Translates as no rights for unborn citizens, if someone kills a pregnant woman could we still charge the killer with two (or more) homicides as we current can? And if so, how can the state still maintain that the second person murdered is not a person?
Ultimately, this is a question that can never definitively be answered. The basic question at hand is this: When does legal personhood begin? If we were to take my hand, chop off my finger, and then keep my finger alive by storing it in a chemical nutrient bath, for instance, you and I would probably agree that my finger is not a person, even if it is human, but that it is instead just a collection of cells.
So, the question is, when does the collection of cells growing in a pregnant woman come to constitute a person rather than just a collection of cells? Does it happen at the instant of fertilization? Does it happen when the fertilized egg implants on the uterine wall? Does it happen at some point between implantation and birth? Does it happen at birth?
To me, the most reasonable argument is that personhood is contingent upon the development of a functional human brain which processes and responds to external stimuli. I would argue, you see, that the thing that makes a human being a person is the presence of a mind far more complex than could exist in, say, a cat, and that as such, a collection of cells that has not yet developed a brain capable of responding to external stimuli has not yet achieved personhood (and therefore citizenship). To me, then, it's reasonable to say that before then, it's a collection of cells with no more a state of personhood or citizenship or possession of legal rights than my dismembered finger, and that after it develops such a brain, it is in fact an "unborn citizen" worthy of special protection from the state.
This is not an argument that is very popular these days. Plenty of pro-lifers believe that personhood and citizenship begin the instant a sperm cell enters an ova, and plenty of pro-choicers (and I've been swayed by this argument in the past, though at the moment I'm coming down against it) believe that a woman has the right of absolute control over her body, up to and including the right to terminate a pregnancy for any reason whatsoever or for no reason at all, and if it happens to kill a fetus with a developed brain that has been reacting to external stimuli and displaying unique behavior, well, too bad.
The most fundamental problem with my argument, though, beyond the fact that it's not one which ideological extremists will ever like, is simply this: It necessitates the presence of a
legal fiction. Just as the state cannot administer tests of psychological development to every individual throughout their adolescence in order to determine the specific date upon which that person has developed the psychological maturity to be granted the rights of a legal adult, but must instead rely upon the legal fiction that a minor achieves psychological maturity upon reaching the age of 18 years, the state has no way of constantly monitoring the development of every fetus to determine exactly when a brain capable of responding to external stimuli and exhibiting unique behavior has developed, and must then rely upon the legal fiction of saying that the brain has developed by a certain point in the progression of the pregnancy.
Generally, that has translated to the idea of trimesters, and to the idea that an abortion should not be legal after the first trimester.
That just minimum wage, right?
A higher minimum wage than what we have now, but in essence.
I've thought for some time that exile would actual be a good punishment for certain crimes, either following a period of incarceration or instead of. This is assuming that we could find another state willing to accept the offender. It would be a way of dealing will third time losers without the expense of life imprisonment.
I reject exile. A person has a right to citizenship and nationality, and an inherent right to live in his/her state of citizenship. If the entire world, especially, has been united as a single state, then not only is there nowhere else to send him/her, but you're violating their inherent right to live on Earth and their right to be free from cruel and unusual punishment.