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re: Alabama Judge to Determine Future of Father’s Rights in Case of Plaintiff Who was Aborted

Posted on 7/25/19 at 10:20 am to
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 7/25/19 at 10:20 am to
quote:

quote:

this turn of events is inconsistent with more than 1000 years of Anglo American jurisprudence
How so?
Earliest cases about the alleged Rights of an unborn child arose related (not surprisingly) to issues of inheritance. For a variety of very good reasons, the law developed that no such rights existed.

imagine that a Man with a wife and one child in medieval England got the scullery maid pregnant. She was hit by a carriage three months later, killing both her and the fetus.

The man dies several days later. The family of the scullery maid sues claiming that they are entitled to 1/2 of his estate, because they are the natural heirs of the unborn fetus of the scullery maid ... One of his two “children.“

His actual, born-and-raised child is screwed out of half his inheritance.
This post was edited on 7/25/19 at 10:36 am
Posted by Centinel
Idaho
Member since Sep 2016
43390 posts
Posted on 7/25/19 at 10:25 am to
quote:

Earliest cases about the alleged Rights of an unborn child arose related (not surprisingly) to issues of inheritance. For a variety of very good reasons, the law developed that no such rights existed.



No such rights existed for inheritance. This is a different subject.
Posted by keakar
Member since Jan 2017
30128 posts
Posted on 7/25/19 at 10:47 am to
quote:

Earliest cases about the alleged Rights of an unborn child arose related (not surprisingly) to issues of inheritance. For a variety of very good reasons, the law developed that no such rights existed.


only because there was never any question before liberalism that a baby was and has always been a person and a life.

only very recently have liberals declared its ok to murder babies so mom can avoid any inconvenience or responsibilities of motherhood
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34844 posts
Posted on 7/25/19 at 10:55 am to
quote:

imagine that a Man with a wife and one child in medieval England got the scullery maid pregnant.


In that time, illegitimate children didn't inherit shite.
Posted by LafTiger
Member since Dec 2008
1272 posts
Posted on 7/25/19 at 11:12 am to
I understand the history of the issue you present, however, it's a bit of an apples to oranges situation.

1000 years ago, there was no definitive way to determine paternity, (thus no definitive way to justify the inheritance claim) not so much today.

Where I believe the father, legally speaking, should have gone with arguments, was that the child was 1/2 his property, and the clinic denied him of what was half of his ownership. This would have thrown a bit of a conundrum to the left who argue that it's not a person...ok, then what the father donated to the mother to create a child is 1/2 his. By law he is responsible for 1/2 of the support of said property if she decides to have the child.

I believe a "life is a life" due to the many scientific factors which dictate that a child is an independent person from the mother (see DNA differential) and that we go well beyond life support for individuals toward the end of life...but I digress...

While historical precedent may apply here, previous rulings change the context of this challenge and could change the outlay all the way to the supreme court, where things could get really interesting.
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