Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site uscvax.UUCP
Path: utzoo!linus!decvax!ittatc!dcdwest!sdcsvax!sdcrdcf!uscvax!kurtzman
From: kurtzman@uscvax.UUCP (Stephen Kurtzman)
Newsgroups: net.abortion
Subject: Re: Stephen Kurtzman on legal responsibility
Message-ID: <2@uscvax.UUCP>
Date: Mon, 4-Nov-85 16:33:13 EST
Article-I.D.: uscvax.2
Posted: Mon Nov  4 16:33:13 1985
Date-Received: Fri, 8-Nov-85 04:56:54 EST
References: <464@spice.cs.cmu.edu.ARPA> <62@uscvax.UUCP> <680@ccice2.UUCP>
Reply-To: kurtzman@usc-cse.UUCP (Stephen Kurtzman)
Organization: CS&CE Depts, U.S.C., Los Angeles, CA
Lines: 30

Keywords:

In article <680@ccice2.UUCP> pwk@ccice2.UUCP (Paul W. Karber) writes:
>>The law is filled with ideas
>>that address subtle differences in circumstances. It uses concepts such as
>>"intent", "reasonable doubt", "ordinary care", etc. ...
>>What if two people did everything within their
>>power not to conceive and their method(s) of contraception failed. From a
>>legal perspective they had no intent, and used extraordinary care to prevent
>>conception. Are they really responsible for circumstances beyond their
>>control? Legally the answer would probably be no.
>
>So what if I uses every precaution to prevent a shooting accident
>but the gun goes off anyway?  There is no intent and extraordinary
>care was used.  Am I not still responsible for whoever or whatever my
>gun hits?  The same can be said for driving a car.  When two cars
>collide, by definition someone is at fault.  If no driving infraction
>occurred then the collision would not have happened.  You may take
>the greatest care and have the best of intentions, but a gust of
>wind or a patch of ice (circumstances beyond your control) may
>cause your vehicle to leave the road and hit a bystander.  You are
>still responsible for their medical expenses (and maybe more).
>There are gray areas where contributory negligence is involved,
>but I don't see how a fetus can be guilty of contributory negligence.
>
>NOTE: Abortion seems irresponsible only if you believe the fetus is
>a living human being.
>

Legally if you were taking all the precautions required by law in handling
either your gun or your automobile, you would not be guilty of a crime.
There might be some cause for a civil suit but not a criminal suit.