Abortion term papers Disclaimer:
Overview[ edit ] In ancient times, abortion, along with infanticidewas considered in the context of family planninggender selection, population control, and the property rights of the patriarch. Then, as now, these discussions often concerned the nature of man, the existence of a soul, when life begins, and the beginning of human personhood.
While the practice of infanticide as a form of family planning has largely been eradicated in developed countries, birth control and abortion are still practiced; and their morality and legality continues to be debated.
While modern debates about abortion retain some of the language of these older debates, the terminology has often acquired new meanings.
Discussion of the putative personhood of the fetus may be complicated by the current legal status of children. Like children or minors in the U. Ireland, although this treatment was amended by the Abortion Act of in England, Scotland and Wales.
For example, the labels "pro-choice" and "pro-life" imply endorsement of widely held values such as liberty or the right to lifewhile suggesting that the opposition must be "anti-choice" or "anti-life" alternatively Should abortion remain legal essays or "pro-death".
However, these terms do not always reflect a political view or fall along a binary; in one Public Religion Research Institute poll, seven in ten Americans described themselves as "pro-choice" while almost two-thirds described themselves as "pro-life". Such appeals can generate confusion if the type of rights is not specified whether civilnaturalor otherwise or if it is simply assumed that the right appealed to takes precedence over all other competing rights an example of begging the question.
The appropriate terms with which to designate the human organism prior to birth are also debated. The medical terms " embryo " and " fetus " are seen by some pro-life advocates as dehumanizing  while everyday terms such as "baby" are viewed as sentimental by some pro-choice advocates.
The use of the term "baby" to describe the unborn human organism is seen by some scholars as part of an effort to assign the organism agency. This assignation of agency functions to further the construction of fetal personhood. In politics, rights are the protections and privileges legally granted to citizens by the government.
In a democracy, certain rights are considered to be inalienableand thus not subject to grant or withdrawal by government. Regarding abortion lawthe political debate usually surrounds a right to privacyand when or how a government may regulate abortion[ citation needed ].
There is abundant debate regarding the extent of abortion regulation. Some pro-choice advocates argue that it should be illegal for governments to regulate abortion any more than other medical practices. In general the right to privacy can be found to rest on the provisions of habeas corpuswhich first found official expression under Henry II in 11th century England, but has precedent in Anglo-Saxon law.
This provision guarantees the right to freedom from arbitrary government interference, as well as due process of law. This conception of the right to privacy is operant in all countries which have adopted English common law through Acts of Reception.
The Law of the United States rests on English common law by this means. Time has stated that the issue of bodily privacy is "the core" of the abortion debate.
The landmark decision Roe v Wade relied on the 14th Amendment, which guarantees that federal rights shall be applied equally to all persons born in the United States.
The 14th Amendment has given rise to the doctrine of Substantive due processwhich is said to guarantee various privacy rights, including the right to bodily integrity.
In Canada, the courts have located privacy rights in the security of persons clause of the Canadian Charter of Rights and Freedoms. Section 7 of that charter echoes language used in the Universal Declaration of Human Rightswhich also guarantees security of persons.
While governments are allowed to invade the privacy of their citizens in some cases, they are expected to protect privacy in all cases lacking a compelling state interest.
In the US, the compelling state interest test has been developed in accordance with the standards of strict scrutiny. Albert Wynn and Gloria Feldt at the U. Supreme Court to rally in support of Roe v. Abortion in the United States Roe v.
Wade struck down state laws banning abortion in Over 20 cases have addressed abortion law in the United Statesall of which upheld Roe v. Legal criticisms of the Roe decision address many points, among them are several suggesting that it is an overreach of judicial powers,  or that it was not properly based on the Constitution,  or that it is an example of judicial activism and that it should be overturned so that abortion law can be decided by legislatures.
Carhart as judicial activism. W]hatever the premises of opposition may be, only the most convincing justification under accepted standards of precedent could suffice to demonstrate that a later decision overruling the first was anything but a surrender to political pressure and an unjustified repudiation of the principle on which the Court staked its authority in the first instance.
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