PHL 223 1st EditionExam # 2 Study Guide Lectures: 12 - 23Lecture 12 (September 24)Intro to AbortionWhat are the different stages of pregnancy? What is viability? Sentinence? When is it ok to abort a fetus? Why?Abortion- A principle of rationalityo Your confidence should be in proportion to your knowledgeo Violated on topics such as: religion, politics and abortionPregnancy- Before sex, sperm and egg are separate—no right to life- Conception-2weeks—zygote(pre-embryo)- 2weeks-2months—embryo- 2months-birth—fetus- 3.5months—quickening- 6months—viability (if the baby is born premature, it will survive)- 7months—sentience (fetus feels pleasure and pain)- Birth- 2years old—right to life2 Possibilities:1. 1 line drawn between abortion being ok and it being murder2. There are multiple lines. Abortion becomes worse and worse until it is murder. Where to draw the lines?- Conception?o Why? “Magical event”?o They zygotes potential?o Quickening?o Does movement matter? Most things can moveo Viability changes with technologyo Does human form matter? (it looks like an actual baby)Lecture 13 (September 26)What are the two flaws in every law? Why are we able to make some things legal and some things illegal?- Is it ok for Jane to get an abortion?- Should abortion be legal?2 Possibilities:- 1 line drawn between abortion being ok and it being murder- There are multiple lines. Abortion becomes worse and worse until it is murder. o Yes to (1) implies yes to (2)o But…No to (1) doesn’t imply no to (2) - We don’t want to outlaw all bad conducto Why? There are 2 flaws to every law:- Every law cuts down freedom- For every law, there are costs to enforce it. Its not bad enough (e.g. being rude, getting tattoos)- Court of public opinion works better than the lawo Its nobody elses burden (smoking, eating poorly)- Bad consequences of outlawing the thing itself. o Prostitution laws: more dangerous for women if it was outlawed; more chance of STDs*Dr. Rachels talked about a cab service in NY City called Liberty Taxi. People robbing and killing cab drivers*- Some people say that drinking alcohol is bad, but it shouldn’t be illegal. A. [Abortion isn’t bad enough]—some people might think so. B. [its nobody elses business]—doubtful since questions about abortion come from concern for the fetusC. [Bad consequences of outlawing it]—some might think so: unsafe abortions, social unrest, hard on the poor, during the 1960s over 1000 Americans died from unsafe abortionsLecture 14 (September 29)What are the major differences between the state, federal and US Supreme Court? Who are the Conservative Supreme Court Justices?State Court System- State trial courts- If you lose you have the right to appealo Appeal courts are discretionary Then goes to the state supreme courts Then US supreme courtsFederal Court System- Federal district courts (trial courts)o Goes to the circuit court of appealso Whoever loses has the option to go to the supreme courtUS Supreme Court- Highest interpreter of US law- 9 justices- Life time appointments- Nominated by the president, confirmed by the senate*Possible test question*Top level of the supreme court building (level 4) is a basketball court- The Justices:o Conservatives: John G Roberts (nominated by George W. Bush) Samuel Alito (Bush) Clarence Thomas (Bush) Antonin Scalia (Reagan) Anthony Kennedy (Reagan)o Liberals: Ruth Bader Ginsburg (Clinton) o TO BE CONT IN NEXT LECTURELecture 15 (October 1)What is the difference between civil and criminal law? How do the legal proceedings begin?- Congress makes laws- The courts interpret them- The police enforce themCivil vs. Criminal Law- Slander is prohibited by civil laws- Murder, by criminal laws- How the legal proceedings begin:o The accusero Possible punishmentso How much evidence needed to convictCriminal CivilArrest File Suit (paperwork)Government only CitizenLecture 16 (October 6)- Liberals Con’t:o Steven Breyer (Clinton)o Sonia Solomajor (Obama)o Elena Kagan (Obama)- Conservative Courto Abortion law has both federal and state inputso The supreme court sets limits and the states decide within those limitso 1865-1960: abortion was illegal in most stateso Abortion was the #1 issue in the 60’s and 70’s.- Unprotected sex=5% pregnancy- 18% of men think that standing up is a form of contraception (ages 18-29)- 47% of pregnancies are unintended.o Every night, 1+ million women have unprotected sex who don’t want a babyo Every year 25,000 women become pregnant from sexual assault. - Contraception:o The pill Came to America in 1960.o Plan B Taken orally Sometimes called the morning after pill The zygote never becomes an embryo Cuts risk to 1 in 40o Ella Prescription required Works for 5 days after having sex Cuts risk to 1 in 50. Lecture 17 (October 8)What was the case between Griswold and the state of Connecticut? What was the outcome? What about Roe v. Wade? In regards to pregnancy, in which months do states have the right to protect the fetus despite the mothers wishes? What are the traits of a person? What happened to the rate of abortions after Roe v. Wade?Griswold v. Connecticut- In CT, all conception was illegal to sell and use- You couldn’t even distribute information about it- The court upheld that promoting contraception violates the right to privacy between husband and wife in their procreative decisions.o Vibrators are illegal in AlabamaRoe v. Wade- Legalized abortion- 7-2 majority- The court upheld that legally a fetus is NOT a person. For a person can:o Own propertyo Bring a suit or be suedo Have a willo Inherit wealth- True of corporations but not fetusesFollowing Griswold, the court held that outlawing abortion violates the right to a womans privacy0-3 months: the government has no compelling interest that outweigh this right. So, states may not interfere with abortion in the 1st trimester because it is unconstitutional. 4-9 months: the government has as interst in protecting the womans health. So many states may, if they choose, regulate abortions but only to protect the womans health.After viability (6-9 months) states may decide that the fetus’s potential outweighs the womans right to privacy. So states may, if they choose, make abortion illegal after viability exvept when a womans life/health is at risk. - A state could keep