stebo0728 wrote:You sorta ping around there in your scenarios. Each of them play on emotional prejudice. Emotion has no place in law, only logic and reason.
I concur.
stebo0728 wrote:A woman gets raped. Right off the bat you have a plethora of issues surrounding the act. First and foremost, it was a violation of the girl's individual liberty, and is thereby punishable as a crime. Though I realize you were not questioning the status of the origination act. So the scenario becomes increasingly complicated as we deal with the result of this heinous crime. First, lets start by framing up the abortion argument the proper way. The issue of abortion is nothing more than a conflict of individual rights. A conflict that can only be decided down one side or the other, there's no middle ground. On one side, you have the rights of the mother to choose how she handles the workings of her own body. On the other side you have the rights of the fetus to life. Anyone who frames the argument any differently is either intellectually dishonest, or blinded by righteous indignation. My personal position on the issue is that all things being considered equally, the mother and the fetus being considered to be equal, the mother has the right at any point to reject the remaining portion of her pregnancy. However, this does not mean a blanketed right to the termination of life. At some point, generally 26 to 30 weeks, the fetus begins transitioning from sole dependence on the mother, to having the ability to function on its own. Its at this point that no one has the right to refuse that life a fighting chance. Generally in a rape case, we won't ever get to this point anyway, the mother will most likely have made her mid up quite early as to whether or not she wished to keep the child, or to at least carry it to term. Some may disagree, and as long as they are willing to accept that they are in fact refusing the rights of one part of the other, I can accept their position as legitimate.
Emotionally charged or not, you're still refusing the life of a child, which is against the law.
stebo0728 wrote:The religious refusal of treatment is admittedly a tough spot to be in. For one, I dont like government being the one to call the shots on these issues. Again you seem to have a crossroads of rights. The right to life for the child, and the right of religious practice of the parents. When the life of a child is at risk, the family should, at the very least, be able to provide first hand testimony of their religious leaders who confirm that the family is standing on the accepted tenants of the religion they are practicing. I say this because some of the cases I've read about involving christians, the family was acting solely on their own accord, not supported by their place of worship.
Religion has no say about law, and therefore should not interfere. They have taken the life of a child. Period.
stebo0728 wrote:The final scenario is a bit nutty. Again, emotionally charged, which is a recipe for misdirection. Perhaps being convicted is exactly what the family needs. Perhaps the man learns some new life skills while incarcerated, and is better able to provide for his family once his penance is served. Perhaps if the man had asked for help, from any number of sources, he would have received it, and would not have been driven to commit a crime. Perhaps the couple DOES find it in their heart not to press charges, but then again, perhaps the charge is high enough to be a felony, and the thoughts of the couple are irrelevant.
While this outcome is unlikely, it is also just as unlikely that the couple would decide to not press charges. He broke the law, he should be punished, regardless of how altruistic his intentions are.
stebo0728 wrote:I guess the overall theme, is when structuring law, emotion has little to no place in the equation.
If you remove emotion from the equation, you remove what makes us human.
There are only two things that define us as "higher functioning" and that is that we emphatically know we feel emotion and we have the free will to decide to do right, wrong, or nothing in any situation. Going to a pure law void of emotion reduces us to an almost entirely totalitarianism society or we could just use the laws of nature.