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It is a melodious note in the ear of common sense that should be played
before the silent masses of rational people everywhere. Its offering of common sense, logic, and proven principles upon
which our laws have steered us successfully from the edges of moral abyss,
certain chaos, and societal collapse, and some would say, Supreme
Judgment, is rich for thought and discussion. Of particular note are the
quotes of Cardozo concerning the logical ends of law and Blackstone's
observations of English common law.
We are in agreement that abortion should be seen as more immoral
than prostitution, since prostitution's guilt is defilement of life, and
abortion's: total denial of life. Not to make a case for, but
prostitution's moral cost to any society cannot begin to compare to that
of abortion. Who knows what life, or lives, had they been allowed to
live, may have been a Godsend in any area beneficial to all mankind. Who
can say from what ranks among us might have arisen a new champion, or one
that would have made a difference just where we live! After all, isn't
that the age-old struggle of any civilization: man reaching out to man,
the brotherhood of all mankind?
After reading this article you might want to view our study on the subject
of when life begins.
- Ken Livingston, July 1995.
Abortion to prostitution: Taking Roe v. Wade to its logical conclusion
- by Paul Craig Roberts
The
late Supreme Court Justice Benjamin Cardozo said that law unfolds to the limits of its logic. This is now happening to Roe vs.Wade.
In 1973 and again in 1992, the Supreme court upheld abortion on the
grounds that a woman has a fundamental right of privacy to control the
use of her body. The court spoke of the "urgent claims of the woman
to retain the ultimate control over her destiny and her body" and
affirmed that "personal decisions that profoundly affect bodily
integrity, identity and destiny should be largely beyond the reach of
government."
This broadly based ruling is now impacting elsewhere.
A Florida woman calling herself "Jane Roe II" has
challenged the constitutionality of Florida's law against prostitution.
She states her case clearly and logically: If a woman's right to control
the use of her reproduction organs permits her to enter into a cash
transaction with an abortionist, then how can this fundamental right of
privacy not apply to other transactions involving her use of her body?
Some might reply that prostitution is illegal, but so was abortion
until the court declared it a constitutional right. Others might say that
prostitution is immoral. But this argument also goes nowhere. In his book
"Crime and Punishment in American History," Lawrence Friedman
wrote that abortion has been against the law and restricted with greater
intensity for more of our history than prostitution, reflecting social
norms that abortion, viewed as infanticide, is more immoral than
prostitution.
In exercising her right to abortion, the woman also impacts the
"bodily integrity, identity and destiny" of the fetus by
obliterating it. The unborn is not a consenting party to the transaction. In contrast, prostitution is entirely an act between consenting parties that does not impact the bodily integrity, identity and destiny of a third party.
Under the privacy right ruling of Roe vs. Wade, prostitution is
obviously within the woman's rights to control the use of her own
reproductive organs. This privacy right can only expand. It is legal
nonsense that privacy conveys the right to abort, but not the right to
ingest drugs or engage in sodomy.
The Supreme Court has put the country in this conundrum because the
1954 Brown vs. Board of Education desegregation ruling created a precedent
for the court to base its rulings on sociology and not law. In their book
about the Supreme Court, The Brethren, Bob Woodward and Scott
Armstrong document the sociological basis of the court's abortion
decision. Rather than consult the law books in his court chambers,
Justice Harry Blackmun concocted Roe's "right to privacy"
rationale in the Rochester, Minn., library of the Mayo Clinic, where he
immersed himself in the latest sociological and medical writings on
abortion.
An argument can be made that law should follow the practices of
people and, therefore, take guidance from sociology. However, genocide is
also a human practice, and if sociology evicts the moral dimension of law,
there can be no more Nuremberg Trials.
According to William Blackstone, the genius of English common law
was that it mirrored the behavior of people who were infused with the
spirit of Christ. In an amoral climate, decisions based on sociology will
overturn traditional law.
The Supreme Court's sociology-based rulings will give us more than
the justices bargained for. More than abortion, prostitution and drugs
will become rights. Already some judges are viewing racial rage is a
mitigating factor in racial murders.
Federal Appeals Court Judge Rosemary Barkett interpreted the murder
of a white by a black as a "social awareness case." The murder
"was effectuated to focus attention on a chronic and pervasive
illness of racial discrimination and of hurt, sorrow an rejection....The
victim was a symbolic representative of the class causing the perceived
injustice."
From the sounds of this, judicial sociology is coming close among
some to running away with the laws against murder, too. As Blackstone
noted, if judges substitute their feelings for law, as many different
rules of action would be "laid down in our courts as there are
differences of capacity and sentiment in the human mind."
The result, he said, would be the "most infinite
confusion," a result we now have. It will be interesting to watch
the court sort out on the basis of Roe vs. Wade why it is legal for a
woman to contract for a vacuum, but not a penis, to be inserted into her
sexual organs.
- Paul Craig Roberts, former assistant secretary of the U.S.Treasury,
is chairman of the Institute for Political Economy, a distinguished
fellow of the Cato Institute.
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