"Somethin's Goofy about that:
Posted on 02/08/2006 8:11:31 AM PST by AZRepublican
If a robber kills a pregnant woman, the court will recognize that a double murder has taken place. In other words, American law recognizes the fetus as a human being in such cases.
But if the same woman survives the accident and aborts the child a month later, the aborted fetus is regarded as nonhuman — no life has been lost under American law.
If the Ten Commandments are hung in a public building one way, the display is legal; but if they are hung in another way, it is illegal.
If an American robs a bank and later lives a good life before being arrested, his after-the-fact purity will not deter a court from identifying his crime, or from applying the appropriate punishment. But if an illegal alien (or "undocumented immigrant" to the politically correct) lives a good life before applying for admission to a Massachusetts college, some elected officials would ignore his illegal status and instead attempt to get him admitted at a discounted cost to a local college.
The point is this: If you are looking for consistency, you won't find it in American law. And it's getting worse all the time for one simple reason: America has detached itself from the ethical roots that are imbedded in the founding documents.
(Excerpt) Read more at ecnnews.com ...
Huh?
I guess attempted murder is an accident if the victim survives - makes perfect sense in an inane way...
I am sure the author intended to write the word "assault" and not "accident."
You have more faith in people than I do... :(
I'm not entirely sure one can treat the American "Founding Documents" as ethical sources. They're mainly focused upon rights, which are part of only a very rudimentary grammar for ethics. In my opinion, the real ethical legal tradition in America was common law.
The founding fathers recognized the importance of the idea of separation of powers. When the law is politicized, it becomes inconsistent and indefensible and judicial opinions become non sequiturs. George Orwell summed it up with the idea that 'some are more equal than others'. It also shows the inevitable conflicts in logic neo-liberal thought.
But if the same woman survives the accident and aborts the child a month later, the aborted fetus is regarded as nonhuman — no life has been lost under American law.
Sad but true. I wonder if the writer had Exodus 21:22-24 in mind when he gave his "robber" example.
One for the list maybe?
Modern law schools operate under the mantra of "lawyers have ethics not morals"
For example all general areas of law operate with a "model law" generally promoted by a branch of the ABA.
These "model laws" generally have no competition and are made to promote the agenda of teh ABA. (see domestic relations model code which allows homosexual "marriages" and considers children a mere accessory to a breeding pair of humans.)
It is rather disgusting and reduces the law to a mere piece of paper with no underlying principles other than mere power.
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