In regard to the issue of "a right to life," the very concept of "a right" implies to my mind some legal dimension. In the US, a pre-viable fetus literally does not enjoy "a right to life"--the woman upon whose body that fetus depends has the right to terminate her pregnancy of a pre-viable fetus (as well as to terminate her pregnancies for other reasons than mere pre-viability)
All good
I do admit as a non-american , I feel that Americans view rights with more of a legal lens rather than a moral lens (not that they are mutually exclusive). I've noticed that for many Americans the fundamental rights derive from legal documents such as the constitution. It is the constitution which gives the government the mandate to act in certain ways. This is a consistent approach, but I feel like it lacks explanatory power if it is distanced from morality. For example, if the "right to free speech" is simply a right because it derives from the constitution, then it doesn't actually explain why "right to free speech" is a fundemental right (nor does it give a convincing argument for it).
However, in my own assessment of rights, I think them to be moral principles (rather moral "ought not" principles). A right to autonomy, means that we as agents morally ought not to do an action which would disrupt the autonomy (i.e act against bodily, thought or property autonomy) of another individual (who holds that right). These rights are therefore
morally valuable. Then the next step is to assume, that the government has a strong mandate to protect these morally valuable rights (by which I mean prevent the disruption of, and prosecute those who disrupt them). That is why, when I argue for rights, I think the legal dimension is irrelevant, because it is dependent on and derives from the moral dimension. Those who argue from a legal/cultural dimension are called moral relativists (a philosophy that I have the uttermost spite for). For example, in 1939, the Nuremburg Laws in Germany defined the Jews' as subhuman members of society and as a result many of the fundamental rights would not longer apply to them. For me, this is an example of where legality can be wrong.
I also do recognize the differences of opinion that people hold on this matter However, I don't believe that abortion is an issue of women's rights at all. Rather it is an issue about whether a fetus has a right to life or not. There are generally two conclusions which I think are reasonable. The first (my conclusion) is that the fetus does have a right to life (based upon my definition of what constitutes 'personhood'). and abortion is a disruption of that right, and hence the government has a strong mandate to restrict it. The other acceptable argument is that fetus does not have a right to life (or rather they develop a right to life at a certain point in pregnancy) and they will reach their own conclusions based upon that (that abortion is permissible or permissible at certain points). These two positions are reasonable. This is usually the pay philosophers (whether they are pro-choice or pro-life, argue this).
The problem I have however, is with people who admit that even when a fetus has a right to life, still abortion is acceptable because autonomy>life. These people think that abortion is okay even up to the day before the child is born. For me this type of argumentation conflicts heavily with the moral intuitions we have today. Let me present an example. Let's say I am a mother and I have an infant. Now, while this infant is not inside me, they are still dependent on me for survival. I must sacrifice a portion of my income in order to buy food and other necessities for that infant (i.e my right of property is being disrupted in a sense). Also, as a mother, I also have to give my breast milk to that infant (if no other source is available) for her to survive. Now, would it be legally acceptable for me, to go out into the backyard and shoot my child as a means to restore my rights (of autonomy and property)? Most of our moral intuitions would say no, and if a parent did that, the state would treat that as murder. If the parent decided to withdraw the resources (and the child died as a result) then that would be considered child neglect by the state. I see no difference between this example and the example of pregnancy. That is why, I think that
if the unborn fetus has a right to life, then the government has a strong mandate to restrict abortion (with exceptions of course). The rights of the autonomy are irrelevant here.
A similar example could be given of a country. A country is like an individual in that it has the right of sovereignty (which is analogous to bodily autonomy of persons). Only the country can decide who to let into their borders and who they can kick out. Now consider the following situation. A refugee enters into a sovereign country without its permission, fleeing from danger (which would kill them, or harm them). Now, would it be acceptable for the country to exercise its right of sovereignty and kick the refugee out knowing that they will die if they lose the protection of the country? I (and many people) would argue no, we cannot act to
restore sovereignty/autonomy at the cost of disrupting the right to life. It is of a stronger imperative to
protect rights, then to
restore already violated rights. This scenario is analogous to pregnancy. If the fetus is unwanted, then the mother's right of autonomy has been violated (and the violator should be punished in the case of rape). However the mother cannot end the fetus' right to life (assuming she has it) in order to restore her autonomy, hence abortion is wrong (morally).
I actually have no problem with people who believe that a fetus doesn't have a right to life. They have taken their assumption to a reasonable conclusion. I however have a huge problem with people who assume that even though the fetus has a right to life, the mother's autonomy is more important. This is a view that if accepted sets an extremely dangerous moral (and legal) precedent.
(निताइ dasa, I must say that every time I read a post of yours, I'm just floored by the fact that you are only 18. You are invariably intelligent.)
Hahaha no need to flatter. I don't think I'm that intelligent. Most of my ideas and arguments come from others.