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To: tortoise
The reason a fetus is not a legal person now is because the English Common Law that is the basis of our legal system does not recognize a fetus as such. Indeed, in the first semester the Common Law does not recognize it as an entity separate from the mother for any legal purpose (in the second semester it has a provisional legal standing as chattel).

What about the fetal homicide laws?

43 posted on 10/21/2005 11:35:33 PM PDT by md2576 (Don't be such a Shehan Hugger!)
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To: md2576
What about the fetal homicide laws?

In what context? In the second semester the fetus is a provisional 'person', being the chattel of the woman as though it was one of her children. But in the case of a second semester fetus, it is only a crime against the woman and not society at large, and a woman cannot commit a crime against herself, whereas if you killed a born child it would be a crime against society as well.

No matter what position one has on this issue, the dividing line is somewhat arbitrary and ambiguous -- even "personhood at conception" has this feature. Therefore, any legal tradition on this issue will be a compromise of some type. It is important not to ignore that the Common Law has been refined in application for thousands of years, trying a lot of hard cases and edge cases, and the guidelines that were developed approximate the best guidelines for the largest number of legal cases. As always, there are many unintended consequences were one to change such guidelines, and setting radically "new" ones (every guideline you can think of has probably been tested in this system, at one time or another) by fiat is very likely to end up with a legal situation that is worse than what we have. Heavy-handed messing with the Common Law is likely to have the same consequences as when liberals do heavy-handed messing with the economy.

51 posted on 10/22/2005 9:13:15 AM PDT by tortoise (All these moments lost in time, like tears in the rain.)
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