The law is not in the habit of forcing people to perform major, life-threatening sacrifices on behalf of specific other people because of conditions which obtain accidentally, except in the case of pregnancy. There is no precedent I am aware of elsewhere in first world law for such a requirement.
Now you could, I suppose, argue that pregnancy is just special somehow, but it would be a very hard argument to sustain. There are lots of conceivable situations in which one person's life depends on the actions of another but the law does not, in general, force us to make great sacrifices to save others. You could argue that the fetus and the mother have some kind of special moral relationship, but I don't think you could do so consistently without begging the question.
Kevin,
I don't disagree with this, or most of anything else you've said here. I do, in fact, think that anti-abortion laws go too far in their infringement on a woman's right to make decisions regarding her own body, and equally importantly, to make decisions about whether to start a family. Certainly the restriction of liberty imposed by such a law is substantially greater than that imposed by laws requiring citizens to pay taxes; I can't think of a law that goes as far in restricting personal liberty as an anti-abortion law does, either. (Although it is important to note that there are arguably two persons with interests in a pregnancy, the mother and the fetus, which makes pregnancy and abortion something of a special case to which no good analogies can be drawn. Personally I favor permitting abortion in most circumstances, but I think that a reasonable argument can be made in good faith for the other side as well).
But the debate that jj and I are having is not whether laws prohibiting abortion are a good idea-- we both agree that they are not. What we're arguing about is whether a law prohibiting abortion would be such a gross invasion of the woman's liberty that we would be justified in calling it a condition of slavery. This proposition I find to be a gross hyperbole, which disconnects the rhetoric of the abortion debate from reality while cheapening the suffering of the human beings who have been subjected to the actual, dehumanizing experience of slavery.
Which leads me to the one part of your post with which I do slightly disagree:
It depends what you mean by slave. It is certainly not equivalent to 100%, 24-hour slavery with no free will. It is a lot more like slavery than anything else we inflict on civilians as a result of accidental conditions. I think "slave" overstates the case a little, but not outrageously.
First of all, I don't think it's true that being forced to carry a child to term is more like slavery than anything else we inflict on civilians as a result of accidental conditions-- what about criminal imprisonment? Prisoners are subject to conditions that are probably most analogous to slavery. Of course you may object that prison terms are not inflicted due to "accidental" conditions, to which I have two responses. First, again, (except in cases of rape), pregnancy is not an entirely "accidental" condition, either. Precautions may fail, of course, but it's not the case that a woman just wakes up pregnant one day without having taken any affirmative steps leading to that condition. (Please note that I am not making any implication of
moral blameworthiness here-- as I've said in other posts in this thread, I think that notions of moral desert or blameworthiness often arise in these conversations, but are really not helpful to the discussion.) Secondly, people can and do serve prison terms for truly accidental situations-- criminally negligent homicide is a felony, as are any number of other crimes that may be committed unintentionally.
Secondly, and more importantly, I disagree with you in that I think the suggestion that a pregnant woman who is prevented from having an abortion is a "slave"
is, in fact, an outrageous overstatement, largely for the reasons I have discussed in this post and elsewhere. There is simply no comparison between a human being who is forced to live his or her entire life as the legal property of another, and a woman to is "forced" by law to endure the consequences of her own actions for a period of months. This is the sort of outlandish and unreasonable rhetorical exaggeration that causes arguments about abortion to become so emotionally inflamed, thereby making reasonable compromise all the more difficult to reach. As someone on the same side of the abortion question as jj, I find his slavery analogy utterly irresponsible and unfounded.
I have no idea why it's so hard to see something this plainly obvious. Dillon started with a truly ridiculous straw man, claimed it was my position, and has been going at his own straw man ever since. Ergo, there's no point in me arguing with him. His points are not telling, they are irrelevant. His issues are not mine, they are his. His refutation is of his own straw man. He is arguing with himself, and including me only as the ostensible butt of his straw man.
jj,
You have made this claim several times already, and several times I have entreated to you articulate your position and respond to my specific objections. Over and over again you do nothing but cry "straw man!," while never explaining precisely
how I am mischaracterizing your view or attempting to correct my understanding of it. Once again, I ask you to respond to the questions and specific objections in my previous posts. Simply crying "straw man" neither enlightens us as to your view nor rebuts my criticisms of it.