[EMAIL PROTECTED] (William J. Foristal) writes:
Hi Linda,
Again, I think one has to read the word "child" in its full context. A
fetus is considered a child conceived but not yet born is considered a
person ONLY for the purpose of protecting the child's interest in the
event of the subsequent birth of the child.
I read that to mean that if the child is not born then no rights accrue
to the child.
Perhaps the use of the word "child" was not the best decision on the part
of the legislators and they should have used the word "fetus".
But it seems clear that the criminal and civil statutes are consistent in
the sense that neither considers an unborn fetus to be a person with the
rights that accrue to all persons who are born.
And that same principle is why abortion is considered a legal process and
the right of the pregnant WOMAN to decide. Certainly if the state or
federal statutes determine that an unborn fetus has the right to life,
liberty and the pursuit of happiness then abortion could never be legal
and would be considered murder.
Bill
On Fri, 27 Mar 1998 15:09:49 -0800 "Linda D. Misek-Falkoff, Ph.D., J.D."
<[EMAIL PROTECTED]> writes:
>"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]>
>writes:
>
>
>H Bill - I am having a bit of trouble finding Susan's post of the
>civil
>statute. Here are two relevant paragraphs I had clipped out,
>suggesting
>that an unborn offspring is a child and thus a person, with life and
>liberty rights. The crim case, though, goes to the mothers rights. Do
>you think if the civil statute were to govern in the criminal context,
>the child would have a large interest in the mother'sa interests (in
>being protected)? That could IMO be a bridge between the two, and
>perhaps the legslative intent of both sets of laws comingle here.
>Sue?
>Terry? Streve? Others? :)
>LDMF.
>--------------------------- Code:
>---------------------------------------
>
>CALIFORNIA CODES
>CIVIL CODE
>SECTION 43-53
>
>
>
>
>43. Besides the personal rights mentioned or recognized in the
>Government Code, every person has, subject to the qualifications and
>restrictions provided by law, the right of protection from bodily
>restraint or harm, from personal insult, from defamation, and from
>injury to his personal relations.
>
>
>
>43.1. A child conceived, but not yet born, is deemed an existing
>person, so far as necessary for the child's interests in the event of
>the child's subsequent birth.
>
>
>
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