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utsfl:classroom:seminars:pba210h [2013/11/25 15:25] – integrated material from CCBR classroom and criminal code balleyne | utsfl:classroom:seminars:pba210h [2023/06/12 09:06] (current) – [The Response] mmccann | ||
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====== PBA210H: Bodily Autonomy ====== | ====== PBA210H: Bodily Autonomy ====== | ||
+ | FIXME clip from movie Up | ||
+ | FIXME story of gas station, kid getting into wrong car and guy driving away | ||
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* [[http:// | * [[http:// | ||
* Addressing Bodily Autonomy and duty of care in parent/ | * Addressing Bodily Autonomy and duty of care in parent/ | ||
- | https:// | + | {{youtube>WkLzpLjizrc}} |
===== The Objection ===== | ===== The Objection ===== | ||
+ | ==== Basic Form ==== | ||
+ | * Objection: Shouldn' | ||
+ | * Response: How would she refuse? Does an abortionist have a right to violate the child' | ||
+ | |||
+ | ==== More Sophisticated Form ==== | ||
This objection attacks the first premise (that it's always wrong to directly and intentionally killing an innocent human being); abortion is permissible because pregnancy involves an extraordinary act on behalf of the mother. | This objection attacks the first premise (that it's always wrong to directly and intentionally killing an innocent human being); abortion is permissible because pregnancy involves an extraordinary act on behalf of the mother. | ||
> Suppose that you are in need of a kidney transplant in order to survive, and that your mother is the only person in the world who is a physical match, meaning that she is the only person who can provide you with a kidney and hence preserve your life. Do you have a right to your mother’s kidney? | > Suppose that you are in need of a kidney transplant in order to survive, and that your mother is the only person in the world who is a physical match, meaning that she is the only person who can provide you with a kidney and hence preserve your life. Do you have a right to your mother’s kidney? | ||
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===== The Response ===== | ===== The Response ===== | ||
- | * __Key question__: **What is the nature and purpose of the kidney versus the nature and purpose of the uterus?** | + | {{youtube> |
+ | |||
+ | - __Key question__: **What is the nature and purpose of the kidney versus the nature and purpose of the uterus?** | ||
* __Function of kidneys versus uterus__: Kidneys exist //in// a body, for that body. The uterus exists around a body (a pre-born child' | * __Function of kidneys versus uterus__: Kidneys exist //in// a body, for that body. The uterus exists around a body (a pre-born child' | ||
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* Maintaining pregnancy is simply doing for a pre-born child what parents must do for a born child—it' | * Maintaining pregnancy is simply doing for a pre-born child what parents must do for a born child—it' | ||
- | | + | |
* With the kidney, if nothing is done, one person dies; in the pregnancy, if nothing is done, no one dies. | * With the kidney, if nothing is done, one person dies; in the pregnancy, if nothing is done, no one dies. | ||
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+ | * Katie S: "The right to life is a restriction from directly killing an innocent human being. It is not the right to be kept alive at all costs. They must not be confused. Refusing blood donation is okay, because nobody has the right not to die, however, abortion directly and intentionally kills someone, which violates the right to life. So, the right to life doesn’t force us *to* do something, it prevents us from doing something (killing)." | ||
+ | - FIXME Stephanie' | ||
+ | - FIXME is this the right place for this argument? __Dependency implies an // | ||
+ | * [[http:// | ||
+ | * Chesley Sullenberger, | ||
+ | * Captain Francesco Schettino of the Costa Concordia abandoned ship | ||
+ | > Using power responsibly is what the world saw in January 2009 when Chesley Sullenberger (" | ||
- | ===== Recognition of this duty in law ===== | + | FIXME in dialogue: important to establish whether PCer thinks embryo is a person (funny video mock dialogue from SPL https:// |
+ | ===== The Law ===== | ||
It's not sufficient to say that there' | It's not sufficient to say that there' | ||
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* (ii) is unable to provide himself with necessaries of life. | * (ii) is unable to provide himself with necessaries of life. | ||
* //with some exceptions in Section 2 if the person' | * //with some exceptions in Section 2 if the person' | ||
- | * [[wp>Duty_to_Rescue]] in some jurisdictions | + | * [[wp>Duty_to_rescue]] in some jurisdictions |
* e.g. Quebec Charter of Human Rights and Freedoms: "Every human being whose life is in peril has a right to assistance...Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason." | * e.g. Quebec Charter of Human Rights and Freedoms: "Every human being whose life is in peril has a right to assistance...Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason." | ||
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- | * [[http://www.unmaskingchoice.ca/training/classroom/use/power|Using Power Responsibility]]: | + | ===== Absolute Bodily Rights ===== |
- | * Chesley Sullenberger, US Airways flight | + | FIXME should this go here? Or under Thompson? |
- | * Captain Francesco Schettino | + | |
+ | Some argue that the right to bodily autonomy is absolute and extreme, that a woman should have a right to do whatever she wants to her body or to ingest whatever she wants, regardless of whether or not there is another human body within her womb. | ||
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+ | Most people don't accept this view though. | ||
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+ | | ||
+ | * [[wp> | ||
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+ | However, | ||
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+ | Some possible responses: | ||
+ | * There are a ton of different ways distinctions could be made or laws could be crafted | ||
+ | * First, it's //very// easy to distinguish between performing a surgical | ||
+ | * Second, let's look for useful references in existing law | ||
+ | * How do we handle the legal responsibility for ingesting dangerous amounts of alcohol with respect to drivers? | ||
+ | * Bartenders have a responsibility to cut people off | ||
+ | * There are regulations around blood-alcohol levels | ||
+ | * May or may not be relevant, because people | ||
+ | * How do we handle | ||
+ | * Ingesting some things can be harmful to children when breastfeeding. How does the law handle this? | ||
+ | * Just because something is harmful doesn' | ||
+ | * Third, we don't need to have all the answers. We can clearly identify some cases that ought to be illegal (e.g. a surgical abortion), and others that perhaps should not be illegal, and many in between. The pro-life position is that pre-born humans should have human rights too, but there' | ||
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+ | FIXME interesting article on the difference between the "right to refuse"/ |