labellementeuse: a girl sits at a desk in front of a window, chewing a pencil (Default)
[personal profile] labellementeuse
Fucking what now? The review of the Abortion Supervisory Committee (conducted under pressure from Right to Life NZ) has led Justice Forrest Miller to say that the legality of many abortions in NZ is questionable.

Fucking christ. I'm giving money to Women's National Abortion Campaign right now. This is such a big deal, people. D: D: D:

Date: 2008-06-10 05:03 am (UTC)
ext_2569: text: "a straight account is difficult, so let me define seven wishes" image: man on steps. (girl reading)
From: [identity profile] labellementeuse.livejournal.com
But if you're advocating that Judges should take public opinion into account in their decisions

I'm not. *double checks above comments* And it kind of sounded like I was. OK. No, I don't think that. (Although actually Supreme Court decisions... I mean. The law has, at best, been interpreted very, very liberally. Saying that the interpretation is too liberal has to come down to some kind of value judgement here.) I mean, I think this is the accurate decision. On the other hand I think it's worthwhile for someone to acknowledge that actually the law may be out of step with social convention, rather than social convention being out of step with the law.

Actually, I'm having this whole conversation very badly because I did a class last year on ethics that was heavily american-based and included a whooole lot of american position papers written by groups of judges on whether an issue should or should not be legal or illegal. Abortion obviously was one of these areas. it was all constitutional. And I know that that's not how NZ law is practiced, so really I should just shut up (but I do feel the stuff article is appallingly presented.)

Date: 2008-06-10 09:15 pm (UTC)
From: [identity profile] amarynth.livejournal.com
I'm not. *double checks above comments* And it kind of sounded like I was.

It's a relief to hear you say that, I was worried I was carrying over preconceptions from other arguments I've had, not a good habit of mine.

Actually, I'm having this whole conversation very badly because I did a class last year on ethics that was heavily american-based and included a whooole lot of american position papers written by groups of judges on whether an issue should or should not be legal or illegal. Abortion obviously was one of these areas. it was all constitutional. And I know that that's not how NZ law is practiced, so really I should just shut up (but I do feel the stuff article is appallingly presented.)

Unfortunately the whole abortion debate in the English speaking world is quite Americanised, since that's where it's most fiercely contested, and that's where the majority of talking about it is done - talking which tends to mostly reflect America's quixotic constitutional arrangements. For all that you hear complaints about the Supreme Court 'legislating from the bench' that is, at least from a British-derived constitutional perspective, exactly what they're supposed to do.

As for the Stuff article being poorly presented, well... it's stuff. I don't expect much from them. I've pretty much given up on indigenous media, in fact, which is not really a problem outside of election year.

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