terms of 
convenience -- nothing more -- and one man's murder is another man's 
abortion of a child of incest.


Man's?!?!?!?!



There is no way that any kind of law can ever be written to deal with these 
kinds of issues.


There is, but it can't deal in absolutes and excluded middles.

Just my $0.02

Pat


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Re: Abortion Case Heads to the Supreme Court

2005-05-24 Thread Warren Ockrassa

On May 24, 2005, at 1:13 PM, PAT MATHEWS wrote:


From: Warren Ockrassa [EMAIL PROTECTED]

Yes -- once again there are exceptions which suggest that laws, which 
can't be created in such a way as to take into account all 
exceptions, can in enough circumstances cause sufficient suffering to 
lead to the conclusion that it would be best to eliminate the law in 
question rather than rewrite it.


Or, better still, not make the law in the first place.


That's what judges used to be for, until the feds started making them 
toe some sort of line.


Heh heh. Is that really so new, though? The toe the line part I mean. 
I haven't been actively conscious of Supreme Court and other nominees 
for more than about a quarter century, and based on that I can't really 
judge history's facts, of course. I would be very surprised, however, 
to learn that this is a comparatively recent trend.


[Robert here]


I like to think the world is moving away from situations that allow
this kind of child abuse to occur. I'm probably wrong.


It's being forced under wraps, I think. That makes it *more* 
dangerous and *more* toxic.


I think it used to be much further under wraps in midcentury than it 
is now. Today's willingness to speak up about such things has helped 
enormously.


Well, except in cases where false accusations are made and the innocent 
are pilloried, or cases where -- if there's a risk a kid might talk -- 
murder is done to keep witnesses silent. The whole issue is just ugly 
and ... well, horrible.


Though on reflection, yeah, it does seem like there's more willingness 
to investigate, to prosecute, to attempt to address pain and heal 
minds. That's definitely an improvement.


And it is these very thorny issues that I simply cannot accept are 
reconcilable with something so facile as judicial fiat. A simple 
definition of human does not exist, human rights are extremely 
plastic terms of convenience -- nothing more -- and one man's murder 
is another man's abortion of a child of incest.


Man's?!?!?!?!


Or woman's, yes. I'm kind of a stickler about some things. I know 
English can be seen as inherently sexist in dealing with impersonal 
pronouns, but that's the way the language is constructed. So if the 
alternative is either to use a grammatically incorrect word (their or 
the ghastly hir in place of his, f'rinstance), or a tortuous 
formulation that is inclusive but too wordy (his/her), I'll probably 
go with the impersonal pronoun.


Surely you know I was paraphrasing the old saw One man's meat...

There is no way that any kind of law can ever be written to deal with 
these kinds of issues.


There is, but it can't deal in absolutes and excluded middles.


Right -- I think that's what I was suggesting. It can't be inclusive, 
it can't handle exceptions, and it would -- I think -- exacerbate 
suffering. Not much of an argument in favor of trying to produce any 
such law. :\



--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf

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Abortion Case Heads to the Supreme Court

2005-05-23 Thread John D. Giorgis
In light of our recent abortion discussion, I'm wondering what some of the
Brin-L'ers here think of the NH law requiring that parents of a minor be
notified 48 hours before an abortion.Should this law contain an
exception if the health of the minor is at risk?

Currently, our national abortion jurisprudence says that it should.

 http://www.cnn.com/2005/LAW/05/23/scotus.abortions.ap/index.html

JDG
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Re: Abortion Case Heads to the Supreme Court

2005-05-23 Thread Ronn!Blankenship

At 06:41 PM Monday 5/23/2005, John D. Giorgis wrote:

In light of our recent abortion discussion, I'm wondering what some of the
Brin-L'ers here think of the NH law requiring that parents of a minor be
notified 48 hours before an abortion.Should this law contain an
exception if the health of the minor is at risk?

Currently, our national abortion jurisprudence says that it should.

 http://www.cnn.com/2005/LAW/05/23/scotus.abortions.ap/index.html



And as long as health includes mental health, in practice any such law 
is invalidated, as a mental health type diagnosis can be based upon the 
opinion of one professional without any hard evidence from lab tests, etc., 
which is why some have the opinion that those who make such determinations 
do not and will not restrictions of any sort on abortions, thus they (the 
first group) say that they (the second group) defend all abortions.



-- Ronn!  :)


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Re: Abortion Case Heads to the Supreme Court

2005-05-23 Thread Robert Seeberger
John D. Giorgis wrote:
 In light of our recent abortion discussion, I'm wondering what some
 of the Brin-L'ers here think of the NH law requiring that parents of
 a minor be notified 48 hours before an abortion.Should this law
 contain an exception if the health of the minor is at risk?


Perhaps not, but there should be an exception if the father of the 
fetus is a family member (incest/rape).


The intersection of the subjects of abortion and incest is a pretty 
sick neighborhood.
When I was a teen a family (with 3 kids) moved in across the street 
from us. When it was revealed that the Father had gotten the daughter 
(12) preggers no one was surprised since it was commonly known that 
the daughter was doing her younger brothers. (These kids openly talked 
about this with sickening frequency. And I doubt you could have found 
a pubic hair between the three of them)
It was rumored that the parents were brother and sister. It was pretty 
obvious the rumor started because all three kids were complete and 
utter morons, not retarded actually (At least I don't think so), but 
so completely emptyheaded and oblivious and compliant that they would 
do pretty much anything someone told them to do. Seriously, I do not 
think these kids could ever forsee the outcome of their actions.
The wierd thing is, these kids were absolute innocents. I don't think 
any of them had the slightest glimmer of evil in them. They were kind 
of like talking cartoon animals in human bodies. And they are likely 
dead or imprisoned.

I like to think the world is moving away from situations that allow 
this kind of child abuse to occur. I'm probably wrong.
 The consideration of this subject causes  some internal turmoil for 
me. On one hand I feel that kids like those I knew should never have 
been born. On the other, I feel some guilt because I am condoning the 
killing of innocents. And guilt again because I feel that those kids 
were something less than human in ways that I recognise in every other 
person I have known.

xponent
The Lights Were On But No One Is Home Maru
rob 


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