palerider
Well-Known Member
- Joined
- Feb 26, 2007
- Messages
- 4,624
The laws have always been written for "persons" - and what constitutes a "person" legally has changed throughout history. "Person" did not used to mean blacks, or women, or children or other categories of people. Do you deny that?
In the case of blacks, they were considered to not be human beings and thus not protected by laws written to protect human beings. Several supreme court cases stated flatly that they were not human, not that they were not persons.
Human rights denied to women and children have always had law written that identified who the right was being denied to, what right was being denied, and for what reason it was being denied.
The right to live is a human right, not a person right. Even the libs recognize basic rights as basic human rights, not basic person rights.
History, law, philosophy and cultural traditions have long seperated the idea of what "constitutes" a "person" from human being. Can you point to any laws, historical sources or traditions that label a blastocyst a person? Science itself is unable to accurately define a "person" though the consensus seems to be that there needs to be a certain level of neurological development.
The concept of person, once again, is a philosophical concept and the idea that a person and a human being are two separate things is just so much sophistry that has been used in an attempt to dehumanize human beings so that they may be done with as another group wishes.
And again, the nature of our law is such that for a right to be denied to a human being, that human being, or group of human beings must be identified, the right they are being denied must be identified, and why the right is being denied must be enumerated. Like it or not, that is the nature of our legal system.
And there is no consensus in the scientific community that neurological development is necessary to be a human being. "Personhood" is not the realm of science. Distinguishing persons from human beings is the realm of necromancers and gypsys.
Are there any laws that refer to constitutional protections for "human beings"?
Since the legal definition of "person" is "a human being" they are all written either for the protection of human beings or for human beings to follow.
I pointed out the error in your statement - in other words, the concept of personhood had nothing to do with abortion and far pre-dates the issue. Who's practicing sophistry here?
You didn't point out anything of the sort. What you brought was very old religious doctrine that expressed the belief that we aren't human beings until we have a spirit.
The law also defines persons as corporations. What of it?
Are you arguing that unborns are corporations?
The law didn't used to define blacks as persons. We had to add an amendment to get that.
The law said that blacks were not human beings, not that they were not persons. When it became undeniable that they were indeed human beings, it followed that they were persons deserving of the protection of the law. Read your history.
Maybe the use of literal legal definitions to support your position is flawed?
Using the actual definition of a word is flawed? Using words as they are meant to be used is flawed? Do you see how outrageous your argument has become. You are actually suggesting that using words incorrectly, which can't help but create flawed concepts is somehow the right way to express an idea.
Not at all. Typically, constitutional amendments are required to expand the definition of what is a "person".
Show me a constitutional amendment that describes the difference between a person and a human being.
I suppose you are referencing the 13th amendment with regard to blacks and slavery, but that amendment doesn't even contain the word person. Blacks were enslaved because the argument was made (and believed) that they were not human beings. Since they were not human beings, they could not be persons. It is simple as that.
Not at all. I'm pointing out your flaw in relying on the legal definition of a "person".
It is a flaw to rely on the legal definition when discussing the law and who the law protects?
What other definition has any merit? And would you like to see non legal definitions of words used in legal arguments to execute or imprison others besides the unborn?
It's not up to me to prove that something IS NOT - in other words, that all human beings are not persons. It's up to you - who make that argument - to prove that they are "persons".
I have. The legal definition of "person" is a human being. If you are not going to accept that, then you need to prove that they are not human beings, or prove with a valid legal argument that all human beings are not persons.
I forget the exact quote here or the person who stated it....but it goes something to this effect.
I could state that there is a teapot in orbit around the sun. But is too small to be detectable by any instruments. The burdon of proof is not on you to show that it does not exist but rather on me to show that it does.
And I have with the legal definition of "person". If you aren't going to accept that, then the onus is upon you to provide a legitimate alternative to an accepted legal definition.
You rely on a literal legal definition from a legal dictionary - but that two is flawed since it also can mean a corporation and on top of that it makes a distinction between "person" and "natural person".
Not in the eyes of the law. Both the natural person, and the corporate entity that may be viewed as a person enjoy the same legal protections. In order to deny those protections from either, specific legislation must be written to deny said protections.
You don't have an adequate definition of a person
You state all human beings are persons - I state not.
I have the accepted legal definition. What exactly do you have beyond some philosophical slight of hand?