Life and Law -- the Limits

Conflict among us requires law; limits imposed
on our individual freedom for the sake of all.
Must we legislate on behalf of a mother
and her the unborn child?

When my life bumps into yours and we affect each other, then perhaps the law should assert some constraints on our behavior. That's the general context of American jurisprudence, protecting the rights of persons where there freedoms overlap.  We share the roads, the airwaves, the marketplace, the schools, and more by law.

Courts struggle to apply the law to today's question. A person born in this country is a citizen and protected by the Constitution, but an unborn child just minutes away from being born isn't anything.  (Thirty-eight states do have laws identifying the killing of an unborn child as murder or equivalent.)

We're left to work with laws and rulings that have to be stretched to cover the questions.
For an unplanned pregnancy, the interests of the mother are acknowledged by all. She has a measure of autonomy when it comes to decisions she makes about her own body. The problem arises if her body is the shelter for another person.  We understand their needs, but only if both are persons do they both have rights.

Many have been persuaded that there is only one person involved, but that's not in the ruling.

The Supreme Court did not say that the unborn child wasn't a person.  Or that abortion was a constitutional right, or that it was moral or just.    

The last question ...

In its perhaps most controversial ruling, the court did allow for a "right of privacy" which it "discovered" in so-called "emanations" or "penumbrae" of our constitution. The consequences of Roe v. Wade have been culturally divisive and deadly.  

The court did not declare that abortion itself was a constitutional right, morally acceptable, or ethically appropriate.  What the court did say was, "We need not resolve the difficult question of when life begins ... the judiciary at this point ... is not in a position to speculate as to the answer." 

The court went further with a key admission:  "If this suggestion of personhood is established, the appellant's case [i.e., "Roe" who sought an abortion], of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."

If somewhere along the timeline from conception to delivery, 'personhood' begins, then a line is crossed.  Life does begin before birth of course, and we do have a problem. 

The extraordinary conflict is that everyone knows the child is alive and present before birth, but you can describe it in terms (like 'fetus') that allow you behave as though that were not a fact. Everyone knows. For the expectant woman with limited financial resources, the choice is offered, and she hopes she's doing the right thing.  There are life circumstances that can make that option a less difficult choice than the alternative.

Pro-life and pro-choice advocates agree, no one wants to have an abortion. No one wants to have an abortion, but circumstances along with today's imprecise legal definitions may encourage them to choose that path.

What if this application of the law was made more by preference than by understanding? 

You can read it all, beginning to end, if you care to know.

 Ethical resolution will come, one might hope, but it's unlikely to be an easy path.

Advantage

How might we maintain our advantage as we move forward?

It's an interesting question.

US Border Patrol agent looks over Tijuana, Mexico,
along the old wall at the US-Mexico border at the
base of a hill in San Diego, California.
(AP Photo / Gregory Bull)

In conversation with a sociology professor, we were wandering through the issue of the border and the extraordinary inequality it illustrates.  Those on the far side have little hope of achieving the level of opportunity they see just a short distance away.

Given the chance, the professor proposed, we should help, but perhaps only if we can avoid any loss, only if we can maintain our advantage.

Why would that be the condition required before we do something that helps?

If our kids were in a bind, we'd help.  If it was schooling, or if it was healthcare or food or shelter or safety, we're all in, regardless of the cost.  We'll help carry their burden.  But it's not our kids.  Or our country.

Do we need the advantage, though?  The millions who live in deprivation are not our enemies.  The ones who oppress them, however ... they're the problem.

When you think about it, that's always been the trouble both inside and between nations including our own.  Those who rule emerge from the rise of power and influence among the elite, the wealthy and influential.  Governments and industry tend to merge into a competitive creature whose goal is continuing advantage.  That's their definition of 'good', is it not; e.g, competitive advantage, economic advantage, military advantage, relational advantage, those are the 'good' outcomes.  Anything wrong there?

Today's political rhetoric illustrates the point rather well.  There are values that should perhaps be added to the equation.

From the Ice Age Until Now

Graphic by xkcd, my favorite webcomic.

I had to review the content of the graphic several times and pursue some details elsewhere

to see the content objectively.  I wasn't able to find any misrepresentation of the available science
apart from the recent NOAA scandal on the deliberate exaggeration of the rate of rise.  Fake news, it turns out.

There’s a common line among climate skeptics that "[t]he climate has always changed, so why worry if it’s changing now?" The first half of that sentence is undeniably true. Due to orbital wobbles, volcanic activity, rock weathering, and changes in solar activity, the Earth’s temperature has waxed and waned over the past 4.5 billion years. During the Paleocene it was so warm that crocodiles swam above the Arctic Circle. And 20,000 years ago it was cold enough that multi-kilometer-thick glaciers covered Montreal.


"What’s most relevant to us humans, living in the present day, is that the climate has been remarkably stable for the past 12,000 years. That period encompasses all of human civilisation - from the pyramids to the Industrial Revolution to Facebook and beyond. We’ve benefited greatly from that stability. It’s allowed us to build farms and coastal cities and thrive without worrying about overly wild fluctuations in the climate."  ~Brad Plumer

Angry at Government

A look at the run-up to the election, in case you were curious.

Most were angry with our government according to the poll last spring by the AP ...

... angry about immigration policy.
... angry about pointless congressional deadlock.
... angry about lies and lobbyists and moneyed interests being favored.
... angry about the economy and foreign trade deals and debt.
... angry about inequality and the wealthy elite.

It's not a recent phenomenon ...
Why would Americans be progressively more dissatisfied with politicians and government?




Note the trend since the turn of the century.


The difficult task is figuring out why.  Is it the president?  The trend spans the administrations of both parties.  It spans years of trouble in the international community and global change.

Can we point to things that might be common across these years?





Conservatives and liberals would perhaps blame each other, but the parties agree on their disapproval of Congress.  As a whole, Congress has been an impediment to reasonable policy and progress in addressing important issues; almost a dead end.  And angry people voted for change.

We're facing an interesting time, and many are truly frightened by the prospects.  There is nothing in our past that compares to today, of course, but there have been many difficult times.  The years following the world wars changed the nation, the years following Korea, Vietnam, and 9/11 changed the nation.  Everything has changed and continues to to do so, but we are a resilient nation, a durable people.  Perhaps the difficult times will provoke meaningful change for the better.  Many are praying that way.

It's perhaps worth noting that conflict continues unabated in the world, and it is largely economic.  The wars of conquest and empire from generations past have evolved into today's competition for wealth and advantage, and it continues both internally and on a global scale. That is perhaps much of what occupies government's attention these days ... becoming greater.  Not better or more honorable, not decent or upright ... just wealthier, more powerful, and economically bigger than the rest.

Any adjustments needed?

Classroom Exercise

Take a look at the graphic all the way to the end, then 
read the comments that were posted in response.

(Name removed) ·

New Caney, Texas

Nobody in the back row worked to get there. Not one.

Like · Reply · Mar 19, 2016 12:38am

👸
(Name removed) ·

Works at Pikey

He should have added that the students at the back of the class could have always aske to be moved to the front, but they chose not to. Someone taking advantage of things you don't is not "privilage", it is laziness on your part. THe students in the front row are not responsible for anyone but themselves, just like the students at the back. The only thing being taught here is blame shifting and laziness.

Like · Reply · Mar 16, 2016 7:44pm

(Name removed) ·

I love my White Male privilege.   The Privilege to be assumed a racist because of the color of my skin. The Privilge to be assumed to be sexist because I'm a male. The Privilege to accumulate tens of thousands in student loan debt because they gave the scholarships to lesser performing minorities based on the color of their skin or "heritage". The Privilege of being passed over on jobs because they need to fill quotas of women and minorities. The Privilege of funding all the welfare programs for poor people who aren't willing to work to better their situation, but would kill me if I walked down their street.

AND my Privilege to be blamed for everything that has ever gone wrong in the history of humankind because I'm a white male who broke out of my own poverty ridden childhood to become a successful member of society.

Like · Reply · Mar 16, 2016 12:32pm

______________

My own thoughts on the subject:

It's perhaps worth noting that conservatives often blame the behavior of the poor for their poverty citing drugs and alcohol, gangs and crime, and the 'sinful choices' folks make. Liberals often blame the rich for exploitation of the workforce, of resources, and their influence on government policies. Who's right and who's wrong? Both.

Poverty is complex with interrelated and unrelated causes. Society's responsibility is just to do their part. There's much that can be done to make a lasting difference. The first step is perhaps noticing that there's a problem, that inequality is systemic and deadly.

___________________________

And of course this one caught my attention:

👽👽
(Name removed) ·

University of Houston–Clear Lake

The students chose their seating. Much like people choose their plight in life. You want a handout and do not work to better yourself, then you have chosen to sit in the back.

Like · Reply · Mar 16, 2016 9:19am

How many ways can we duck the obvious message and its' association with today's reality?  While one might choose a seat in the classroom for a variety of reasons, I doubt any would choose poverty or deprivation for their families. I doubt that any would choose to live in a dangerous neighborhood where their children are exposed daily to violence and the drug culture. 

Having worked in several countries and circumstances, it appears that in general, the poor work harder than most, try harder than most, and are continually struggling for a way up and out for themselves and their children. Some made bad choices, of course, as is true of each of us and all economic groups without exception. The difference is the number and degree of impediments an individual faces as they attempt to improve.

As a general rule, poverty is not a choice; it's done to you.

____________________________________________

And perhaps the most insightful comment ...

❤   (Name removed)
·Clifton, New Jersey
You know, as someone that grew up in the suburbs to white parents (white step dad, but essentially my dad). I played sports and instruments and went to an amazing school where they knew my parent's first names w/o having to check my file.                                                                  I rebelled at 14 and decided to live with my black bio dad in, let's face it, the hood. I was suddenly surrounded by drugs and gangs and thieves, and girls that wanted to fight me for no reason.  My English teacher, most notably, was so amazed that I could read without help, as every other kid stuttered and stumbled over the simplest words when we were reading out loud. This is in HIGH SCHOOL.  These kids in the ghetto aren't taught that they can compete against white kids, they're taught that school isn't important and all they need to learn is survival in the jungle.		I know most people don't get a taste of both worlds, so maybe they don't understand, but going from a white school where they told me I could be president, or a rocket scientist, or whatever I wanted, to a school where they're like "omg you can READ", I truly understand how so few people can actually make it out of the hood. Their only role models are drug dealers and basketball players. I watched all my white friends prepare for college worrying about AP classes and SATs while my black friends were smoking weed and skipping class. You couldn't understand if you haven't seen it firsthand.                                                          I know this is long-winded but so many people truly don't understand how much harder it really is for people to make it out of an underprivileged situation.  I went from a straight A over achiever to a drop-out within a year of being in the hood because I couldn't take the violence, the feelings of hopelessness, and the harassment for "sounding too white" and having long hair.  It's not as easy as some might believe.       Like · Reply · 449 · Nov 22, 2014 2:37pm

Lend a hand

About one-fifth of adults globally have no formal schooling

Education makes the critical difference for young folks hoping to make their way forward, but it's difficult for many to achieve.  Developing countries struggle with a lack of skilled workers; they need their children to get education and specific skill training.  What's the hold up?

It's slowly getting better worldwide, but those on the fringe still struggle.

In one western Africa country, they've recently gone from four years up to six years of government funded education.  It's what they can afford to provide.  About 70% of children fail to complete the six years, however, and for those who do, high school costs are not covered and remain a significant hurdle.  Their economy means that from the start, the costs for fees and supplies and uniforms can be more than a household can manage.  School can be a long way from home, and transportation costs more.

The next to the last day of final exams in elementary schools,

the principal and teachers kick things off smiling.

The kids are polite, but not smiling as much;

these exams determine if they get to advance

to the next grade.  About 70% don't pass

beyond the 6th grade level.

So a bunch of us got together and chipped in, and kids get to stay in school.  Five in one family, four in another, three in another .... we started with nineteen.  Several have graduated from high school (the equivalent of college in their country).  Two have graduated trade school, one graduated from college.  One young lady is first in her class in the 10th grade now, and her mom is so proud!  Another and her sister are first and second in their classes in secondary school, which is a huge accomplishment.  These are kids we've met personally.  We're doing our best to support another 65 starting in a church school in Kenya.  A semester costs maybe $40 for elementary school.

If you'd like to help, you'd be welcome.  If you'd like to go see for yourself, they'll welcome you like they did us, and if you like, we can arrange introductions via local service organizations we know and approve.  :)

At the end of the road is the fishermen's beach where they launch their boats.

Too, there's the local church and school.  Home to some of the world's

nicest people, this small country in western Africa is one of

so many laboring to make their way forward from the

wreckage of colonialism, and now as

part of the globalized economy.