Friday, December 22, 2006
Nonpersonhood, then, is synonymous with a complete denial of legal rights. Much has already been written about the analogy between the decisions in Roe v. Wade and Dred Scott v. Sanford. Both involved the arrogant judicial pronouncement of nonpersonhood upon a certain class of human beings: children in utero in Roe and enslaved Blacks in Scott. A great deal has also been written to reveal the striking similarities between the Third Reich view of persons who were handicapped or Jewish and the contemporary view of the unborn. These are perhaps the most familiar previous examples of nonpersonhood but they are not the only examples. Nonpersonhood has also been reflected in the concepts of outlawry, presentment in Englishry, and apartheid.
[To be continued]