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by hackinthebochs 2345 days ago
And yet, we generally accept that women have the right to an abortion regardless of their willfully chosen actions prior. How do you square the two positions? Note that I'm not arguing that the man has a right to absolve himself of financial responsibility.
2 comments

There is nothing that needs to be squared. People are responsible for the predictable consequences of their actions. We hold women and men equally accountable when their having sex produces a child.

The fact that women, by virtue of their right to control their own bodies, can abort a baby before it is born, doesn’t change the analysis for either. Both are still responsible for a baby that is born. The fact that the woman has additional options to avoid the consequence doesn’t absolve the man of responsibility (both to provide financial support and to be a father). Women may have many reasons for not aborting a baby. (Maybe they even believe it’s morally wrong!) But if you take action that predictably may result in an outcome, you don’t get off the hook because someone else had the power to avert the outcome at a later stage and chose not to. Both people are responsible.

>The fact that the woman has additional options to avoid the consequence doesn’t absolve the man of responsibility

I disagree. Having more options does in fact alter the level of responsibility.

An abortion doesn't result in a person so it's not really comparable. My understanding is that the vast majority of surgical or medical abortions occur due to either 1) grave risk to the mother's life 2) serious genetic defects or malformities in the fetus or 3) well before viability (during a time when spontaneous abortions are also common)
Basing a principle of rights or duties based on contingencies (live birth or not) seems dubious. If the mother has a right to decide against the burden of a child, the father should as well (all things being equal). Granted, all things aren't equal, but the financial obligation seems sufficient to fulfill a duty to the living child. Besides, why should we force contact when the father doesn't want it? I don't see that as benefiting the child.
> If the mother has a right to decide against the burden of a child, the father should as well (all things being equal).

This is your false premise. Nothing about fairness requires the law to give someone additional rights to offset someone else’s intrinsic advantages. Neither men nor women have a “legal right to decide against the burden of a child.” If either has a child, they’re on the hook for it. The law doesn’t need to give men an additional legal right to “make up” for the fact that women can terminate a pregnancy by exercising their natural right to control their own pregnancies.

I'm talking about what should be the case, i.e. what is a moral right or duty. Legal concerns just add extra complication that are tangential to my claims.
I am not talking about what the law is, but rather what fairness requires the law to be. Fairness doesn’t necessarily require giving one sex more legal rights (allowing men to disavow parental obligations) to make up for a biological limitation (inability to terminate a pregnancy).
I just don't know how to respond meaningfully when you mix moral and legal concerns. Regarding fairness, I don't see disavowing parental obligation as more legal rights. Women can give their child up for adoption after all.