Arguing a fetus lacks rights because it is not born is circular reasoning

Evidence

This reasoning succumbs to the fallacy of petitio principii, commonly identified as circular reasoning or begging the question. Thus, a fetus is not considered to have certain legal rights because it has not been born. No reason in logic is given why these rights could not be ascribed to a child before birth, only that they are not. When the question presented is whether or not legal rights should be ascribed, that question cannot be answered simply by stating that the law does not do so. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1180

Categorization

  • DEFINE: Defines petitio principii (begging the question) through a concrete legal example.
  • XREF: Connects to legal reasoning classwork on logical fallacies; also to Roe v. Wade’s personhood framing and how courts can’t bootstrap a conclusion into a premise. — connects to: Any rights theory excluding children also excludes sleeping adults and impaired persons — , The Rod and the Child: A Global History…, 7732; Christianity’s ensoulment doctrine made abortion a crime against the fetus
  • corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1180