Koldo
Outstanding Member
Most of you are probably aware of the violinist analogy being used in favor of the pro-choice position.
For those of you who don't know what I am talking about:
"You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist's circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you.[4]"
- source
The first reaction to this is generally along the lines of: it would be really messed up to be forced into that position. Right?
Why is the violinist argument noteworthy?
The violinist argument doesn't care if the fetus is a person or not, it states that even if it were a person it would be perfectly alright to proceed with an abortion.
Now here is my question: Should people, depending on the circumstances, be entitled to privileges (and even rights) in detriment to someone else's?
Because that's what this is all about in a quite extreme level. Someone's life is being saved in exchange for someone else's autonomy.
I will divide this OP in 3 distinct parts that are all connected:
1) The Concept of Isonomy
Isonomy is equality before the law. But we must distinguish between formal isonomy and material isonomy. Please, take a look at this image:
I know almost none of you speak portuguese, meaning you have no idea what is written. But don't worry, focus on the drawing.
At the left side you see what happens when everyone is treated the exact same way: everyone got one box but the person on the right still can't watch the game this way. This is an example of formal isonomy.
At the right side you can see what happens when everyone is treated according to their needs: everyone gets to watch the game, but not everyone gets to be granted a box. This is an example of material isonomy.
Formal isonomy is, at large, considered ineffective to handle social issues.
2) The Law
I don't know how it works in other countries but let me explain how it works here in Brazil.
Whenever you make a claim before the court you are supposed to prove it or at least attempt to do so, right? It is also like this in here but there are exceptions such as when it comes down to consumer rights. Let me provide an actual example: Consider you have bought a TV and find out it is not working... not working at all. How do you prove it wasn't working ever since you have bought it, rather than as a result of your misuse? That would be quite a complex and/or expensive task. For this reason, the consumer is presumed to be telling the truth if it sounds believable, and it is the manufactorer that bears the burden of proof.
Another example: If you are using public transportation, such as a bus, you are required by law, to get up if certain people, such as the elderly and pregnant women, want to take a seat and no other is readily available.
Yet another example: Affirmative actions. There is a reserved quota in public universities for black and poor students.
I think those examples suffice to show there are many cases where the laws already grants privileges to people under certain circumstances in detriment to someone else.
3) Responsibility and Biting The Bullet
There is a pretty huge problem in the violinist analogy in that the life threatening condition wasn't caused in anyway whatsoever by the person physically connected to him (or her).
But what if that was the case? What if the kidney disease was caused by the other person in question? Would it change anything?
To which I reply: Yes. If that way is the only way to achieve justice, of the restorative kind, I would most certainly support it.
Think about it for a moment: Sending people, for a problem they have caused, to jail entails reducing their autonomy. Then what exactly is wrong with reducing someone's autonomy if by doing so the problem this person caused can actually be fixed?
Not only that, the violinist is your son, or daughter. Don't parents have certain responsibilities over their children that other ordinary folks don't? Even if you don't agree with me in the former paragraph, why can't parents also have the responsibility, by law, to save their children's lives under certain circumstances, therefore resulting in a diminished autonomy?
In sum:
It is generally seem as perfectly alright to grant privileges when there is an underlying circumstance to justify doing so. This is necessary to prevent and/or fix social injustices. Banning abortion of a person is perfectly in line with that. (I am skipping the personhood debate here for the sake of the argument)
Also:
Please don't make arguments about personhood here. And no, I am not pro-life.
EDIT:
Okay, let me make one additional request. Let's debate about abortion on regular cases. Not rape cases, not when the life of the mother is in a major, out of ordinary, danger and so on. Let's debate about the rule rather than the exceptions, ok?
For those of you who don't know what I am talking about:
"You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist's circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you.[4]"
- source
The first reaction to this is generally along the lines of: it would be really messed up to be forced into that position. Right?
Why is the violinist argument noteworthy?
The violinist argument doesn't care if the fetus is a person or not, it states that even if it were a person it would be perfectly alright to proceed with an abortion.
Now here is my question: Should people, depending on the circumstances, be entitled to privileges (and even rights) in detriment to someone else's?
Because that's what this is all about in a quite extreme level. Someone's life is being saved in exchange for someone else's autonomy.
I will divide this OP in 3 distinct parts that are all connected:
1) The Concept of Isonomy
Isonomy is equality before the law. But we must distinguish between formal isonomy and material isonomy. Please, take a look at this image:
I know almost none of you speak portuguese, meaning you have no idea what is written. But don't worry, focus on the drawing.
At the left side you see what happens when everyone is treated the exact same way: everyone got one box but the person on the right still can't watch the game this way. This is an example of formal isonomy.
At the right side you can see what happens when everyone is treated according to their needs: everyone gets to watch the game, but not everyone gets to be granted a box. This is an example of material isonomy.
Formal isonomy is, at large, considered ineffective to handle social issues.
2) The Law
I don't know how it works in other countries but let me explain how it works here in Brazil.
Whenever you make a claim before the court you are supposed to prove it or at least attempt to do so, right? It is also like this in here but there are exceptions such as when it comes down to consumer rights. Let me provide an actual example: Consider you have bought a TV and find out it is not working... not working at all. How do you prove it wasn't working ever since you have bought it, rather than as a result of your misuse? That would be quite a complex and/or expensive task. For this reason, the consumer is presumed to be telling the truth if it sounds believable, and it is the manufactorer that bears the burden of proof.
Another example: If you are using public transportation, such as a bus, you are required by law, to get up if certain people, such as the elderly and pregnant women, want to take a seat and no other is readily available.
Yet another example: Affirmative actions. There is a reserved quota in public universities for black and poor students.
I think those examples suffice to show there are many cases where the laws already grants privileges to people under certain circumstances in detriment to someone else.
3) Responsibility and Biting The Bullet
There is a pretty huge problem in the violinist analogy in that the life threatening condition wasn't caused in anyway whatsoever by the person physically connected to him (or her).
But what if that was the case? What if the kidney disease was caused by the other person in question? Would it change anything?
To which I reply: Yes. If that way is the only way to achieve justice, of the restorative kind, I would most certainly support it.
Think about it for a moment: Sending people, for a problem they have caused, to jail entails reducing their autonomy. Then what exactly is wrong with reducing someone's autonomy if by doing so the problem this person caused can actually be fixed?
Not only that, the violinist is your son, or daughter. Don't parents have certain responsibilities over their children that other ordinary folks don't? Even if you don't agree with me in the former paragraph, why can't parents also have the responsibility, by law, to save their children's lives under certain circumstances, therefore resulting in a diminished autonomy?
In sum:
It is generally seem as perfectly alright to grant privileges when there is an underlying circumstance to justify doing so. This is necessary to prevent and/or fix social injustices. Banning abortion of a person is perfectly in line with that. (I am skipping the personhood debate here for the sake of the argument)
Also:
Please don't make arguments about personhood here. And no, I am not pro-life.
EDIT:
Okay, let me make one additional request. Let's debate about abortion on regular cases. Not rape cases, not when the life of the mother is in a major, out of ordinary, danger and so on. Let's debate about the rule rather than the exceptions, ok?
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