PHIL 102 Lecture Notes - Lecture 8: Incest, Roe V. Wade, Ensoulment

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Supposedly discourages illicit sex: if you were pregnant and not married can"t hide it. Abortion is a medical procedure: originally hazardous for women, prior to antiseptic people didn"t know about bacteria. Doctors deliver and not wash hands: safer to get an abortion than it was to deliver a baby, 1st trimester mortality is relatively low. State has no legitimate interest therefore women"s rights trump. Protecting pre-natal life: didn"t say fetus has rights, fetus in 1st trimester isn"t viable (can"t live outside the women, 2nd trimester certain requirements can be stated. Quickening = movement makes fetus have life (ensoulment) Technology advance to get viability earlier and earlier: viable fetus you can prohibit abortion. When fetus feels pain it has a right to life. Constitution defines persons as born or naturalized in the united states: born is what settles it, acceptations hen fetus is due to rape.

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