Irresponsibility and Abortion in Nicaragua

by Ingrid Robeyns on November 2, 2006

I’m a few days late with this, but still wanted to write a short post about the “total ban on abortion in Nicaragua”:http://news.bbc.co.uk/2/hi/americas/6089718.stm. Abortion is now a criminal act under _all_ circumstances, including when the life of the mother is in danger, or when the pregnancy is the result of rape or incest. There was not a single member of the Nicaraguan parliament who voted against the proposal, which has been explained by the fact that there are elections coming up soon, and no political party wanted to allienate the Catholic voters.
From a moral point of view, abortion is a very difficult issue for most people — also for the non-religious. But how can one vote for legislation that forces women to give birth to a baby that is the result of rape or incest? Surely those parliamentarians must not have the faintest idea of what rape and incest does to the life of a girl or a woman. And even worse, how can one take responsibility for legally forcing women to continue a pregnancy if it is likely that both the mother and the foetus will die?
Moreover, from a pragmatic/political point of view it’s clear “what will happen”:http://www.guardian.co.uk/international/story/0,,1932576,00.html. Girls and women from rich families will go to Cuba (where abortion is legal), and those from poorer families will have illegal (read: unsafe) abortions. The best road to minimising the number of abortions is not to criminalise them, but rather to acknowledge that, whatever degree of (religious) moralising, most people will have sex anyway; to make contraceptives available; and to support women who are faced with an unwanted pregnancy so that they have effective choices between different options, and that, if they choose for abortion, they will have it as early as possible in the pregnancy and under safe circumstances. And let’s hope that no other countries follow this irresponsible move by the Nicaraguan parliament.

{ 1 trackback }

a dude somewhere… » Blog Archive » Irritated optics
11.02.06 at 11:37 am

{ 76 comments }

1

Dylan 11.02.06 at 6:25 am

The best road to minimising the number of abortions is not to criminalise them, but rather to acknowledge that, whatever degree of (religious) moralising, most people will have sex anyway; to make contraceptives available; and to support women who are faced with an unwanted pregnancy so that they have effective choices between different options, and that, if they choose for abortion, they will have it as early as possible in the pregnancy and under safe circumstances.

What?!? With the exception of making contraceptives available none of this has anything to do with minimizing abortion in any way, let alone “best.” I also take it that by “best road to minimising” you mean “causing no inconvenience” rather than caring at all about minimization. Which is fine, but dishonest.

2

Sk 11.02.06 at 6:33 am

Dylan is right. Your argument is ridiculous. I personally am pro abortion, but if the goal is to minimize abortion, making it illegal is a pretty effective way to do so.

Sk

3

john m. 11.02.06 at 7:21 am

Actually, not entirely true #2. Abortion is illegal in Ireland (although the pro-life people argue the opposite, long story, don’t ask – or at least don’t ask me) so instead Irish women travel to the UK in their thousands instead. It is highly questionable (and practically unprovable in any event)that the effective abortion rate is any lower in Ireland than elsewhere. Ingrid’s point about what poorer women will do is almost certainly correct, in that an illegal abortion service is likely to arise.

4

astrongmaybe 11.02.06 at 8:14 am

I find it astonishing that arguments like #2’s are still being made. There’s no accounting for stupidity, I guess, but one might have hoped that a little residual knowledge of what happens when there is no legal abortion might remain.

Making abortion illegal will reduce legal abortion 100%, in that much #2 is right. To the vast numbers of Irishwomen travelling to England, John M. might have added the cases from the 70s and 80s (before contraception in Irl. was available to anyone but the rich and well-connected; before freely available information and cheap flights made the UK option easier) of teenage girls dying while trying to perform terminations on themselves.

5

paul 11.02.06 at 8:48 am

If abortion is illegal, any woman who becomes pregnant and even wants to consider terminating her pregnancy is going to have a strong incentive to avoid medical or social-services consultation of any kind. That will lead to higher fetal and maternal mortality and, yes, quite possibly more abortions (since exploring the possibility of carrying the fetus to term in any reportable way carries a risk of jail time). “Irresponsible” is definitely the right word to use for these legislators.

Meanwhile, what’s the UN Human Rights position on forcing a woman to die for the sake of a fetus? My immediate thought is that it satisfies the elements for a charge of genocide, but I could be wrong.

6

Slocum 11.02.06 at 9:05 am

But how can one vote for legislation that forces women to give birth to a baby that is the result of rape or incest? Surely those parliamentarians must not have the faintest idea of what rape and incest does to the life of a girl or a woman.

I can’t understand how anyone could vote for a law that makes no exception for the life of the mother. But I can fairly easily understand how they could leave out exceptions for rape and incest. If you believe, as devout anti-abortion advocates claim to, that a fetus is a human being, then, simply, abortion in the case of rape or incest is no more permissible than infanticide in the case of rape or incest.

These legislators could fully recognize the tragedy for the woman and still be unwilling to compound that tragedy with what they consider the ‘murder’ of a ‘baby’.

I’m not religious, and don’t consider an early-term fetus to have the same moral standing as infant, but I can understand their position even though I think it’s wrong.

Assume, for the sake of argument, you truly believed that abortion was the murder of helpless children and that, by extension, abortion clinics were actually little death camps set up on street corners. You wouldn’t say, “Well, we might as well let people kill the babies here, because otherwise they’ll only take them abroad to kill them”, you’d try to stop both.

I am surprised, in fact, that people who believe fetuses are the same as infants aren’t more militant than they are–and I think they aren’t only because, in their heart-of-heart, they don’t really believe what they claim to.

7

Sk 11.02.06 at 10:16 am

NOte: I didn’t say making abortion illegal will eliminate abortion (#3). I said making abortion illegal will ‘minimize’ abortion. Nor did I say that making abortion illegal will be good for medical services (#4, #5)), or that the law is responsible or irresponsible (#5).

If we want to minimize hate crime, we make it illegal. If we want to minimize burglary, we make it illegal. If we want to minimize drug use, or speeding, or hitting people in the nose, we make them illegal. It would be remarkable if abortion didn’t work the same way.

” Meanwhile, what’s the UN Human Rights position on forcing a woman to die for the sake of a fetus? My immediate thought is that it satisfies the elements for a charge of genocide, but I could be wrong.” Yes, you certainly are.

Sk

8

Francis 11.02.06 at 10:22 am

I said making [alcohol consumption] illegal will ‘minimize’ [alcohol consumption].

i could have sworn that the US already experimented with illegalizing conduct that lots of people will engage in no matter what the law says.

i wonder how that experiment worked?

9

Victor Freeh 11.02.06 at 10:42 am

Look, folks, all Sk said was that if your goal is to minimize the number of abortions then making it illegal will be a component of your plan. Not that it would reduce abortion to zero, not that doing so would be a good thing overall, not anything else. If you really want to disagree with this then I think your best bet as far as arguments go is: “Well, maybe making abortion illegal will make it seem rebellious and cool which will result in more women choosing to have abortions.” I can’t think of any other argument for how one could have people engaging in a behaviour more when it’s illegal than when it’s not.

10

paul 11.02.06 at 10:52 am

The US has also rather unsuccessfully “minimized” the use of marijuana and cocaine by making them illegal. No civilized country that I know of, meanwhile, has attempted to minimize the spread of HIV by making it illegal to be seropositive.

In general, people who are not stupid recognize that statute books are a remarkably ineffective way of changing behavior. (At the very least you need to devote enforcement resources.) It’s much more effective to look at the incentives people have to commit certain acts (or refrain from committing them). Change those incentives, and you change the rates of commission — which is why, for example, burglaries and robberies tend to decrease when young men have a better chance at making a decent living by other means. The law doesn’t change, but the conditions around it do.

(What I also find depressingly common here is the tendency of people who ordinarily assign primacy to market forces assigning them no power in situations like the decision to have an abortion.)

11

Steve LaBonne 11.02.06 at 10:59 am

(What I also find depressingly common here is the tendency of people who ordinarily assign primacy to market forces assigning them no power in situations like the decision to have an abortion.)

The “logic” uniting those positions is depressingly simple. The people who hold them just enjoy seeing people they don’t like: sexually active women; the non-affluent (who often are not White Christian Murricans)- screwed over. It reinforces their self-righteousness.

12

Anderson 11.02.06 at 11:12 am

If you believe, as devout anti-abortion advocates claim to, that a fetus is a human being, then, simply, abortion in the case of rape or incest is no more permissible than infanticide in the case of rape or incest.

What Slocum said. Are you coming late to the abortion issue, Ingrid?

Since I support, faute de mieux, legalized abortion, I support the choice to abort babies conceived as the result of rape or incest … but it’s rather difficult to understand what the *baby* did wrong. Better to execute the rapist than the child, surely?

13

Peter Clay 11.02.06 at 11:15 am

I don’t understand why the “foetus=baby => abortion=infanticide” position isn’t generally respected, or at least regarded as a position that people can hold without being evil. Of course foetus!=baby so the syllogism doesn’t hold, but can people not accept that it’s something that might be sincerely held by others?

14

john m. 11.02.06 at 11:18 am

“I didn’t say making abortion illegal will eliminate abortion (#3). I said making abortion illegal will ‘minimize’ abortion. ”

Umm..I did not say you said that. I said that there was no proof in the Irish experience that making abortion illegal has minimised the effective abortion rate in Ireland. Just to be clear. #9 might like to substantively address this point – or not given the facile nature of his comment.

15

Martin James 11.02.06 at 11:23 am

Paul,

Would you apply the same logic to legalizing torture? If statutes (and the applied social condemnation involved in statutes) are so ineffective, why all the blog entries here on how bad it is to legalize torture?

Do you really believe the nubmer of abortions wouldn’t decrease if it were made illegal?

Doesn’t the economics say that as the marginal cost goes up the quantity demanded will go down?

16

Georgiana 11.02.06 at 11:28 am

I don’t understand why the “foetus=baby => abortion=infanticide” position isn’t generally respected, or at least regarded as a position that people can hold without being evil.

Because until very recently most of the debate on abortion focused on late-term abortions. Which implicitly accepts a continuum, not an either/or statement. So people who worked hard to ban late-term abortions (regardless of their personal feelings on abortion in general) were de facto accepting abortion, just not in all situations. One might say that a certain credibility is lost in exchange for a more viable political position.

17

Victor Freeh 11.02.06 at 11:31 am

The US has also rather unsuccessfully “minimized” the use of marijuana and cocaine by making them illegal.

So let me get this straight: you believe that if marijuana and cocaine use were legalized then their use would go down?

It’s much more effective to look at the incentives people have to commit certain acts (or refrain from committing them).

Call me crazy but I kind of think that “you might go to jail if you do this” actually is an incentive.

(What I also find depressingly common here is the tendency of people who ordinarily assign primacy to market forces assigning them no power in situations like the decision to have an abortion.)

I feel like I’m taking crazy pills here. Why is it so hard for people to admit that if a woman is considering getting an abortion then the prospect of going to jail has power as well? Hell, we could add “the fear of dying during a botched illegal abortion” to that as well. Once again: the only claim was that if your goal is to minimize the number of abortions then making abortion illegal will be part of that. I don’t see how this can be denied. Think up whatever system you like: free contraceptives of every kind, real sex education, whatever else you can think of. Now imagine two societies which have all these things and are exactly the same in that one of them also has made abortion illegal. Are you really going to claim that the one with legal abortion will have a lower abortion rate?

Now, I think a good response to those using this an argument for criminalization (which I am not and so far Sk hasn’t been) is: “Well, there are things besides abortion which are worth reducing. For example, the number of women who die during botched back-alley abortions. Maybe the fact that having women die like that reduces the abortion rate isn’t worth it.” I don’t think a good response is “Well, the fact that women are more likely to die getting an abortion isn’t going to affect anyone’s decision on whether to get one.”

This whole thing came up because Ingrid claimed that the best road to minimizing abortions included having abortion be legal. Her road might be the best road for abortion policy (I’d probably say it is) but it seems almost certainly wrong that it’s the best road to minimizing abortions.

18

Georgiana 11.02.06 at 11:53 am

I think the problem with the argument that banning abortion leads to fewer abortions is the marginal case. Will a total ban reduce abortions? The answer is “maybe.” Some women undoubtedly will carry children to term, perhaps those who now wait until the last moment to get abortions won’t. And others may make more effort to avoid pregnancy in the first place. But many may just turn to abortion providers or leave for places that permit abortions, which won’t be measured in official stats on the subject because of the ban.

Interestingly many nations in Europe have much lower unplanned pregnancy rates, and hence lower abortion rates in the US. So we do know that pregnancy planning and prevention are successful at reducing abortion rates.

The real question is, at the margin is a positive reinforcement of reproductive health more effective than a negative reinforcement (jail time) in reducing abortion rates.

19

bi 11.02.06 at 11:54 am

I actually agree with Slocum on one point: even if the Nicaraguan parliament’s position’s wrong, it’s at least self-consistent.

Now if people care as much about the rights of “enemy combatants” as they do about the “rights” of foetuses, then it’ll be honey.

20

Alison 11.02.06 at 12:01 pm

Ingrid claimed that the best road to minimizing abortions included having abortion be legal

I think Ingrid was making two points, which people have mixed.

This is how I interpret her: the most effective way to reduce the incidence of abortion is to increase availability of contraception, while making the choice of bearing an unplanned child less onerous (‘support women who are faced with an unwanted pregnancy so that they have effective choices between different options’). This is far more effective than legal restriction.

The best way, having done all that, to reduce the number of late term abortions is to make early-term abortions legal and accessible.

This improvement (reduce late abortions by speeding up early ones) may mean nothing to an absolutist. To me it is a worthwhile aim.

If I have misinterpreted your argument, Ingrid, I apologise.

21

Jim Harrison 11.02.06 at 12:26 pm

I’m always amazed when social scientist types treat policy issues as if legislation amounted to a controlled experiment. The Nicaraguans aren’t holding everything the same while they outlaw abortion. They are lowering the general political status of women, and it is the relative powerlessness of women that lies at the root of many unwanted pregnancies as well as many other problems such as the spread of HIV.

I wonder if the people who get hysterical about abortion are really that sentimental about foetuses or whether what they really hate is the implication that women should be in charge of their own reproductive lives. In any case, the recriminalization of abortion is de facto a part of a more general tendency to resubjugate women.

22

Steve LaBonne 11.02.06 at 12:42 pm

Of course foetus!=baby so the syllogism doesn’t hold, but can people not accept that it’s something that might be sincerely held by others?

One good reason not to is that if the people who claim to believe that really did believe it, they would not be pushing for laws specifically about abortion at all, but would press for prosecution of both women and doctors for murder, tout court. (Complete with executions in jurisdications with the death penalty.) Since they almost universally shrink from doing so, one may reasonably infer that their actual position is a bit more complicated than it appears on its face.

23

paul 11.02.06 at 1:32 pm

Making something illegal, by itself, does little or nothing to discourage it. Otherwise we’d have a whole lot less speeding, tax evasion and spitting on the sidewalk. Adding enforcement to the equation can provide incentives not to do a particular illegal thing, but enforcement of laws can also lead to perverse effects. See, for example, the large body of research documenting how youthful offenders who get sent to prison are quickly “educated” in criminal techniques, attitudes and social networks — while at the same time being stigmatized in ways that reduce their chances of lawful employment.

In Nicaragua, any woman who identifies herself to the authorities (including medical personnel) as being pregnant or believing that she might be pregnant is identifying herself as a potential criminal conspirator. She is letting herself in for criminal investigation and possible imprisonment if she doesn’t deliver a live baby. So if she has any ambivalence at all about being pregnant, she has a strong incentive to avoid medical care, to avoid adoption-referral and social-service agencies, and anyone else who might actually assist her in delivering a live baby. Rather than minimizing abortions, driving women away from social services and medical care could well lead more of them to believe that abortion is their only workable option.

And that’s even before what others have pointed out about the confluence between making abortion illegal and reducing the status of women in general. Which means, of course, reduced access to effective contraception and increased rates of unwanted pregnancy.

Perhaps there’s a planet somewhere on which the outlawing of abortion could be combined with social policies that reduce the demand for abortion to a level below what it would be in a world with high-quality contraceptive education, equal status for women, thoroughgoing social services for women who decide to bear children, and legal abortion. I don’t think we live on it.

24

rented mule 11.02.06 at 1:37 pm

Steve,

The fact that abortion opponents don’t press for the prosecution of women may grow out of their sense of what’s politically possible, rather than some inconsistency in their principles. At least I think that’s what’s going on.

Wow, this is almost as bad as an Israel thread.

25

Victor Freeh 11.02.06 at 1:48 pm

Making something illegal, by itself, does little or nothing to discourage it. Otherwise we’d have a whole lot less speeding, tax evasion and spitting on the sidewalk.

Let me get this straight: you really think that if tax evasion ceased to be a crime that the number of people evading taxes would not significantly increase? Me, I’d guess that it would increase by about ten fold at least so I’d say that our current laws do more than a little to discourage it.

(This actual substance of this thread is pretty pointless from my perspective but this kind of thing drives me crazy.)

26

Victor Freeh 11.02.06 at 1:50 pm

The Nicaraguans aren’t holding everything the same while they outlaw abortion. They are lowering the general political status of women, and it is the relative powerlessness of women that lies at the root of many unwanted pregnancies

Okay, now that’s an argument that the abortion rate might increase under criminalization. I’m not sure how large I’d believe that effect to be though. For one, I’d imagine that a fair percentage of women in Nicaragua support the ban, which would make them less likely to consider it as a lowering of their status. This isn’t to say that the situation isn’t being (heavily) influenced by misogyny but people really do have non-misogynistic concerns about abortion so it seems like the effects would stem from much more mixed and convoluted sources than the opposite ones which would arise from criminalization (i.e. “you might go to jail or die”, pretty direct).

Since they almost universally shrink from doing so, one may reasonably infer that their actual position is a bit more complicated than it appears on its face.

Well, on both sides of this issue (like every other) people simplify and omit the things that are inconvenient for them. It’s doubtful that a large share of the people who say “Abortion is always wrong!” would really get upset about the loss of a blastocyst and the share of “Abortion is fine!” people who think abortion should be legal the day before birth is no doubt much, much smaller even though that’s an impingement on the reproductive freedom of women. I think this issue depends on balancing different needs, focusing on that gray area between conception and birth, and a fair amount of empiricism*. But people don’t really care much for such things, especially when they feel they’re in a fight for their survival (as both sides do) and especially especially when they feel that they’re losing (as folks on the pro-life side probably, and rightly, do). This is compounded by the fact that a lot of people probably don’t actually know what they’re talking about (just like how a good share of people who fume about their tax dollars being wasted on welfare and foreign aid would actually favor an increase in spending on such things if they actually realized how little of the budget goes to them).

* Personally, I think that the fact that something like 80% of conceptions end in spontaneous abortion has something to say about the “Life begins at conception” position.

27

Victor Freeh 11.02.06 at 1:51 pm

Hmm, that last part was supposed to be a footnote corresponding to the word “empiricism”. This thing is too fancy for my own good.

28

Antonio Manetti 11.02.06 at 1:55 pm

Of particular interest is the part of the law that deals with ectopic pregnancy. In that case, the woman cannot be treated until signs of hemorrhaging appear.

In accord with current church teaching, the only legal remedy is surgery either to remove the fallopian tube or excise only that part of the tube where the fetus resides in a way that attempts to preserve function. I have no expertise in this area, so I don’t know if that’s possible in practice, especially given the requirement for hemorrhaging to become evident.

While all modes of treatment result in fetal death, alternatives that kill the fetus directly to preserve fallopian tube function, such as the use of an abortifacient, are not allowed.

A fuller discussion of the law and related ethical fine points is underway at Mirror of Justice — a right-leaning blog of Catholic legal scholars. Even there, opinion is divided on this particular issue.

29

aaron 11.02.06 at 2:00 pm

Paul,
If there weren’t a speed limit, do you think people would still drive near the speed limit? I think it is safe to say that criminalizing behavior usually reduces it.

That said, the best way to reduce abortions is to provide contraceptives and sex education.
I think there is a tendency, here in the U.S., for liberals to focus too much on abortion. A majority of americans now consider themselves pro-choice, and this number is rising. That is not to say there isn’t work to be done on abortion–rather, the focus on abortion leads people to ignore the whole problem of sex education. Personally, I don’t have a problem with abortion, but I do have a problem with teen pregnancy and unsafe sex.
The liberal discussion of abortion is stuck in the past–sex education is just as critical, but completely unacknowledged.

30

Steve LaBonne 11.02.06 at 2:01 pm

23: You might think so, but when you raise the subject with such people, I’ve found that they always become very evasive. I remain convinced that deep down, apart from a few really insane types (who become abortion-clinic bombers and whatnot), they don’t fully believe their own abortion = murder hype. Which of course accords well with the common observation that it all seems to have at least as much to do with control of women’s uteri as it does with a tender regard for the rights of fetuses.

31

Steve LaBonne 11.02.06 at 2:04 pm

The liberal discussion of abortion is stuck in the past—sex education is just as critical, but completely unacknowledged.

Ah, the men of straw are on the march. Right, the pro-choice community certainly never talks about sex education. Whatever.

32

Victor Freeh 11.02.06 at 2:09 pm

While all modes of treatment result in fetal death, alternatives that kill the fetus directly to preserve fallopian tube function, such as the use of an abortifacient, are not allowed.

They seem to have quite complex arguments for this position. Luckily, I don’t need to read them since they’ve already produced the reductio ad absurdum.

33

Victor Freeh 11.02.06 at 2:14 pm

The liberal discussion of abortion is stuck in the past—sex education is just as critical, but completely unacknowledged.

I thought that Paul’s “legal penalties have little or no effect on tax evasion” was going to be the most ridiculous thing said on this thread but you’ve managed to top him. Please come visit the real world sometime.

34

Steve LaBonne 11.02.06 at 2:46 pm

What is it with the queue-jumping comments around here? The comment that I addressed above as #23 has suddenly become #24. Weird.

35

Antonio Manetti 11.02.06 at 3:06 pm

Apparently, the Nicaraguan statute is modelled on the San Salvador law summarized in the following MoJ posting.

http://www.mirrorofjustice.com/mirrorofjustice/2006/10/abortion_in_el_.html

In my view, the issue is not the morality of abortion but how abortion should be dealt with in law. To me, the El Salvador and Nicaraguan statutes simply illustrate the most draconian and unjust outcomes.

Among the issues I find troubling is that even if these laws were amended to provided a life-of-the-mother exception, the woman would presumably still be obliged to accept the verdict of some medical/legal authority. In that case, what say would she have in the matter? Also, even when an abortion is sanctioned, the state would always retain the right to seek grounds for prosecution after-the-fact.

The problem, as I see it, is that the current emotional climate seems to preclude reasoned public debate on such issues.

36

abb1 11.02.06 at 3:18 pm

Sounds like Catholicism is a really hideous, unenlightened, backward, medieval, and intolerant religion; oppressing and terrorising women and responsible for tens of millions of AIDS deaths all over the world.

It’s time we do something about it.

37

Antonio Manetti 11.02.06 at 3:34 pm

In 35, I should have said “less draconian life-of-the mother exception”.

In any event, I recommend the following paper by Jack Balkin, which proposes a legal doctrine that reconciles the rights of the mother with the state’s legal interests.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=925558

38

Matthew Gordon 11.02.06 at 4:00 pm

Let me get this straight: you really think that if tax evasion ceased to be a crime that the number of people evading taxes would not significantly increase?

Actually, I think this is the most ridiculous thing said on this thread so far. The post you are referencing says:

Making something illegal, by itself, does little or nothing to discourage it. Otherwise we’d have a whole lot less speeding, tax evasion and spitting on the sidewalk. Adding enforcement to the equation can provide incentives not to do a particular illegal thing, but enforcement of laws can also lead to perverse effects.

Obviously, you read the first sentence, got yourself worked up into a fine lather, and then didn’t read the rest of it. Clearly, since tax evasion is enforced, it can and does have an effect on behavior.

39

Jim Harrison 11.02.06 at 4:36 pm

Of course what’s going on in Nicaragua is evidence of the bad side of Catholicism. Why should so problematic a political institution as the Roman curch be exempt from criticism? Lord knows it deserve plenty.

40

Victor Freeh 11.02.06 at 5:04 pm

Obviously, you read the first sentence, got yourself worked up into a fine lather, and then didn’t read the rest of it. Clearly, since tax evasion is enforced, it can and does have an effect on behavior.

I suppose that it’s likely that Paul meant something like that so I retract my mockery a bit. I don’t think I’m entirely to blame here though. Spitting would be an example of that point but, as you point out, tax evasion and speeding aren’t. Usually when you illustrate a point with examples, it’s a good idea to use, you know, examples.

41

engels 11.02.06 at 6:07 pm

Tax evasion is the perhaps wrong word to use but tax regulations can be ineffective for exactly the same reason that abortion laws can be: jurisdiction shopping. Perhaps that was what Paul meant.

42

Scott Lemieux 11.02.06 at 6:19 pm

Ingrid is right–criminalization is, in fact, a highly ineffective means of prventing abortions (most Latin American countries have higher abortion rates than Canada, where abortion is not only legal but state-funded.) What happens in the real world (including the pre-Roe United States) is that affluent white women have access to safe grey market abortions (and, in a pinch, the ability to travel) even under abortion bans, and poor women will find means of illegal abortions. Admittedly, abortion laws are effective at getting women who lack connections maimed or killed, but as for protecting fetal life, not so much.

43

engels 11.02.06 at 6:55 pm

The kind of thing I most dislike about these discussions is epitomised by the first two posts here. Neither of these posters have the time to consider Ingrid’s arguments but they are happy to dismiss them as “ridiculous” (#2) and to accuse her of being “dishonest” (#1). Obviously people are going to have strong opinions about this issue, but posters like these two just reveal themselves as fools.

44

Martin James 11.02.06 at 7:10 pm

Scott,

Now the large drop in the number of births in the USA from about 3.7 million in 1970 to less than 3.2 million in 1974 may not have all been due to legalized abortion but certainly some of it was.

Since there were over 1 million legal abortions per year in the late 1970’s, and the TOTAL deaths from all causes for females age 15-45 was less than 50,000.

Even if half of all deaths to females in those ages were from illegal abortions then at most 25,000 lives per year were saved (2.5% of abortions), which means that
if even only 10% of the drop in births was due to net new abortions then twice as many new abortions were performed compared to the lives saved from eliminating back street abortions.

Its a nice anecdote but the scale of the deaths from backstreet abortions just doesn’t compare to the number of abortions.

I’m for legalized abortion for selfish evolutionary reasons but the numbers of your argument just don’t add up.

45

Martin James 11.02.06 at 7:25 pm

engels,

Is it my imagination or in thread after thread do you comment about trolls and foolish commentors? I’m only irritated by your irritation about 42.5% of the time but this is one of them.

She overplayed her hand and got called on it.

46

engels 11.02.06 at 7:35 pm

Martin – Calling someone on a factual inaccuracy: okay. Dismissing an entire position as “ridiculous” without argument (#2): not okay. Calling someone “dishonest” without giving reasons (#1): very bad.

And I usually skip over your mostly incomprehensible ramblings, so I can’t say they bother me that much but thanks for your concern.

47

Martin James 11.02.06 at 7:54 pm

Thanks for the explanation engels, I feel better now.

I’m a ramblin’ man!

48

engels 11.02.06 at 7:57 pm

And if you find me irritating, Martin: tough shit. It is a fact that there are a large number of “trolls and foolish commentors” commenting on this site, especially on threads like these. They do very often make it impossible to have any kind of enlightening discussion and I think that is a shame. If you find the kind of shouting match to which posts in the mould of #1 and #2 inevitably lead congenial then so be it, but don’t expect other people to share your tastes.

49

engels 11.02.06 at 8:00 pm

Ah, sorry, I posted that additional rant before I saw your reply. Anyway: peace.

50

engels 11.02.06 at 8:15 pm

The “logic” uniting those positions is depressingly simple. The people who hold them just enjoy seeing people they don’t like: sexually active women; the non-affluent (who often are not White Christian Murricans)- screwed over. It reinforces their self-righteousness.

Yes, I agree with this as a description of rightwingers in general. But in America you are fortunate to have a large number of “libertarians” who loudly proclaim that their ideological commitment to “liberty” is consistent and extends to social liberties like, one would have thought, the right of the woman to decide on the morality of an abortion. Many of them comment on this site. Where are they now?

51

radek 11.02.06 at 8:49 pm

Engles, I’ll see your ad hominen attacks (both Dylan and sk provided arguments) and raise you two strawmen. In regards to Liberterians. As been pointed out above if someone believes fetus=person then there’s nothing inconsistent about being a pro-life liberterian. Should liberterians argue that that “liberty” extends to the right of a parent (male or female) to decide on the morality of infanticide? I don’t know what kind of circles you run in but it seems “a thoughtful discussion” you so desire involves little but everyone agreeing with each other and muttering “right wingers bad, mmmmmokay?” with out any consideration that there might be complexities, nuances and differences in basic assumptions.
I do tend towards liberterianism (I think it’s a good instinct, in practice each situation should be analyzed on its own terms though) and I support legal abortion (as, you may have noticed, so does pretty much everyone in this discussion) but that don’t mean that I can’t understand that people may have good reasons for having different positions for some good reasons. On both of these issues.
This is like the “You’re the troll!” “No, you’re the troll!” game. Yawn.

52

asg 11.02.06 at 9:07 pm

#51: Speaking only for myself, I’d say that (a) steve labonne is right about hypocrisy, (b) the OP seemed to think it was 100% obvious that having abortions be legal is a good way to minimize them, which is awfully cocoonish even if I happen to agree, and (c) some other posters are right to imply that a better argument would go: look, even if banning abortions would reduce the number of abortions, it would increase the number and magnitude of tragedies associated with unwanted pregnancies as well as perpetuating the subordination of women, those things are just as compelling as the deaths of fetuses, and so we should keep abortion legal.

Happy?

53

engels 11.02.06 at 9:55 pm

#53 No problem with that, but I disagree and I still see no evidence. Ok?

54

engels 11.02.06 at 10:27 pm

Engles, I’ll see your ad hominen attacks (both Dylan and sk provided arguments) and raise you two strawmen.

No, Radek, #1 and #2 do not provide any argument for contesting the premise that criminalising abortion is an ineffective means of reducing abortions. Did you actually read them, or not?

As been pointed out above if someone believes fetus=person then there’s nothing inconsistent about being a pro-life liberterian.

I did not say it was logically “inconsistent” for a libertarian to oppose legalised abortion. On the face of it, the commitment of libertarians to “social liberties” ought to predispose them towards defending abortion rights. However, I have never seen a single libertarian defending abortion rights on this site, whereas I have seen them defending so-called “economic liberties” over and over again, in the most strenuous terms. That causes me to question the sincerity of their commitment to liberty.

I don’t know what kind of circles you run in but it seems “a thoughtful discussion” you so desire involves little but everyone agreeing with each other and muttering “right wingers bad, mmmmmokay?” with out any consideration that there might be complexities, nuances and differences in basic assumptions. … I support legal abortion (as, you may have noticed, so does pretty much everyone in this discussion) but that don’t mean that I can’t understand that people may have good reasons for having different positions for some good reasons.

Jesus Christ, Radek, what a pile of horseshit. Where did I suggest that having a thoughtful discussion involves everyone agreeing with each other? Where do I imply that other people don’t have reasons for their views? Where do I demonstrate my woeful lack of “consideration [for] complexities, nuances and differences in basic assumptions”? Has it ever ocurred to you, Radek, that your own understanding of these controversies might be a little one-sided?

I am happy to argue with people with whom I disagree who argue in good faith, give reasons for their opinions and do not engage in an unnecessary amount of empty name-calling and invective. From your last comment, unfortunately, I’m not sure that you make the grade.

55

Matt McIrvin 11.02.06 at 10:37 pm

If you really want to disagree with this then I think your best bet as far as arguments go is: “Well, maybe making abortion illegal will make it seem rebellious and cool which will result in more women choosing to have abortions.” I can’t think of any other argument for how one could have people engaging in a behaviour more when it’s illegal than when it’s not.

I can think of another mechanism by which completely banning abortions could increase the number of abortions. A total and thorough abortion ban would likely extend to a ban on many forms of contraception as well, out of the fear (well-founded or not) that they might sometimes work by aborting an already-conceived embryo. (Anti-abortion forces already want to ban emergency contraception for this reason, even though there is no evidence that it actually does this.) That contraception ban could, in turn, easily increase the number of abortions by increasing the number of unwanted conceptions.

Similarly, making abortions harder to get definitely increases the number of later-term abortions, which are generally regarded as more morally problematic.

56

Matt McIrvin 11.02.06 at 10:38 pm

…I should change that “definitely increases” to “could increase”, since I don’t have the statistics on this; but the mechanism is plausible.

57

radek 11.02.06 at 10:54 pm

Engels, perhaps the original posters didn’t state full arguments in posts 1 and 2 but they did go on to articulate in later posts. Also as has been pointed out they probably figured that what they were saying was fairly obvious since the burden of proof should probably be on someone arguing that “best way to minimize activity X is to make it legal”.
The most likely reason why you don’t see many liberterians arguing for abortion rights on this forum is perhaps due to the fact that this being a left of center blog and all there’s little need for it. I haven’t really seen anyone, apart from a few strays, argue against abortion rights either. Or is it necessary, everytime I say “well, you know, the market might not be so bad after all”, to add “and just so you know I fully support the woman’s right to control her own body” just so you can’t accuse me of bad faith. This automatic questioning of motivations of those whose ideology differs from you is what is in bad taste, and frankly, it just gets tedious and annoying after awhile.

58

aaron 11.02.06 at 11:51 pm

My statement that sex education is “completely unacknowledged” by liberals is patently false. I have no idea why I wrote that. There is substantial support for sex education within the liberal community and the democratic party.
I was trying to emphasize that a lack of sex education today is a worse problem than the occasional attempts to ban abortion that seem designed to appease the Christian right.

59

engels 11.03.06 at 12:14 am

On the subject of the first two posts, I know that various arguments were given later and I know that Ingrid’s position is not proven. This is all completely irrelevant, as the fact remains that dismissing someone’s reasonable view without argument as “ridiculous” or “dishonest” is rude and stupid.

Or is it necessary, everytime I say “well, you know, the market might not be so bad after all”, to add “and just so you know I fully support the woman’s right to control her own body” just so you can’t accuse me of bad faith.

No, all I ask is that occasionally, on some threads about “social liberties”, we see some of our regular “libertarian” commentators coming in on the side of liberty. To my knowledge, I have never seen this once.

This automatic questioning of motivations of those whose ideology differs from you is what is in bad taste, and frankly, it just gets tedious and annoying after awhile.

But, Radek, I do not “automatic[ally] question [the] motivations of those whose ideology differs from me”. I am suggesting that in the specific case of the libertarians I have come across on this site, they do not appear to care about “social liberties”. I reached my opinion on this after considering the evidence, and gave an argument for it, so I think that, once again, your accusation is a little unfair…

More generally, Radek, perhaps you could explain why it is you seem so sure that whereas your views are motivated by the cold light of reason, mine (and those of your opponents more generally) are motivated by nothing but ideology and “automatic” knee-jerk reactions? The fact that you seem to prefer repeating this assertion over and over again to giving arguments for your views does not seem to support it.

As for your closing salvo about being “tedious and annoying”. Well, let’s just say it would seem to evidence a lack of self-awareness.

60

Krijtje v.d. Stoep 11.03.06 at 3:05 am

about minimising the amount of abortions as a goal:
i think for people who are in favour of the right to abortion this should not be a goal.
abortion is our good right as women.
its been agreed on during the international UN conference in Cairo about population and development,
the Womens conference in Beijing and its written in the Universal Declaration of Human Rights.

so it should not be a goal to have not so many abortions, but it should be a goal that every abortion that is done to any woman anywhere is done in a safe and responsible way.
of course we have to struggle more for free or as cheap as possible contraceptives worldwide too.

61

abb1 11.03.06 at 3:09 am

This is what you all get for attempting to analyse irrational actions in a rational manner.

Should a central-Asian government introduce stoning as official punishment for adultery, you are not going to be ‘arguing’ about it, pretending it might be something other than pure barbarism. But Catholicism is our Western religion, so pretend we must.

62

astrongmaybe 11.03.06 at 4:45 am

This thread, infuriating as it is, has taught me something at least. You see, as a happy hermeneuting-humanist, one can’t help having a slight residual inferiority complex regarding the slightly harder and more empirically-minded disciplines. But the literal- and narrow-mindedness shown by some on this thread (“Minimize!” “But she said ‘minimize’, therefore, Captain…”) have cheered me up no end. Identifying ‘means’ and ‘ends’ is no guarantee of sanity! It seems every field gets the scholasticism it deserves! Hurray! (Though I guess Weber knew that all along.)

63

Steve LaBonne 11.03.06 at 8:54 am

engels, we need a sound bite to describe these people- I’ll start the bidding by suggesting “liberty for me but not for thee”. Not very original, I know, but it fits.

64

radek 11.03.06 at 1:08 pm

Engels, yours was post #41. Plenty of articulation in the meantime. Did you just have some inner rage you needed to get out?

on some threads about “social liberties”, we see some of our regular “libertarian” commentators coming in on the side of liberty. To my knowledge, I have never seen this once.

I don’t know what threads and which ‘liberterian’ commentators (not including the occasional cross over from the Corner or whatever) you’re referring to but this seems just like a baseless assertion. Again, this blog is left of center, which is reflected in most of the comments with a sprinkling of some liberterians. And these two groups pretty much agree on social issues, with the possible exception of abortion which is much more complex (and let me remphasize this again since you’re completly ignoring it, prefering to attack your own fata morganas – everyone on this thread agreed abortion should be legal!). You want me to prove my social liberal cred? Fine. War on drugs bad. Gay marriage should be subsidies to make up for past discrimination. Immigration, more please. Homeland security and patriot act, stupid, wasteful and authoritarian. Swat teams and no-knock raids, trouble, trouble, trouble. Hell, I’ll throw in higher gas taxes and higher EITC for poor folks while we’re at it. On a good day you might convince me to extend unemployment insurance.
This is like the Cory Maye post where some commentators on here were trying to score cheap ideological points by saying “where are the liberterians on this? see how hypocritical they are!” while liberterians were actually doing most of the leg work on spreading the news.

And when you begin by questioning people’s motivations rather then engaging their arguments (again, post #41) then yeah, I think you’re just having an idelogical knee jerk reaction.

Steve Lebonne – “these people”? Where are they, I don’t see them. Yup much better to just call’em “these people” then actually say something substantial.

65

Steve LaBonne 11.03.06 at 1:18 pm

Try a mirror.

66

engels 11.03.06 at 1:44 pm

What Steve Labonne said.

67

engels 11.03.06 at 3:04 pm

And while that may seem a little curt, frankly I am tired of your trollish mélange of weak arguments mixed in with silly, over-the-top insults. So it will have to do.

68

radek 11.03.06 at 3:58 pm

This is like the “You’re the troll!” “No, you’re the troll!” game. Yawn.

69

ingrid 11.03.06 at 4:37 pm

If you think it’s OK to aggressively attack before asking for clarification or before contemplating for ten seconds, or if you get a kick from being insulting or aggressive, there is good news: here is more ridicilous material to shoot at.

Perhaps I should have taken more care in formulating my sentences, since some “interpretations” in the comments are not what I subscribe to, and perhaps it could have saved us from the bad part of this thread (though I wonder whether one could write about abortion without provoking some rather nasty, and in my view uncharitable, comments.)

In any case, I think Alison (#21) gives a better interpretation of the orignal post than some others do; and I agree that aiming for a reduction in the number of late abortions by having a same-number increase in earlier abortions is, all other things equal, a good thing.

My critique on the Nicaraguan position is in part based on the belief that if a woman is pregnant and really doesn’t want to continue the pregnancy, she will try whatever she can to have an abortion; and I further assume that for the vast majority of women pregnancies resulting from rape or incest are strongly unwanted, up to the point of being (psychologically) unbearable. If that is true, then the first step in minimising the number of abortions is to minimise the number of unwanted pregnancies.
Therefore the policy mix I’d support is making contraceptives effectively available AND providing sexual education AND empowering women AND supporting women who do choose to continue the pregnancy AND giving women access to safe abortions up to a certain week in the pregnancy. (Thanks to the commentators who highlighted the sexual education and empowerment issues – I should have mentioned them in the original post). If you have this policy mix, I would hope that (a) you minimise the number of unwanted pregnancies in the first place, and (b) from all the abortions that will happen whatever their legality, you minimise the probability that they will take place later in the pregnancy or in unsafe conditions. And you don’t create a society where the effective options for how to deal with unwanted pregnancies are strongly unequal between the rich and the poor.

I’m happy to admit that this is a refinement/restatement of the view in the original post, prompted by some interesting comments (though in my view it is not a categorical change). If those who thought my original post was ridicilous still think so, so be it.

70

ingrid 11.03.06 at 4:46 pm

By the way, in response to Steve Labonne’s (#35) comment about queue-jumping of comments: comments by people who post for the first time to Crooked Timber (not sure whether it’s only from a new e-mail address or also from another IP address), need to be approved for moderation (this is necessary to filter out spam). But when these comments are approved, they take the position that they had at the moment of submitting the comment. So that is why sometimes the numbering changes. I agree that can be annoying if you refer to another comment by it’s number. It’s therefore safer, but admittedly not so convenient, to refer to the name of the person writing the comment, rather than the comment’s present number.

71

Martin James 11.03.06 at 6:52 pm

On the related issue of rape reduction. I recently heard a spot our public radio station by the local library historian about how 100 years ago prostitution was tolerated by law enforcement on the theory that men needed an outlet for their sexual urges and that prostitution served a valuable role in rape reduction.

72

Aine Farrell 11.03.06 at 11:41 pm

Well, my first and last time visiting this forum. The most infuriating and toxic arguments around the issue of reproductive rights (or lack thereof) for women around the world can all be found here with no attention paid to the central factor in the debate. While you attack each other ad hominum and avoid the subject at hand, you ignore the very real and painful reality of millions of women confronted with an unwanted pregnancy. 70% of children in Boston are being raised by single parents. The best predictor for poverty in America is motherhood. The central issue in the abortion debate should focus on the rights of a pregnant women to be unpregnant vs. the rights of the foetus she is carrying. What follows is a debate between science and religion over when human life begins. The only salient point in this discussion is that no man has the right to apply his religious beliefs onto someone else’s pregnancy. It’s called seperation of church and state and is the reason most of us ended up here. My sisters in Nicaragua have my heartfelt sympathy. Rape, incest, and fallopian tube pregnancies are distractions from the real issue at hand–how much of a woman’s fate should be of her own making.
Have fun with your petty little flame wars. Life is bigger than that.

73

Steve LaBonne 11.04.06 at 8:15 am

The “flame wars”, aine, arise precisely from the infuriated responses of people who completely agree with you to “reasonable” people (usually not themselves possessed of uteri) who just don’t get it.

74

engels 11.04.06 at 1:38 pm

Aine, the ad hominem nature of this dispute originated, in believe, in comment #1, which accused the poster of being “dishonest”. I pointed this out at #44 and was rewarded with a string of personal attacks from Radek (as well as sharp criticism from Martin James and “asg”). I can not speak for anyone else but I would guess that the experience of others who sought to defend Ingrid’s “dishonest”, “ridiculous” and otherwise irrational post may have been similar. So I would humbly suggest that the “a plague on both your houses” tone of your reaction seems a little unfair.

75

radek 11.04.06 at 11:15 pm

Man, just drop it.

76

engels 11.05.06 at 12:55 am

Oh Radek, is your life really so empty?

Comments on this entry are closed.