Philosophical Detection: Rand Paul rewrites the constitution with religious legislation
Rand Paul has re-introduced his "Life at Conception Act" abolishing all abortion rights by decreeing that cells are "human persons" at conception.
The 'novel legal theory' on behalf of the anti-abortion rights agenda seeks to overthrow Roe v Wade and the lack of constitutional authority to prohibit abortions by arbitrarily asserting that cells are "persons" under 14th amendment "equal protection" of "the right to life of each born and unborn [sic] human".
He claims that his redefinition, which crushes the rights of actual human beings, "does not amend or interpret the Constitution, but simply relies on the 14th Amendment, which specifically authorizes Congress to enforce its provisions".
Paul's legislation would impose what he claims "most Americans believe and what science has long known - that human life begins at the moment of conception, and therefore, is entitled to legal protection". He does not cite what "science" has endorsed the claim that a cell is "entitled to legal protection" or what "science" endorses his equivocation between human persons and cells with human genes in a package-deal labeled "human life", foisted in the name of "most Americans". (A current conservative fad is to change the subject to "giraffes" and laugh at their victims.)
Moral concepts, including 'rights', apply to rational beings, i.e., human persons who must make choices, which are the facts which give rise to morality. They do not apply to cells and embryos. The notion that they do is religious mysticism attributing intrinsic characteristics as reified floating abstractions to be taken on faith. But Paul doesn't need to justify it in a world of anti-concepts and statism in which the illogic is intended to be enforced by the power of Congress out of an alleged "duty" to follow down a verbal rabbit hole (a.k.a. theocracy). Faith and force are corollaries.
Having wiped out the rights of real human persons with this change that isn't a change, Paul claims that "the right to life is guaranteed to all Americans [now meaning cells and embryos displacing actual Americans] in the Declaration of Independence[!], and it is the constitutional duty [sic] of all members of Congress to ensure this belief is upheld.
Conservatives who persistently claim to be "originalists" on the meaning of the Constitution have no qualms over changing the Constitution to impose religious duties that are not in the Constitution or the Declaration of Independence, and which played no philosophical or historical role in the founding of the country and our form of government. Human cells and fetuses were not discussed, let alone included under the Enlightenment "reason and the rights of man" or any discussion of constitutional authority. Entitlements to 'life' of cells at "conception" are a 19th century dogma of the Catholic Church. Perhaps they will next try to read it into the 1st Amendment under "the right of the people peaceably to assemble".
The contorted "logic" of these arguments employed in slippery political demagoguery proclaiming "constitutional duties" to violate the rights of people in the name of "the rights of all Americans" and "science" is a prime example of rationalism: It illustrates how rationalism verbally manipulates words as floating abstractions without regard for the meaning of concepts in reality, shifting meanings in passing from one end of a sentence to the other. It counts on a lack of understanding of concepts and objectivity for cognition.
The sales pitch for the "Life at Conception Act" illustrates how the verbal game, however serious and "sincere" in intention, is exploited in political maneuvers carefully crafted to manipulate people through rationalizing contradictory, religious mysticism in the name of logic and science to buttress a preconceived, religious political agenda -- taking us back to the medieval subordination of reason as a handmaiden to faith.
Most people can see through the sophistry behind the "Life at Conception Act" even if they don't see all the conceptual fallacies and grasp only that "something is fishy". It illustrates how Rand Paul's quirky arguments based on the cultural anti-conceptual mentality undermine support for his otherwise good policies, and discredit anything called "tea party" or "libertarian" in any sense of that word through a religious package-deal-coming-home-to-roost. It's an inevitable consequence of the philosophical and intellectual bankruptcy of the modern conservative movement undermining civilization and destroying the originally secular "tea party", no matter how much conservatives appeal to the rhetoric of "constitutional scholarship" and "proven traditions".
Press release: https://www.paul.senate.gov/news/pres...
Bill: http://www.paul.senate.gov/imo/media/...
The 'novel legal theory' on behalf of the anti-abortion rights agenda seeks to overthrow Roe v Wade and the lack of constitutional authority to prohibit abortions by arbitrarily asserting that cells are "persons" under 14th amendment "equal protection" of "the right to life of each born and unborn [sic] human".
He claims that his redefinition, which crushes the rights of actual human beings, "does not amend or interpret the Constitution, but simply relies on the 14th Amendment, which specifically authorizes Congress to enforce its provisions".
Paul's legislation would impose what he claims "most Americans believe and what science has long known - that human life begins at the moment of conception, and therefore, is entitled to legal protection". He does not cite what "science" has endorsed the claim that a cell is "entitled to legal protection" or what "science" endorses his equivocation between human persons and cells with human genes in a package-deal labeled "human life", foisted in the name of "most Americans". (A current conservative fad is to change the subject to "giraffes" and laugh at their victims.)
Moral concepts, including 'rights', apply to rational beings, i.e., human persons who must make choices, which are the facts which give rise to morality. They do not apply to cells and embryos. The notion that they do is religious mysticism attributing intrinsic characteristics as reified floating abstractions to be taken on faith. But Paul doesn't need to justify it in a world of anti-concepts and statism in which the illogic is intended to be enforced by the power of Congress out of an alleged "duty" to follow down a verbal rabbit hole (a.k.a. theocracy). Faith and force are corollaries.
Having wiped out the rights of real human persons with this change that isn't a change, Paul claims that "the right to life is guaranteed to all Americans [now meaning cells and embryos displacing actual Americans] in the Declaration of Independence[!], and it is the constitutional duty [sic] of all members of Congress to ensure this belief is upheld.
Conservatives who persistently claim to be "originalists" on the meaning of the Constitution have no qualms over changing the Constitution to impose religious duties that are not in the Constitution or the Declaration of Independence, and which played no philosophical or historical role in the founding of the country and our form of government. Human cells and fetuses were not discussed, let alone included under the Enlightenment "reason and the rights of man" or any discussion of constitutional authority. Entitlements to 'life' of cells at "conception" are a 19th century dogma of the Catholic Church. Perhaps they will next try to read it into the 1st Amendment under "the right of the people peaceably to assemble".
The contorted "logic" of these arguments employed in slippery political demagoguery proclaiming "constitutional duties" to violate the rights of people in the name of "the rights of all Americans" and "science" is a prime example of rationalism: It illustrates how rationalism verbally manipulates words as floating abstractions without regard for the meaning of concepts in reality, shifting meanings in passing from one end of a sentence to the other. It counts on a lack of understanding of concepts and objectivity for cognition.
The sales pitch for the "Life at Conception Act" illustrates how the verbal game, however serious and "sincere" in intention, is exploited in political maneuvers carefully crafted to manipulate people through rationalizing contradictory, religious mysticism in the name of logic and science to buttress a preconceived, religious political agenda -- taking us back to the medieval subordination of reason as a handmaiden to faith.
Most people can see through the sophistry behind the "Life at Conception Act" even if they don't see all the conceptual fallacies and grasp only that "something is fishy". It illustrates how Rand Paul's quirky arguments based on the cultural anti-conceptual mentality undermine support for his otherwise good policies, and discredit anything called "tea party" or "libertarian" in any sense of that word through a religious package-deal-coming-home-to-roost. It's an inevitable consequence of the philosophical and intellectual bankruptcy of the modern conservative movement undermining civilization and destroying the originally secular "tea party", no matter how much conservatives appeal to the rhetoric of "constitutional scholarship" and "proven traditions".
Press release: https://www.paul.senate.gov/news/pres...
Bill: http://www.paul.senate.gov/imo/media/...
Lifeless objects don't grow.
What I do find interesting, however, is how this differs significantly from Levitical proclamations. I guess they've changed things a bit in the last several millenia.
What is psychologically difficult and its degree depend on one's underlying values and rationality. All important choices should be approached with "depth of thought", but whatever difficulty someone may have in choosing anything, it does not imply "rights" for a fetus, let alone cells, and does not justify coercive intervention by government responding to religious pressure groups.
quirky ideas leaves voters with an uneasiness that he lacks common sense, including in foreign policy.
(1) the woman is under legally marriageable age (17 years old) or over 40; (2) the pregnancy is the result of prohibited relations or relations outside the framework of marriage; (3) the child is likely to have a physical or a mental defect; (4) continuance of the pregnancy is likely to endanger the woman's life or cause her physical or mental harm;
According to Halachic authority late term abortion may also be permitted in certain cases until the head emerges and even after if the woman does it herself.
A mother who self inflicts an abortion is not liable. Hence the morning after pill is fine.
An important factor in deciding whether or not an abortion should be permitted is the stage of the pregnancy: the shorter this period, the stronger are the considerations in favor of permitting abortion (Ḥavvat Ya'ir and She'elat Yaveẓ, loc. cit.; Beit Shelomo, ḤM 132).
In the holocaust abortion was permitted for any pregnancy because the Nazis were going to kill the mother who became pregnant.
Some strict sects of Judaism do not permit abortion but they are extremists and unreasonably masochistic in their interpretation of all Law. They should probably convert to Islam, which is more in line with their heresy. In fact some sects oppose Israel and work with the Iranians to end it.
By their fruits you shall know them.
Here is a link to all the salient points
https://www.jewishvirtuallibrary.org/...
Good description.When Libertarianism corresponds to Objectivism it seems like it might be a good political arm of the Objectivist philosophy until it goes off on those "quirkiness" tangents, which makes it sort of an impractical utopian theory.
Not only is the mind the important factor to determine the genesis of "life" but should also be the factor that determines when a person is done living.
End of life issues should be both an individual choice of a thinking person AND the determining factor to pull the plug when brain activity has ended.
Late term abortions are very difficult psychologically for the mother and should be approached with the utmost depth of thought. Unless the unborn is a sub-normal (!) I use Ayn's phrase)
Rights are a moral concept pertaining to human persons in recognition of our nature as rational beings who must think, choose and act in order to live. Rights are principles, not mystic intrinsic essences. The concept of "rights" does not pertain to cells or anything else on any planet just because it is some form of "life" without regard to what it is.
Whether or not any particular advocate of the 'rights of cells' nonsense adheres to any specific religious dogma or variation on a supernatural god, the general approach of ascribing intrinsic essences, in place of objective principles based on relevant facts, is religious thinking. It is mystical by nature and dates back to Plato's systematic formulations of such thinking.
The concept of rights does not apply to cells and fetuses. This has nothing to do with "self sufficiency" and "eugenics". Those with no understanding of the nature and source of rights and their status as objective principles, not mystic 'intrinsic' essences and confused and arbitrary rationalism, have no business pretending to defend human rights and freedom at all.
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