Frantherman,remember nobody argues abortion is moral because murder is
moral. They argue it is moral because it is /not/ murder.  Same for
capital punishment -- nobody argues capital punishment is moral
because murder is moral; they argue it is moral because it is /not/
murder. Clearly the first step in reasoned debate is to come to terms:
what is murder? That itself illustrates these moral disagreements
really do take place against a background of universal agreement. The
dispute is over application of a general precept (don't murder; don't
steal; don't lie, and so forth) to particular cases (is abortion
murder? capital punishment?) .   Were it not the case, there could be
no /debate/ about the morality of this or that act.



On Jul 1, 9:19 am, frantheman <[email protected]> wrote:
> On 1 Jul., 17:28, Alan Wostenberg <[email protected]> wrote:
>  So this debate takes place against a> universal background of agreement: 
> don't murder.
>
> Ah but, Alan, "murder" itself is a complex term which needs to be
> defined. And not all definitions are the same. Even if we take a
> fairly, old, generally accepted legal definition - "when a person, of
> sound memory and discretion, unlawfully killeth any reasonable
> creature in being and under the king's peace, with malice
> aforethought, either express or implied." (Blackstone, Commentary on
> the Laws of England [1765-69]) - questions arise. Particularly with
> regard to the qualification "unlawfully". What if the law is unjust,
> allowing for all sorts of legal killing, what we might term "judicial
> murder"? Whatever one's view of abortion may be, for example, the fact
> that it is legally allowed in a society automatically means, according
> to Blackstone's definition, that it cannot be defined as murder.
>
> Let us take the example of the position taken by many in the USA who
> campaign against abortion, on the grounds that it is murder, while at
> the same time condoning capital punishment. Both are legally
> permissible. So in this case, in order to define murder, one must move
> beyond legal definitions. But here it becomes difficult. Can one say
> that all killing is wrong? Or does one define a particular subset of
> killing? If not the legal ones, than what criterea does one use?
>
> I realise that your scholastically grounded position defines moral
> precepts on the basis of derivation from general principles. But there
> are many of us who do not share your philosphical position. (Apart
> from the question as to the stage at which a fertilised embryo can be
> considered to be a human being - and no, I don't want to discuss that
> here at the moment ... Chris would just accuse me of throwing hand-
> grenades!)
>
> Francis
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