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PHIL 130 week 4, session 1 abortion controversy

by: KPR17

PHIL 130 week 4, session 1 abortion controversy PHIL 130

Marketplace > West Virginia University > PHIL 130 > PHIL 130 week 4 session 1 abortion controversy
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These notes cover session 1, topic 2 for the exam next week. There are 5 sessions for the abortion topic. This is mainly on the legal issues of abortion.
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This 2 page Class Notes was uploaded by KPR17 on Sunday September 18, 2016. The Class Notes belongs to PHIL 130 at West Virginia University taught by Wicclair in Fall 2016. Since its upload, it has received 10 views.


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Date Created: 09/18/16
Abortion Controversy, Session 1 Moral problem of abortion: When is abortion morally acceptable if for any reason and at what stages of fetal development?  Reasons acceptable at some stages may not be acceptable/work at others Legal problem: (similar to above problem) but including whether it is legally acceptable?  What is the law? o Currently the supreme court says that abortion is acceptable ***Originally the reasons for abortion laws was to protect the mother, as abortions were dangerous procedures where the benefits outweighed the risks. Now that abortion can be done relatively safely, what is the moral acceptability of the procedure? Roe vs. Wade (law that made abortion legal in the US) The Decision: First (1 ) trimester – Women can have an abortion any time in these first 3 months As long as it is performed by a qualified doctor, it is legal Second (2 ) trimester – Abortion is still legal, slightly tougher to get due to the mother’s safety rd Third (3 ) Trimester – Abortion is nearly impossible to get unless the mother’s life is in danger.  State can make it harder to get one; they can’t make it illegal but prevent it as much as possible th **(Due Process Clause – 14 Amendment, mother’s right to choose: “…nor shall any state deprive any person of life, liberty, or property without due process of law.”)** Know: Viability – potential of the fetus to survive outside of the womb, even if extensive medical treatment is needed The application of ideas on laws of abortion have changed over time: 1973-1992: Medical advances made a difference in legal views – viability could happen sooner, so nd 2 trimester rule changed – women had to wait 24 hours and receive papers and info about procedures and status of the fetus (court decided that 24 hours is not very long and would not infringe on the rights of a woman to make a decision) 1992: Pennsylvania – underage of 18 needed parental approval for abortion 1992 Provision (struck down) – if woman is married she must prove she told her husband 4 Main factors that court used for its decision – legal rationale 1) Pregnant woman has the legal right to privacy 2) The fetus is not a person 3) Interest in protecting prenatal life 4) Interest in protecting maternal health Right to privacy:  Nature of the right – right of the individual to be free of government interference – “umbrella” term  Scope of the right (these are rights that cannot be controlled by state, you are free to make decisions on these rights): marriage, decisions pf procreation, family relationships, contraception, child-rearing practices, abortion (the questionable one) o Rights of the constitution are not absolute, but cannot be taken away arbitrarily, though. Like with many laws, it does have its limitations State government cannot take away rights of the constitution Retain these rights barring certain circumstances – right to life, liberty, and property  What does this cover? (see above) 1964 – Connecticut proposed a law banning contraception  Rejected because state cannot require that people not use contraceptives **remember: right to privacy is an umbrella term **the basic human activities needed for living a decent life is within a very narrow scope


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