POS3691 Ch. 6 Questions PDF

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Cox ch. 6 questions and answers...

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Chapter 6 Extra Credit Review Questions 1. What information would an abortionist need to provide to an expectant mother in order to assure he had obtained her informed consent for an abortion? Would this information be the same for every patient? The abortionist must provide information regarding the risks involved in the procedure, which could vary on a patient-by-patient basis. The abortionist must ensure that the woman is competent. Abortionists who fail to do so may be liable to prosecution in the courts. 2. What does “mother’s health” mean? Does it include economic health? Emotional health? Explain. In a Newsweek article, John McCain states that the law does not specify which conditions or complications should be included in the legal definition of what constitutes a threat to the mother’s health. The decision is left up to the doctor. While “mother’s health” depends on the general feeling of well being, age, familial conditions, and psychological factors, it does not necessarily include economic factors. 3. What is a person? Should status as a “person” depend upon location? Should it depend upon age, development, or ability to survive without medical intervention? Explain. As stated in the question, there are many factors to consider when defining a “person”. According to Merriam-Webster, one definition of a “person” is the body of a human being. Status as a person should not necessarily depend on any of the mentioned factors. 4. If people may be prosecuted for a double murder when they are charged with killing an expectant mother and her unborn baby, does this mean that the fetus is a “person” when someone other than its mother kills it but is not a person if its mother wishes to abort it? Does personhood depend upon whether a child is wanted? Explain. In my personal opinion I don’t think this is acceptable. Personhood does not depend upon whether a child is wanted, if a person can be prosecuted for a double murder when they are charged with killing an expectant mother and her unborn baby, then the same should apply in an abortion. 5. Some abortions are unsuccessful, whether performed before or after “viability” (the arbitrary time that survival is deemed possible outside the mother). The fetus is born alive with varying degrees of disabilities or dismemberment. As a result, Congress enacted the Born Alive Infant Protection Act of 2002, which requires doctors to attempt to keep alive a fetus that survives an abortion. A. How would a logically-consistent pro-choice advocate propose to resolve a lawsuit by the unsuccessfully aborted child against the abortionist? They would probably aim to settle outside of court, likely requesting money due to the fact that they would be financially responsible for the child they did not originally plan on being financially responsible for. B. How would a logically-consistent pro-life advocate propose to resolve a lawsuit by the unsuccessfully aborted child against the abortionist?

I think it would be best to resolve this lawsuit outside of court, in a settlement of sorts. Due to the fact that it is legal for the mother to have an abortion I do not think that the unsuccessfully aborted child would have much of a case for lawsuit. 6. Various state legislatures have considered bills requiring administration of anesthetics to reduce the pain experienced by the fetus as it is being dismembered (in a D&C), dissolved (in a saline amniocentesis abortion) or as its cranial cavity is punctured (in a partial birth abortion). Lobbyists for the pro-choice and for the pro-life perspectives have addressed those bills with different philosophical views. A. Would a pro-life advocate be likely to support or oppose such a bill? Explain. A pro-life advocate would probably support this bill. I mention regretfully because it is another bill allowing for abortions. However, they would likely use this bill to change many people’s definitions of a human life. There would be no need for anesthetics if it wasn’t a human life. B. Would a pro-choice advocate be likely to support or oppose such a bill? Explain. Pro-choice advocates would likely oppose this bill. They wouldn’t want a bill to recognize any form of life in the fetus. 7. Would the answer to the question, “What is it?” be more important to a prolife or a pro-choice proponent? Why? It would be more important to a Pro-life proponent, because if you can get a person to see the fetus as a human life it is likely to change their decision. It is a lot more difficult to kill a human than a “mass of cells”. 8. Does Roe v. Wade seek to balance the rights of the mother with those of her unborn? Would a pro-life or a pro-choice proponent be more interested in balancing interests of the mother and the fetus? Explain. No Roe v. Wade is more about the rights of the mother. A pro-life proponent would be more interested in balancing the interests of the mother and the fetus because if the fetus is considered a human life an abortion would be a more complicated decision, both legally, and morally. 9. Some mothers have post partum depression shortly after giving birth. Should they have a right to abort their children then to promote their emotional health? Explain. In my personal opinion I do not believe that they should have a right to abort their children to promote their emotional health. There is plenty of medical help available for mothers. 10. When does “viability” begin? The court notes it is approximately the end of the second trimester. Does it vary from child to child? Does a fetus that is viable (and even in the process of being born) have any due process rights? Is viability a clear or workable standard? Why or why not? Viability begins between the second and third trimester, it varies from child to child, and it is the approximate time that the baby could survive outside the womb. It does have some rights, as the state has an interest in protecting the unborn life, and can even prohibit abortion except as necessary for mother’s life or health. Viability isn’t a clear standard because viability differs from child to child.

11. The Supreme Court noted strong disagreements among people as to when life begins. Which branch of government is better able to represent views of the people and to engage in research among various disciplines, the judicial or legislative? The legislative branch, it is necessary to listen to the people and research the subject before drafting laws. 12. Should an unsuccessfully aborted fetus born with varying degrees of dismemberment or disability have any legal rights? Against the abortionist? Against the mother? Immediately following the unsuccessful abortion it is necessary to attempt to maintain the life of the child. While personally I believe the child should have legal rights against both the abortionist and the mother, the law allows for abortions and therefore there are no rights. 13. Suppose the mother is in labor after nine months, and she and her doctor decide the stress of motherhood would be bad for her emotional or financial health. Do her emotional or economic health still have priority over the fetus’ rights when it is in the birth canal? No they do not, at that point in the pregnancy the only way an abortion is legal is if the mother’s life is in jeopardy. 14. Should someone’s status as a legal person depend on his or her ability to survive without medical intervention? What if a child is born with medical needs and requires a respirator to enable it to breath. Could the mother choose to abort it immediately after giving birth? Why or why not? In my personal opinion I do not think the mother should be able to abort the child immediately after giving birth. Especially when the necessary medical help is available for the child....