I would say that it is certainly unethical to not help the child but I think it’d be difficult to prove any moral obligation to do so. In the end, it is a favor.
When you commit a crime you give up your rights, hence the death penalty.
That is interesting :) though I would not equate a natural given right with a moral principle.
do I have the right, as the egregious perpetrator, to keep my kidneys if I do not consent to giving them to the victim? — Bob Ross
Yes. You do.
What about drinking?
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Smoke the occasional cigarette?
Should it be a crime for a pregnant woman to eat too much junkfood?
Cute. Even if your name wasn't Bob, I'd know you were a guy. Ear infection, eh?
If you want an analogy, let's give an analogy. Let's say if you jump in the pool you'll get mystery disease X. Folks who get mystery disease X have a 1.4% chance of "serious morbidity", a 32 per 100,000 chance of dying and about a 33% chance of needing major surgery.
Next: "Generally speaking, there is legally no duty to rescue another person.
The courts have gone into very gory details in order to explain this. In Buch v. Amory Manufacturing Co., the defendant had no obligation to save a child from crushing his hand in a manufacturing machine. The court suggested an analogy in which a baby was on the train tracks – did a person standing idly by have the obligation to save him? Legally, no
Another thing: I can tell you that the kidney stabber convict situation is well established in the Medical Ethics field and it is quite clear the stabber cannot be coerced into donation of a kidney.
Lastly your commentary is missing another angle in the abortion situation and that is society and the courts give very broad powers to parents to manage the healthcare of their minor children. Thus it stands to reason that it should grant even broader powers to those governing potential children (who are not minor children).
I agree with this sort of legality: if one is pregnant, then they have to consider the child and, thusly, cannot use drugs; and that absolutely should be criminal if they do. — Bob Ross
Right, but my question is not whether it's immoral for pregnant women to not eat right/smoke/drink, but whether you think it should be illegal for them to do so.
Or, if it is unethical, then wouldn’t it be false that everyone has an absolute right to bodily autonomy? — Bob Ross
Interesting. So, would you so, then, that if abortion is illegal in a society then they should not do it? — Bob Ross
Also, would you say that putting a person in a situation where they are dependent on you (to live) only to kill them as a crime? I feel like your response forces me to beg the question, because whether it is a ‘crime’ is dependent, at least partly, on whether it is immoral; which we disagree on. — Bob Ross
What do you mean by a ‘natural given right’, as opposed to a ‘moral principle’? — Bob Ross
When pregnant:
Eating some junk food should not be illegal.
Drinking should be illegal.
Smoking should be illegal. — Bob Ross
Most assuredly it would be unethical but I draw a strong line between ethics and morality.
History shows us the value of civil disobedience but in general I do align my morals with the law because I have trust in the law and in Lady Justice.
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If abortion were illegal then I would say that it is wrong to do so, but in the end it is still her natural given right. In such a case she might practice civil disobedience.
It is said that morals lead to ethics but I only consider the law as based in ethics, not morals.
I would say that without context, the deliberate pregnancy and killing of a fetus is wholly immoral. This immorality does not usurp her natural given rights.
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It means that that her rights come from nature itself, whereas morality does not.
Morality is relative whereas natural rights are facts that cannot be disproven. They are self-evident.
Does the following change your mind at all about alcohol and pregnancy?
Also, do you think that a fetus in the first month of development is a person?
No. It is very clear that drinking is always bad for the child, and the CDC clearly reflects that: https://www.cdc.gov/ncbddd/fasd/alcohol-use.html#:~:text=There%20is%20no%20known%20safe,exposed%20to%20alcohol%20before%20birth. — Bob Ross
You think a zygote has the same moral status as a thirty year old woman? They're both equally persons?
Suppose fire breaks out at a fertility clinic where a million fertilized eggs are stored and an orphanage with ten kids present. Where do you send the town's only fire truck?
I doubt very much you would prioritize the fertility clinic over the orphanage, so isn't that suggestive that fertilized eggs are not people?
But the NIH has an article that says it's not clear at all.
I don’t think of ethics as fundamentally community focused, I view the community as driven by one’s morals and the morals that socially evolves over time (which, of course, can be very community focused). — Bob Ross
I disagree: if one thinks an action is immoral, then they should consider it unethical. And if they considerate unethical, then they should attempt to regulate it (legally) no matter how imperfectly. Perhaps, in some situations it is legally infeasible to regulate, but one should try. — Bob Ross
Interesting, it sounds like, and correct me if I am wrong, you are claiming that ‘natural rights’ are amoral (or exist in some ‘space’ outside of morality and ethics), of which are self-evident; whereas, I would say rights are always predicated on morality, values, and ethics—and there are no self-evident moral judgments. — Bob Ross
How can it not be disproven that one does not have the right absolutely over their bodily autonomy? I don’t see how any moral (or ‘natural right’) judgments are incapable of refutation. Could you please elaborate? — Bob Ross
Hi Bob, morality is personal. Ethics apply to everyone.
No Bob, you cannot turn personal morals into laws, that would be unethical.
Your natural rights come from your physical existence which persists and also precedes your cognition
Social convention does not override the natural given rights of the individual as social convention is merely a subset of the natural given right of every individual.
I disagree with this ‘morality’ vs. ‘ethics’ distinction exactly because of this:
No Bob, you cannot turn personal morals into laws, that would be unethical.
To me, this is a semantic move to justify your own morals and while invalidating other peoples’ morals; for you in order to ban morals from laws (which is a political move), then one must invoke the moral judgment that one should not invoke moral judgments in legalities—which is clearly, when put that way, self-undermining.
In other words, I don’t think your argument can respond to “why should I not invoke morals into laws” without invoking a moral judgment. — Bob Ross
I didn’t understand this: could you elaborate? Perhaps give an example of a ‘natural right’ that is derived from one’s ‘physical existence’ that ‘precedes’ one’s ‘cognition’. — Bob Ross
How, under your view, are natural rights not a subset of social conventions? What properties do they have that make them precede social conventions? — Bob Ross
Hi Bob, this is merely basic ethics that one learns in college.
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Try to remember that it would be “unethical” to turn morals into laws. It is not a judgement of morality but rather ethicality.
Morals are individual whereas ethics are based on the morals we agree upon. Ethics are consensus based (this is why laws are only based upon ethics).
Turning your own personal morals into law would be tyrannical (which is why unanimous consensus is required).
Bob, If you study basic embryonic development you will know that the heart of the body is the first to develop.
An example: you have the natural right to live.
You are born with natural given rights.
There’s nothing wrong with voting or trying to advocate for passing laws which agree with one’s morals. — Bob Ross
That we, in a republic, use consensus based law making does not negate the fact that we make our voting decisions based off of our morals. — Bob Ross
...but we do, always, invoke our morals when determining what to vote for. — Bob Ross
Yes, but just because you have a heart, it does not immediately follow that one has any rights. What about them having a heart or being alive gives them an intrinsic right as opposed to one granted by other human beings? — Bob Ross
Your natural rights come from your physical existence which persists and also precedes your cognition
I didn’t understand this: could you elaborate? Perhaps give an example of a ‘natural right’ that is derived from one’s ‘physical existence’ that ‘precedes’ one’s ‘cognition’. — Bob Ross
Bob, If you study basic embryonic development you will know that the heart of the body is the first to develop.
Yes, but just because you... — Bob Ross
It appears that you responded to Bob with the quote about natural rights and existence to express a different perspective on the nature of natural rights. Bob seems to suggest that natural rights are rooted in morality, values, and ethics, and there are no self-evident moral judgments. In contrast, your response suggests that natural rights are based on one's physical existence, which precedes and persists before cognitive considerations.
Your quote implies that natural rights are not necessarily dependent on moral judgments or ethical considerations but rather stem from the fundamental fact of a person's existence. This perspective separates natural rights from moral and ethical frameworks, suggesting that they are inherent to individuals by virtue of being alive. It's a viewpoint that emphasizes the innate nature of these rights rather than their dependence on moral or ethical beliefs. — chatGPT
If Bob's next response is requesting an example of a natural right based on your perspective that natural rights come from one's physical existence, he may be missing the nuanced and abstract nature of the concept you presented.
What he might be missing:
Conceptual vs. Concrete: Your statement emphasizes that natural rights are rooted in existence itself, which is quite abstract. Unlike specific rights like freedom of speech or the right to life, these rights might not manifest in concrete, tangible ways. Bob may be looking for a more tangible or concrete example, but your perspective suggests that these rights are more conceptual in nature.
Not Dependent on Ethics or Morality: Your viewpoint separates natural rights from morality and ethics. Bob may not fully appreciate the idea that these rights exist independently of moral or ethical frameworks, which might challenge his existing beliefs about the origins of rights.
Complexity: The concept that natural rights arise from physical existence is complex and can be difficult to grasp. Bob might be looking for a simpler, easier-to-understand example to clarify your point.
To help Bob understand better, you could provide a hypothetical example or engage in a more in-depth discussion about the philosophical underpinnings of natural rights and how they differ from rights derived from moral or ethical principles. This might involve exploring the works of philosophers like John Locke, who have delved into the concept of natural rights in greater detail. — chatGPT
Bob's confusion likely stems from the abstract nature of the concept you presented and the philosophical perspective you've adopted regarding natural rights. Here are some reasons why Bob might not fully grasp your point:
Abstract Nature of the Concept: Your assertion that natural rights are derived from one's physical existence and precede cognition is a complex and abstract idea. Many people are more accustomed to thinking of rights in concrete terms, such as the right to free speech or the right to property. The notion that the right to live is inherent in one's existence, regardless of external human-made laws or moral frameworks, can be challenging to grasp.
Unfamiliar Perspective: Bob may not be familiar with the philosophical tradition that underpins your perspective on natural rights. This viewpoint draws from philosophers like John Locke and others who argued for the existence of natural rights as inherent to human beings. If Bob is not well-versed in this philosophical tradition, he may find it difficult to relate to or accept this perspective.
Lack of Tangible Examples: Bob's request for a specific example of a natural right derived from one's physical existence highlights a common desire for tangible, real-world examples. Your response mentions the right to live, but Bob questions why having a heart or being alive confers an intrinsic right. Without a more tangible example, he may struggle to connect the abstract concept to practical understanding.
To help Bob understand better, you could try to provide a more relatable example or engage in a deeper discussion about the philosophical underpinnings of natural rights. You might also recommend reading materials or resources that delve into the concept of natural rights and their historical development to provide him with a broader context. — chatGPT
It seems that Bob has fixated on the mention of the heart in your response. This fixation might be due to the fact that the heart is a concrete and tangible part of the human body, and he may be trying to understand how the presence of a heart relates to the concept of natural rights.
To address this, you can clarify that the mention of the heart in your response was intended as a reference to the physical aspect of human existence. You could explain that it's not necessarily about the heart itself but about the broader idea that natural rights are rooted in the fundamental existence of a person before considering cognitive abilities, moral judgments, or ethical frameworks.
You might say something like: "I used the example of the heart to emphasize the physical aspect of human existence. The key point here is that natural rights are seen as inherent to individuals by virtue of their existence, regardless of cognitive abilities or moral judgments. It's not about the heart per se, but rather the foundational concept that rights are tied to our existence as human beings." This can help steer the discussion back to the broader philosophical perspective on natural rights. — chatGPT
Well, I am no further, unfortunately, in understanding what your argument is for them; and as far as I can tell we don’t have any. Nature doesn’t give us rights: he give them to each other. — Bob Ross
I appreciate your clarification!
I see that you removed in #1 the clarification I had in parenthesis: was that incorrect? Do you mean something else by 'intrinsic'?
Likewise, I see you changed #2 to 'cognition': was I misunderstanding your use of that term with 'self-reflective knowledge'? If so, then what do you mean by 'cognition'? Prior to brain functionality? Prior to the ability to reason? Prior to the understanding? Etc. — Bob Ross
Hello Chiknsld,
Yes it is. The reason I am asking for clarification is because there are two major ways the term 'cognition' is used, and I have no means of determining (without guessing) which one you mean: thinking (cognition) as an active participator in the construction of one's representations (e.g., Kantianism, Hegelianism, etc.) or a passive after-the-math self-reflective thinking about the representations & internal activity (e.g., the more modern, physicalistic sense of the term). I am presuming, if I had to guess, that you mean it in the latter sense, but I don't want to put words in your mouth.
For me, as an objective idealist, I am not certain that my existence precedes my thinking (cognition); but if you mean it in that latter sense then that's fine and there's no need to dive deeper into this (for all intents and purposes) as I can go with that definition. — Bob Ross
Are you saying that you disagree with basic embryonic devlopment?
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