response to paulsen -Reply

[Abner Greene]

     Re: Mark Graber's post below: Whether abortion in 1997 is just like
slavery in 1850 is an issue, not a clear truth, and I am taking one side on
this matter.  I believe that the testimony of women -- rich and poor, white
and black, liberal and conservative -- about the need for abortion is more
credible than the testimony of slaveowners in the 19th Century.  Some
may disagee (do you, Mark? I assume you are not simply being relativistic
or skeptical about the possibility of normative argument).  Whatever one
thinks about the comparison/contrast, my point is that the call for violence
is a serious matter and I wonder whether appropriate thought has been
given to (a) the fact of disagreement by friends and colleagues whom
one generally respects and (b) the possibility that one is either wrong on
the issue as a whole (i.e. abortion is morally/religiously permissible) or,
more likely, the possibility that abortion, although wrong, is a sufficiently
complex matter from a moral perspective that violence against a regime
that permits it is the wrong answer.  How about direct answers to my
questions posed above and below (in original version)?
     --  Abner Greene, Fordham Univ. School of Law

>>> Mark Graber <MGRABER at BSS2.UMD.EDU> 01/27/97 08:43am >>>
I took the liberty of editing Abner Greene's post to reflect a letter that
might have been written to Bob Cover in 1850.  I was wondering
whether the changes are relevant.


     In response to Mike Paulsen's [Bob Cover's] post re: abortion
[slavery] ... Mike (and Rick and others who are sympathetic to Mike's
position):  In your thinking about what judges ought to do re: abortion
[slavery], and re: what you ought to do (wearing whatever hat you
choose), please tell us how you deal with the fact that many people you
respect and are friends with (I assume) are either pro-choice
[pro-salvery] or are agnostic on the issue.  Does the existence of
respected friends/colleagues/etc. on this issue give you pause in thinking
about how a judge should deal with the matter or about whether you
might be doing less than you should by living the ivory tower life?
     I ask these questions because the tone of your e-mail is quite strong,
regarding matters such as illegitimacy of government and violence.  I
might feel that way about certain things, but the existence of a broad
band of friends/colleagues/etc. who feel differently would, I hope, give
me pause before talking about governmental illegitimacy and even hinting
at countenancing violence.
     --  Abner Greene, Fordham Univ. School of Law editorial changes by
Mark A. Graber, mgraber at bss2.umd.edu