Moderators: Azrael, Moderators General, Prelates
lolwut?Serving the same function as the chicken egg is the human placenta, which grows within the uterus and contains the human fetus
addams wrote:Politics is hard. I can't do it.
It takes a nasty Jr. High School Girl in a man's body to keep up.
ztmario wrote:The difference here, however, is that my lunch meats and loose bread will not go about fulfilling their potential on their own. I can not leave them on the counter, step out of the room, and then come back to a sandwich. A fetus, of course, will continue to develop quite happily and successfully all on its own, and regardless of outside intervention.
ztmario wrote:Note “existing in possibility.” A human fetus is not “possibly” a human being. To say such would imply that it will “possibly” become a human, but it may “possibly” also become a vampire bat or a Louisville Slugger. The only “possibility” for a fetus is to move on to the next stage in human development, which is a newborn, or a baby.
Роберт wrote:Edit: are we sure we aren't doing someone's homework here?
addams wrote:I'm not a bot.
That is what a bot would type.
addams wrote:Politics is hard. I can't do it.
It takes a nasty Jr. High School Girl in a man's body to keep up.
The first question in our journey towards a logical truth is whether or not a fetus is a life. This is the first question which, if answered in the negative, ends all possible argument on the matter. Luckily enough for the existence of this essay, it is also the easiest question to answer. The fetus is without a doubt very much alive. It represents life and, more so, it represents human life. There is no doubt as to whether the zygote or fetus lives, and there is no confusion as to whether or not it is human. The next part of this question, and the more difficult to answer, is whether or not the fetus is a human being, or if you prefer, a person.
Until it actually becomes a human being proper, it is not allowed the benefit of our legal system’s protection.
The only “possibility” for a fetus is to move on to the next stage in human development, which is a newborn, or a baby.
cemper93 wrote:Dude, I just presented an elaborate multiple fraction in Comic Sans. Who are you to question me?
ztmario wrote:The fetus is without a doubt very much alive. It represents life and, more so, it represents human life. There is no doubt as to whether the zygote or fetus lives, and there is no confusion as to whether or not it is human.
Imagine that a bean-sized human baby crawls from her womb, grasps and pulls itself along her pubic hair and finally comes to rest in her “pouch,” a pocket of skin that, for the purpose of our thought experiment, all human woman now have along their midsections. Imagine that newborn “fetus” grabbing at its mother’s nipple (now transplanted to the interior of her stomach pouch) and suckling it, as any newborn is apt to do. Now, imagine that mother reaching into her pouch, withdrawing the baby, and promptly squishing it between her fingers. Would you consider her to be within her rights to do this? Would this be substantially different than squishing the head of her other child, a nine month old who just recently emerged from the same pouch? The answer for most would be no, this is not all right.
yurell wrote:That is entirely wrong. There are a whole spectrum of possibilities ranging from a full baby, to a stillborn one, to one born without a brain (won't show pictures because it's too squick for me), ones born with chests held together by only thin, translucent flesh, ones ejected while only a few centimetres long, ones ejected when only a few cells large. There are a large number of developmental problems that are possible, and some that are quite common (e.g. the woman's body simply flushing out an embryo that is unsucessful).
I know yo later address 'born dead' as a possibility, but they can be born very much 'alive' in a state at which they can never become a person, and will soon after die.
cemper93 wrote:Dude, I just presented an elaborate multiple fraction in Comic Sans. Who are you to question me?
The distinction is clear: Morally, physical location can remove neither human standing nor unalienable rights. It is beyond naïve to assume that a moments before birth a fetus is no more than a lump of human tissue, with no claim to personhood, and no defensible rights and yet, the second of birth it is now a human being and its killing (infanticide) is one of the most heinous acts of the human imagination.
Likewise, while the fetus is in fact completely dependent on the mother’s life support system, a healthy fetus not only has a “likelihood” of attaining viability, but a certainty of it.
He will undoubtedly do no such thing, and it is more than likely that he will place a call to social services.
Could, for instance, a human being be mutated through whatever means to the point where it is no longer human at all? In the end, these questions are rather irrelevant to our logic.
This is, however, irrelevant, as modern science is also making the fetus less and less dependent on the placenta as well.
The logical truth is that a fetus is indeed a human being, and it is a person.
A fetus may be considered a “sub-person” by measure of its developmental stage, as likewise the Jews in the time of the Third Reich were considered “sub-human” due to their ethnicity and were without the benefit of the right to life.
“I’m sorry but now Mr. Recipient has the right to your kidney and we can’t change that, perhaps you should not have agreed to donate”
To address the latter issue, we will note that the benefit of the mother’s situation is that she will again regain full control of her body in its entirety in time.
To the point of the mother lacking intent, that is a particular item of interest. An argument made in the case for legalized abortion is that no contraceptive is completely effective, and so “accidents” may happen, and the mother should not be penalized if she was in fact being “responsible.” Functionally, this would be asking any potential mother to extend her responsibility beyond the use of contraceptives, and to the actual act of sex itself. Comparatively, this would be expecting the same level of responsibility from females as our system currently does from males. Imagine a man impregnates a woman, who delivers the child nine months later. Now in family court, our naïve friend explains to the judge that he did in fact use a condom but an accident happened, and he did not mean to impregnate the child’s mother. Therefore, he should reasonably not be expected to support the child. One can also imagine the judge’s response. While we ask the males of our society to be prepared for eighteen years of financial support in exchange for each act of sex, it is not unimaginable to ask of our women to be prepared for nine months of pregnancy in exchange for the same. This is at the same time granting our mother the option of releasing her child for adoption, thereby removing from her any financial responsibility.
Imagine if you will that a man has concocted a potion. This potion, when ingested by a woman, will cause her to take on all of the signs of and symptoms of pregnancy. She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear, only except for delivering a baby, she will deliver an empty placenta. Now imagine this man trickses some unassuming woman into ingesting his elixir. She goes through nine months of torment, after which point the man is brought to justice and his crime is charged before the courts. He is found guilty. Now, I ask you, will he and should he be put to death? The answer of course, is that he will not and should not. Why should the fetus, whose crime is identical and yet who is innocent, suffer any worse of a fate than the hypothetical man who did so maliciously?
A woman burdened by a pregnancy has the option of waiting nine months to be relieved of that burden.
cemper93 wrote:Dude, I just presented an elaborate multiple fraction in Comic Sans. Who are you to question me?
Shivahn wrote:You've got an excellent point in general, but I feel it's important to be pedantic on this one point: it's not a fetus until 11th week of gestation, so it's technically wrong to say that a fetus can be ejected when only a few cells large. I realize that that's a bit pedantic, but I think we should try as often as possible to use the correct terminology on sensitive issues.
That said, it should probably be noted that most abortions aren't even performed on fetuses, but on embryos. So that makes "you're killing a baby" even sillier - often, it's not even a fetus yet.
Xeio wrote:EDIT: Also, you seem to have entirely misunderstood the argument of "location". The issue is not about location at all, the argument is about bodily autonomy, and that the womb happens to be inside another person's body. The argument is that one person does not have any legal right to impose themselves forcefully upon another even if they will die without it.
LaserGuy wrote:I'm not sure that this is necessarily the case. Is a hand a human? No, it is a piece of a human. Is a brain? No, it is a piece of human. How many of the pieces do you need for the pieces to cease becoming pieces and become a human? What are the essential elements? I ask because at various stages of development, a fetus is decidedly lacking in many of the parts that we would normally associate with a human being. Like a heart, or a brain, arms or legs, etc. Is it DNA? Surely not, for all species have DNA, but not all are human. Therefore you cannot take as given that a fetus is necessarily a human, without establishing what criteria you would use to define something as human. It is certainly a living thing, but so are bacteria, plants, slugs, and cows, but we have no problem ending the lives of these things at a whim. Your analogies to chickens and trees and whatnot face the same problem: you are assuming it is the case that a fertilized chicken egg is in fact the same as a chicken, but have no provided actual evidence for the claim; rather, you simply argue by analogy. Indeed, your sandwich analogy works against you: a fetus does not have all of the components of a fully functional human, and thus, based on the argument that you present, would not constitute a human. (The raw materials for a human are not simply a sperm and ovum, by the way; the majority of the raw materials are extracted from the mother's body; moreover, neither the original sperm nor ovum themselves are present in the completed human body).
yurell wrote:That is entirely wrong. There are a whole spectrum of possibilities ranging from a full baby, to a stillborn one, to one born without a brain (won't show pictures because it's too squick for me), ones born with chests held together by only thin, translucent flesh, ones ejected while only a few centimetres long, ones ejected when only a few cells large. There are a large number of developmental problems that are possible, and some that are quite common (e.g. the woman's body simply flushing out an embryo that is unsucessful).
I know yo later address 'born dead' as a possibility, but they can be born very much 'alive' in a state at which they can never become a person, and will soon after die.
Zcorp wrote:You've completely failed to account for the impact on society, at the very least you need to address what happens to the child after birth. What happens with the life of the child born to a mother who does not want them or the life of that child born into the foster care system.
Zcorp wrote:You've completely failed to assert an ethical system or account for one. You obviously have a values system, you just don't directly address what yours is. Abortion is a values issue, you can't avoid talking about values in relation to it.
You also make a variety of assertions about human nature, culture and our goals. You state that overcoming crimes of humanity is our first priority, yet offer no evidence at all to back it. In fact, throughout the entire essay you offer not a single observation of reality to back any of your assertions related to values. This comes across as a giant appeal to emotion. As far as I can tell your conclusion is: Don't kill babies because it makes you fell bad.
Zcorp wrote:You've taken the time to painstakingly discuss weird details "She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear, only except for delivering a baby, she will deliver an empty placenta."
Who is your intended audience? Are they unaware of the birthing process? What is your goal in writing this?
el matematico wrote:You can't leave a fetus on the counter, step out of the room, and then com back to a baby.
el matematico wrote:A fetus can become a fully functional human being or die and become dead tissue. There are your possibilities.
The fetus is without a doubt very much alive. It represents life and, more so, it represents human life. There is no doubt as to whether the zygote or fetus lives, and there is no confusion as to whether or not it is human.
You do have the right to defend your person, but you do not have the right (legally, in any regard) to kill someone unless they pose a mortal risk to yourself.
She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear
yurell wrote:With your kangaroo example, you've basically argued "in a completely different situation, we would see it as wrong, therefore it is wrong in the present situation without translating any of the nuance. For starters, a human being when it is a few centimetres long is completely incapable of crawling anywhere, it is so ridiculously undeveloped that it can't even breath. The woman's life isn't at risk if it's sucking milk from the pouch, as opposed to the difficulties in giving birth to such a large baby, the constant parasitism the baby utilises, the constant change in hormones etc.. In your example, the woman could pick up the little 'lima bean' and ... give it to an orphanage. Everyone's happy. You can't at that stage in real life, though. In short, you carry across all the moral burden but none of the nuance of the real life situation, which makes it a terrible analogy.
Your thought experiment involving the person in the room is another bad analogy. A more apt one would be the fore-mentioned violinist thought experiment. Furthermore, the comparison of a zygote with no brain cells to a fully-functioning, sentient being is truly ridiculous, and designed only as an appeal to emotion. And let's not forget the fact that the person in the room is a person, by your own argument, and was before entering the room. You've not defined person, and many would argue that a zygote a) isn't and has never been a person, and b) a zygote isn't and has never been a human being.
Logical fallacy: false dichotomy. There are more choices than 'human at birth' and 'human at conception'. For example, you cease to be a person once your brain stops functioning; why should you be considered one before it starts functioning?
This is, however, irrelevant, as modern science is also making the fetus less and less dependent on the placenta as well.
Why is this not cited? That just screams [Citation Needed] to me, and I imagine it would to anyone reading your essay too.
A fetus may be considered a “sub-person” by measure of its developmental stage, as likewise the Jews in the time of the Third Reich were considered “sub-human” due to their ethnicity and were without the benefit of the right to life.
Did you just Godwin yourself? I won't accept this as coming even close to a reasonable analogy until you can demonstrate you can freeze a Jew in liquid nitrogen for a couple of months and when you defrost them they'll function perfectly fine, as if they had never been frozen.
“I’m sorry but now Mr. Recipient has the right to your kidney and we can’t change that, perhaps you should not have agreed to donate”
So ... if you change your mind about donating the organ, make this known, they can hold you down and cut it out anyway? I think you'll find that's incredibly wrong.
To address the latter issue, we will note that the benefit of the mother’s situation is that she will again regain full control of her body in its entirety in time.
The changes done can't be undone. Will her feet un-flatten? Will her breasts un-swell? If she dies in child-birth, will she become un-dead? Saying "we're going to make permanent alterations to your body, but that's okay because you'll have full control over what's left later" is fine if they consent to those alterations, otherwise it's called 'mutilation'.
As I have argued in previous threads, that's an argument to allow father's to disown their child, not force the child on their mother. Furthermore, the man doesn't have to do anything but provide some financial liability in this circumstance, while the mother is stuck with all the other responsibilities as well as this one, so the situation is in no way 'he same level of responsibility'.
Imagine if you will that a man has concocted a potion. This potion, when ingested by a woman, will cause her to take on all of the signs of and symptoms of pregnancy. She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear, only except for delivering a baby, she will deliver an empty placenta. Now imagine this man trickses some unassuming woman into ingesting his elixir. She goes through nine months of torment, after which point the man is brought to justice and his crime is charged before the courts. He is found guilty. Now, I ask you, will he and should he be put to death? The answer of course, is that he will not and should not. Why should the fetus, whose crime is identical and yet who is innocent, suffer any worse of a fate than the hypothetical man who did so maliciously?
What if there was another potion, that would act as an antidote to that potion that affected her, that would free her of all her symptoms at the cost of destroying one of the man's sperm cells, and one of the woman's ova. Should she not be allowed to choose to drink it? Your situation is ridiculous.
[/quote]A woman burdened by a pregnancy has the option of waiting nine months to be relieved of that burden.
Because women are simply birthing machines that cannot possibly suffer psychological trauma for this? We can't simply wait nine months to be 'relieved of our burden', the scars stay with us for LIFE. It is fucking disgusting that you think that we should risk our own lives for the sake of a sperm cell from a man who held us down and violated us. Your assertion is wrong.
ztmario wrote:To be honest, I find it a bit odd that no one has said anything in regard to what is actually one of the main points of the essay, which is that gestation is simply a state of human development.
LaserGuy wrote:ztmario wrote:To be honest, I find it a bit odd that no one has said anything in regard to what is actually one of the main points of the essay, which is that gestation is simply a state of human development.
Sure, I can say something about it. Naturalistic fallacy.
ztmario wrote:The question seems to be "how can we define a "person" that would exclude a zygote or fetus, but not also exclude certain other members of society that we consider to be people?" I try to do that and fail.
LaserGuy wrote:Thought I'd just add one more line of reasoning to this one.
In what sense of the term is the fetus alive? I mean, each individual cell is alive, but is the fetus itself a living person?
Well, perhaps one way to ask the question would be this: what does it mean for a person to be dead? If a person is dead, they are, rather by definition, not alive. So we can get to the heart of the matter by looking at the question of "What is death?" to determine "What is life?" A few things quickly become clear: your cells being alive is not sufficient for you to be. It is entirely possible that most of the cells in your body could still be alive, even though you as a "person" are not. Sure, most of these cells will die rapidly, since they lack the necessary functionality to survive long without the rest of the system, but nonetheless, a newly dead person could still be made up of mostly living cells. Your skin cells, for example, can survive for about 24 hours after the heart has stopped beating. So what does it mean to be dead? Medically speaking, the consensus seems to be when your central nervous system shut down, you are dead. Some places still use the beating of the heart as an indicator for death, but this is less reliable since it is possible to restart the heart, and it is possible to build an artificial heart that can keep the body alive. In either case, we can establish a condition for which a human is dead: the nervous system no longer works, the heart is not beating, or perhaps both.
It should be self-evident that the dead are not persons and have no rights. Legally, this is certainly the case, and I think it is pretty difficult to argue in any moral framework that dead are entitled to rights. Zombies, maybe, but that's a different problem. Now, we've established two things: a condition for death, and, associated with that, a condition for rights. So what relevant conclusions could we draw? Suppose, for argument's sake, we choose that our condition for death is the functionality of the nervous system. It follows, therefore, that the functionality for life is also based on the nervous system. For one can either be dead or alive--this set is exhaustive. If it does not have a functional nervous system, it cannot be a living human. This simplifies the problem considerably. The fetal nervous system develops at approximately 27 weeks of gestation. The nervous system at this point is still extremely limited in functionality, but it can respond to simple stimuli and can control some bodily functions. It takes several more weeks before the system is really up-and-running. What this means then, is that, by definition, all fetuses less than 27 weeks through gestation are legally dead. They therefore have no rights, and can be aborted without prejudice. After 27 weeks, things become a bit dicier, and you need other supporting arguments to make the case. However, this exclusion covers somewhere in the order of 99.5% of all abortions. Late-term abortions are most commonly done because the health of the mother is in danger, and there is little dispute over whether such abortions should be done.
You do have the right to defend your person, but you do not have the right (legally, in any regard) to kill someone unless they pose a mortal risk to yourself.
Your ability to use lethal force depends a lot on where you live. In some places in the United States, for example, you are allowed to protect yourself with deadly force from such things as theft, home invasion, assault, kidnapping, or rape, even if such things are unlikely to result in mortal danger to yourself.
She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear
Just to elaborate, I would contend, quite strongly, that if a person were to inflict this degree of assault on your person without your permission, you would be perfectly justified in killing them in self-defense. And this is missing probably 3/4 of the possible symptoms of pregnancy.
LaserGuy wrote:ztmario wrote:The question seems to be "how can we define a "person" that would exclude a zygote or fetus, but not also exclude certain other members of society that we consider to be people?" I try to do that and fail.
I gave you one just above: until 27 weeks of age, the fetus is legally dead. By definition, people are not dead.
ztmario wrote:This ignores the difference between an individual whose faculties are failing or have failed, and an individual whose faculties are developing. This is the difference between allowing nature to take its course and going out of your way to STOP nature from taking its course.
I feel that the issue is that people tend to look at things the fetus lacks and use those omissions to disregard the possibility of it being "alive" simply because an adult human would die without those same faculties. Why can't someone be "alive" without a nervous system if not only are they in a completely natural state in which one is not yet necessary, but are also in the process of developing one?
I would agree with you in an instance where a zygote was determined to be developing in such a way that it would NOT develop a nervous system. In this case, termination is not interrupting human development because the only natural course for the zygote is failure. but when that natural course is normal development, I don't agree with using the lack of a faculty to determine life.
Your ability to use lethal force depends a lot on where you live. In some places in the United States, for example, you are allowed to protect yourself with deadly force from such things as theft, home invasion, assault, kidnapping, or rape, even if such things are unlikely to result in mortal danger to yourself.
Being from the East Coast, I'm more familiar with the concept of equatable force. For instance not being able to shoot someone who pushes me.
Just to elaborate, I would contend, quite strongly, that if a person were to inflict this degree of assault on your person without your permission, you would be perfectly justified in killing them in self-defense. And this is missing probably 3/4 of the possible symptoms of pregnancy.
But I was discussing this in the case of a court trial. Of determining a condemnation of death.
LaserGuy wrote:ztmario wrote:This ignores the difference between an individual whose faculties are failing or have failed, and an individual whose faculties are developing. This is the difference between allowing nature to take its course and going out of your way to STOP nature from taking its course.
I feel that the issue is that people tend to look at things the fetus lacks and use those omissions to disregard the possibility of it being "alive" simply because an adult human would die without those same faculties. Why can't someone be "alive" without a nervous system if not only are they in a completely natural state in which one is not yet necessary, but are also in the process of developing one?
I would agree with you in an instance where a zygote was determined to be developing in such a way that it would NOT develop a nervous system. In this case, termination is not interrupting human development because the only natural course for the zygote is failure. but when that natural course is normal development, I don't agree with using the lack of a faculty to determine life.
Because the possibility of further development doesn't matter. If it does not meet the prerequisites to be considered a person, then it is not one. It may some day become one, but that only becomes an issue when "some day" becomes "now". For example, if I'm in the process of getting my M.D, I don't get to call myself Dr. LaserGuy, simply because I'm a potential M.D. Nor am I allowed to practice medicine--I have to actually complete all of the requirements of the program before I can be considered a doctor. Similarly, if a fetus is a potential person, then it does not yet have the rights of a person. Once it meets all of the requirements of personhood, then it gains all of the rights of a person. Until such time, we are under no obligation to pretend it is one.
Your ability to use lethal force depends a lot on where you live. In some places in the United States, for example, you are allowed to protect yourself with deadly force from such things as theft, home invasion, assault, kidnapping, or rape, even if such things are unlikely to result in mortal danger to yourself.
Being from the East Coast, I'm more familiar with the concept of equatable force. For instance not being able to shoot someone who pushes me.
The level of violence a fetus inflicts on a woman is significantly more harmful than a push. It leads to permanent disfigurement and excruciating pain, among other things.
I'm not sure why a court trial is relevant. If someone is causing you serious physical harm, you have the right to prevent them from doing so, using deadly force if necessary.
ztmario wrote:I mean that in regard to what the purpose of the fetus is. and that is to advance to a newborn, child, etc. Things may surely go wrong, but there is no other purpose of the zygote or fetus other than to continue along the human developmental path. the only "possibility" of my own existence is to continue to continue that same path. now of course things may go wrong, and I may die, but I will not wake up tomorrow as a cantaloupe. furthermore, you wouldn't devalue my life on the basis that I might get hit by a truck tomorrow. Likewise, I ask if you would devalue a fetus' life because it may not survive its gestation in the first place.
Izawwlgood wrote:ztmario wrote:I mean that in regard to what the purpose of the fetus is. and that is to advance to a newborn, child, etc. Things may surely go wrong, but there is no other purpose of the zygote or fetus other than to continue along the human developmental path. the only "possibility" of my own existence is to continue to continue that same path. now of course things may go wrong, and I may die, but I will not wake up tomorrow as a cantaloupe. furthermore, you wouldn't devalue my life on the basis that I might get hit by a truck tomorrow. Likewise, I ask if you would devalue a fetus' life because it may not survive its gestation in the first place.
I still find this entirely irrelevent; as mentioned a few times, you have taken zero effort to maintain why a fetus should be considered a human, and further zero effort to explain why the fate of the fetus trumps the will of the mother. Numerous examples of forced parasitism can be used as an analogy. I see no reason why you have demonstrated that biological material that will eventually become a human infant is more important than the free will of a current human being, insofar as her right to decide to terminate said potential material.
But continuing on with your above point, the necessity to devalue a pre- or current fetus is not necessary to demonstrate it's inferior standing to a present human; there is no legal or moral framework in civilized society that mandates any one individual is REQUIRED to sacrifice anything to ensure the survival of another. That is, if you show me a picture of your sick brother and say "He needs one of your kidneys or he will die", I am under no imperative to acquiesce. None. In my life calculus (and I mean no offense by this), I am infinitely more important to myself than your brother is to me, and I will not be giving him my kidney. Similarly, a woman is under no imperative to carry that ball of cells to infanthood, and one of the perks of being a human being is that she can exercise her humanity and choose what she will do. I see that you are attempting to make a case for choosing life, but your reasoning is flawed, biased, and does a poor job of actually demonstrating why this choice is important to make on the side you want it to fall.
ztmario wrote:Well I already discussed "potential person" in the exact same way you're going about it, and noted the differences. You would be a "potential MD" because you very well may not be an MD for various reasons (excluding death). Likewise, if we exclude death, a fetus has no choice but to continue to develop as a human. it can not at some point develop into a horse instead. However, you CAN decide to stop being a potential MD and instead be a chef. This is a key difference.
ztmario wrote:I only ask why the task is on me to maintain why a fetus is a human. I am simply working on the premise that a fetus IS a human, and debating reasons why it would NOT be considered one. the logic is simply working in the reverse of what you seem to expect. I'm not saying that you don't pose a valid question, I'm just saying why is the burden of proof on my side as opposed to the other way around? why is the base assumption that a fetus is NOT human?
ztmario wrote:And as far as the "requirements" of being a person, I'm still asking how you define that. your answer was with the legal definition, but as I noted, legal definitions are fickle and transitional. I'd like a higher standard than that.
ztmario wrote:I'm not sure why a court trial is relevant. If someone is causing you serious physical harm, you have the right to prevent them from doing so, using deadly force if necessary.
Because this is a condemnation of death, not a spur of the moment attempt at self defense. you defend yourself to protect against immediate harm; you shoot someone to stop them in that instant from hurting you. abortions are usually discussed and considered over a period of days or weeks ... I'm not familiar with a concept of "self defense" that spans days or weeks.
Judith Jarvis Thomson provided one of the most striking and effective thought experiments in the moral realm. Her example is aimed at a popular anti-abortion argument that goes something like this: The fetus is an innocent person with a right to life. Abortion results in the death of a fetus. Therefore, abortion is morally wrong.
In her thought experiment we are asked to imagine a famous violinist falling into a coma. The society of music lovers determines from medical records that you and you alone can save the violinist's life by being hooked up to him for nine months. The music lovers break into your home while you are asleep and hook the unconscious (and unknowing, hence innocent) violinist to you. You may want to unhook him, but you are then faced with this argument put forward by the music lovers: The violinist is an innocent person with a right to life. Unhooking him will result in his death. Therefore, unhooking him is morally wrong.
However, the argument does not seem convincing in this case. You would be very generous to remain attached and in bed for nine months, but you are not morally obliged to do so. The parallel with the abortion case is evident. The thought experiment is effective in distinguishing two concepts that had previously been run together: "right to life" and "right to what is needed to sustain life." The fetus and the violinist may each have the former, but it is not evident that either has the latter. The upshot is that even if the fetus has a right to life (which Thomson does not believe but allows for the sake of the argument), it may still be morally permissible to abort.
LaserGuy wrote:Well, strictly speaking, the definition that I'm using is not the legal one, it is the medical one. The legal definition was chosen to be the same as the medical one, because it is medical professionals who are most likely having to make such evaluations, and inconsistency between the law and the medical practice would cause some serious problems. The boundaries here are pretty strict though, because, as I said when I built up this syllogism, I defined it in terms of death. We know that at some point, the body ceases to function and the person is clearly no longer alive. It simply comes down to figuring out which systems most accurately reflect this state. The nervous system is a natural choice, because the brain controls all of the other systems: a body is incapable of responding in any way without a functional nervous system. As I said before, the circulatory/respiratory systems are also somewhat natural choices, or perhaps a combination of the two. Regardless of which systems you choose, almost invariably you will find some point in time which the fetus lacks the appropriate systems.
ztmario wrote:One would logically assume that if you are “developing” some human trait in particular, then you are also a developing human.
ztmario wrote:As a final point before moving on, it is worth noting that some attempt is made to identify the fetus as a person or not dependent upon how far along he is in his development. Specifically, the omission of one body part or another, or of the reception of some particular stimuli, is used to classify “people” and omit a human of a certain age or less. All that needs to be said is that a human being can conceivably be born without any number of senses or body parts, from the ability to feel pain to the absence of a brain. And we may be born alive without these faculties and considered people, regardless of the certain death we may face as a result. It goes without saying that the mother of a baby newly born with Harlequin type ichthyosisis would not told that her child was only “potentially” a person simply because he failed to properly develop skin within the womb. Simply, attempting to define persons by their body parts or the development of their senses and functions is not a logical course of action.
ztmario wrote:Imagine if you will that a man has concocted a potion. This potion, when ingested by a woman, will cause her to take on all of the signs of and symptoms of pregnancy. She will experience morning sickness, gain weight, swell, and, after nine months of such symptoms, even go through the excruciating process of a natural childbirth. Her vaginal canal will even stretch and possibly tear, only except for delivering a baby, she will deliver an empty placenta. Now imagine this man trickses some unassuming woman into ingesting his elixir. She goes through nine months of torment, after which point the man is brought to justice and his crime is charged before the courts. He is found guilty. Now, I ask you, will he and should he be put to death? The answer of course, is that he will not and should not. Why should the fetus, whose crime is identical and yet who is innocent, suffer any worse of a fate than the hypothetical man who did so maliciously?
ztmario wrote:And as I stated in the opening, I am shying away from legal definitions of life and death, or of personhood, because legal opinions are fickle and ever-changing.
ztmario wrote:Say perhaps that you invite a friend into your house, with the intention of having a pleasant evening of conversation. At some point the night turns sour, and you and your friend engage in a hostile exchange of words. He offends you, and you call the police with the intent of pressing charges for trespassing, under the notion that he is no longer welcome as the conversation has strayed from your original intent. Such charges would of course fail to materialize.
ztmario wrote:I may be wrong in stating this, but I disagree that the raw materials for a human are extracted from the mother's body. I believe that what is extracted from the mother's body is sustenance. If that's the case, then this would be akin to calling pizza and hamburgers the raw materials for me. They may be fuel, but they're not the raw materials. However, as I said, I may be incorrect.
ztmario wrote:As far as the right to defend yourself, I cover this as well. You do have the right to defend your person, but you do not have the right (legally, in any regard) to kill someone unless they pose a mortal risk to yourself. That's why I ask if death is an equatable solution to nine month's of inconvenience? If I sit on your lap without your consent, you can surely push me to the floor, but you are generally not allowed to pull out a knife and slit my throat from behind. You can use force, but it must be equatable.
ztmario wrote:Because this is a condemnation of death, not a spur of the moment attempt at self defense. you defend yourself to protect against immediate harm; you shoot someone to stop them in that instant from hurting you. abortions are usually discussed and considered over a period of days or weeks ... I'm not familiar with a concept of "self defense" that spans days or weeks. if you can wait that long to act, then the danger or harm is clearly not so severe that death is a justifiable response.
ztmario wrote:It is also important to note that the majority of arguments both for and against the prospect of abortion rely on arguments that are neither logical nor relevant. An example of one such argument against abortion is that it may cause considerable psychological trauma to the former mother at some point farther along in her life. True or not, this is irrelevant.
An example of irrelevancy on the side of those advocating choice is saying that many teenage mothers face a decreased quality of life with the birth of their child or children. Again, this is not in doubt, but similarly there are any number of activities which humans engage in that may cause a decreased quality of life, and quite often these activities are legal. Furthermore, if abortion is in fact murder, one could hardly find the prevention of a decreased quality of life to be justifiable grounds for homicide. While these arguments may offer some plausible understanding of the merits that stand for or against abortion, they generally do not answer the fundamental questions, which we will attempt to do herein.
A final notation is to point out that with a few exceptions or inclusions, we will use the term “fetus” to describe the state of the unborn child. While this is correct, it is used to speak to the general image and description of the aborted life and does not mean to preclude the earlier stage in human development, the zygote, from inclusion in the defenses we will discuss. While we question the rights and the circumstances of the fetus, keep in mind that these arguments are implicitly in defense of every stage of life beginning with conception, which is the point at which the human being first comes into existence. Keeping these points in mind, we may continue to the body of the discussion.
The first question in our journey towards a logical truth is whether or not a fetus is a life. This is the first question which, if answered in the negative, ends all possible argument on the matter. Luckily enough for the existence of this essay, it is also the easiest question to answer. The fetus is without a doubt very much alive. It represents life and, more so, it represents human life. There is no doubt as to whether the zygote or fetus lives, and there is no confusion as to whether or not it is human. The next part of this question, and the more difficult to answer, is whether or not the fetus is a human being, or if you prefer, a person.
The first accusation is that while being a human life, the fetus is not a human being but a potential human being. Until it actually becomes a human being proper, it is not allowed the benefit of our legal system’s protection. The oft used comparison is that a fetus is not a human, in the same way that an acorn is not an oak tree and an egg is not a chicken. This comparison is particularly misleading, because it ignores the differences between biological entities and stages in biological development.
An acorn is not an oak tree, this is true. But a human spermazoa is not a human either. And while an egg is not a chicken, neither is the human ova a human being. However, an acorn that has germinated and begun to sprout is now a member proper of the oak species, it simply is not at the stage that would be considered an “oak tree.” It is a seedling, and will grow to a sprout, then a sapling, then a youth, and then an adult. Much like a human goes from zygote to fetus to baby to infant and etc. simply put, the acorn is a form of misdirection. The second form is the egg.
An egg is a container. Serving the same function as the chicken egg is the human placenta, which grows within the uterus and contains the human fetus. An egg is not a chicken, and a placenta is not a person. But what is inside the chicken egg? The answer, obviously, is a chicken. What is in the human placenta? The answer, again, is obvious.
Simply put, potential humans only exist as raw materials in the form of sperm and ovum within human beings themselves. Now, it is fair to say that something may be potentially something else even while it is actively engaged within the process of becoming that other thing. Surely if I have ham, cheese, and two slices of bread, I have a potential ham and cheese sandwich. And if I put a slice of ham on a single piece of bread, you would say it is still a potential sandwich, and not call it a ham and cheese sandwich until all the necessary components were in place. If I stop making the sandwich halfway through, all that’s left is a potential sandwich and no one that comes across my half-finished lunch is going to refer to it as a sandwich. The difference here, however, is that my lunch meats and loose bread will not go about fulfilling their potential on their own. I can not leave them on the counter, step out of the room, and then come back to a sandwich. A fetus, of course, will continue to develop quite happily and successfully all on its own, and regardless of outside intervention. All it requires is sustenance, but we can hardly hold this against the fetus since this is the same thing all humans require, and we are not listed as “potential humans” simply due to our requirement of food and water.
A second strike against the suggestion that a fetus is only “potentially” a human is the fact that the fetus has no choice but to go on developing. You could say that one is a “potential” author, and by this you might mean that he is very well written and perhaps creative enough to weave a captivating tale. He is not, however, a published writer, and so is only potentially an author. The difference however, is that our aspiring novelist has the option of not becoming an author. He may exist in a difference state (as our slice of cheese may end up on a hamburger, or our slices of bread may be toasted and buttered for breakfast), and his potential authorship may go untapped. The fetus, on the other hand, has no such option. It is a human being, and will continue to go on developing as a human being. Before we continue, take a look at the definition for potential:
1: existing in possibility: capable of development into actuality <potential benefits>
2: expressing possibility; specifically : of, relating to, or constituting a verb phrase expressing possibility, liberty, or power by the use of an auxiliary with the infinitive of the verb (as in “it may rain”)
Note “existing in possibility.” A human fetus is not “possibly” a human being. To say such would imply that it will “possibly” become a human, but it may “possibly” also become a vampire bat or a Louisville Slugger. The only “possibility” for a fetus is to move on to the next stage in human development, which is a newborn, or a baby. When there is but one possibility, that is no longer a possibility, it is a definite and it becomes the definition of the object in question. As noted in the second definition, when there is the potential for something, you might say something along the lines of “it may rain.” Notice however, that no one says “my pregnancy may result in a human.” It is also worth noting that none of the natural traits of that fetus are items of potential either, as they are all written quite concretely into the fetus’ genetic code. We may not be able to determine whether a fetus will be male or female, but the fetus itself has already made that distinction when it came into being.
No, simply put, there are no possibilities in regard to the future of the fetus. The only outcome other than the newborn stage of development is death. And this is the same for all members of our species, in every stage. These notions however, as persuasive and logical as they may be, still reside in the realm of opinion. The definitions of words are fickle things, and by striking the technical term of potential we simply invite a substitute. Noting as we have the fallacy of the supposed “potential human,” we will now approach the issue from a more logical and arresting standpoint. We will however, continue to refer to the concept of the “potential human” as it is this specific concept we are addressing.
Imagine that a bean-sized human baby crawls from her womb, grasps and pulls itself along her pubic hair and finally comes to rest in her “pouch,” a pocket of skin that, for the purpose of our thought experiment, all human woman now have along their midsections. Imagine that newborn “fetus” grabbing at its mother’s nipple (now transplanted to the interior of her stomach pouch) and suckling it, as any newborn is apt to do. Now, imagine that mother reaching into her pouch, withdrawing the baby, and promptly squishing it between her fingers. Would you consider her to be within her rights to do this? Would this be substantially different than squishing the head of her other child, a nine month old who just recently emerged from the same pouch?
The answer for most would be no, this is not all right.
We view the newborn joey as a baby kangaroo, but a kangaroo nonetheless. It simply cannot be defined as a “fetus,” a term which scientifically fails to apply at the moment of birth. The “fetal” stage is simply the stage at which an organism exists within the body of its parent. To the advocate of the potential life form, the Joey ceased to be potential at the moment it was born. However, it is developmentally in the same exact stage as the so-called potential human. Logically, we can therefore determine that this notion of potential humanness cannot be based on gestation, developmental stage, viability (although we will return to this notion), appearance, or any other circumstance which the human fetus shares with the marsupial joey. The only possible distinction between the human fetus and the joey is in their location. The fetus resides within the womb and the joey resides within a pouch. The fetus can therefore only be potentially a human due to a matter of real estate.
It is beyond naïve to assume that a moments before birth a fetus is no more than a lump of human tissue, with no claim to personhood, and no defensible rights and yet, the second of birth it is now a human being and its killing (infanticide) is one of the most heinous acts of the human imagination.
The fetus can quite literally do nothing on its own, and this includes breathing, which puts it in a separate class from a newborn baby. It does, however, put it in the same class as an invalid dependent upon life support for survival. There are of course persons in such a horrible state of damage that their every vital function is maintained solely through the use of mechanical apparatus. These individuals do not, of course, become “potential humans.” They do not at that point lose their right to exist.
Now, the astute observer will point out that in this case, the next of kin has the right to terminate those dependent functions.
In the case of the ward being a child, the mother has the legal and perhaps even moral right to remove all such life support. This is indeed true. However, this is only in such cases where the return of viability is seen as being not likely. For instance, suppose a child is undergoing a heart transplant. At the moment that the diseased heart is removed, that child is no longer viable and is now being kept alive through mechanical means until the healthy heart can be introduced. The mother may decide that this is her chance, run into the operating room, and demand that her child be taken off life support. This will of course, not happen. Likewise, while the fetus is in fact completely dependent on the mother’s life support system, a healthy fetus not only has a “likelihood” of attaining viability, but a certainty of it. Imagine another ill child, solely dependent on a respirator for survival. Her doctor approaches the child’s mother in the waiting room and declares that the child will make a full recovery within nine months. The mother responds that she’d like the child taken off life support and be allowed to die. Now imagine the doctor’s response. He will undoubtedly do no such thing, and it is more than likely that he will place a call to social services. The same applies for the fetus.
Jane and Jill are conjoined twins, and they are joined skeletally at the midsection. They have the appearance of one torso with two heads, but actually consist of two spines. Each is more dependent on the other than our fetus could ever be on its mother, simply through the virtue of the fact that the fetus will certainly overcome that dependency, and will usually do so long before its natural birth date. Jane and Jill will always be dependent. Despite this, Jane and Jill have two social security numbers, two drivers’ licenses, and can vote separately in elections. Despite their complete dependence on another, they are fully realized human beings and afforded every such protection under the law. The only question is whether or not Jane and Jill are an exception due to their co-dependency. Surely a mother is not dependent on her fetus for survival.
ztmario wrote:el matematico wrote:You can't leave a fetus on the counter, step out of the room, and then com back to a baby.
No, but you can leave it in a uterus, go about your life for nine months, and then find yourself with a baby. I don't know why it's necessary to get so literal as to mention a counter. my main point remains the same.
A fetus, of course, will continue to develop quite happily and successfully all on its own, and regardless of outside intervention. All it requires is sustenance, but we can hardly hold this against the fetus since this is the same thing all humans require, and we are not listed as “potential humans” simply due to our requirement of food and water.
A corpse is not a person, even if at some point it was alive. A fetus can pass directly to the corpse state and never be a person.ztmario wrote:the possibility of death does not remove personhood. Every man, woman, child, and fetus on this planet may die and become dead tissue. I thought I ended up mentioning that.
elasto wrote:ztmario: I haven't seen you post a convincing rebuttal to the Violinist thought experiment:Judith Jarvis Thomson provided one of the most striking and effective thought experiments in the moral realm. Her example is aimed at a popular anti-abortion argument that goes something like this: The fetus is an innocent person with a right to life. Abortion results in the death of a fetus. Therefore, abortion is morally wrong.
In her thought experiment we are asked to imagine a famous violinist falling into a coma. The society of music lovers determines from medical records that you and you alone can save the violinist's life by being hooked up to him for nine months. The music lovers break into your home while you are asleep and hook the unconscious (and unknowing, hence innocent) violinist to you. You may want to unhook him, but you are then faced with this argument put forward by the music lovers: The violinist is an innocent person with a right to life. Unhooking him will result in his death. Therefore, unhooking him is morally wrong.
However, the argument does not seem convincing in this case. You would be very generous to remain attached and in bed for nine months, but you are not morally obliged to do so. The parallel with the abortion case is evident. The thought experiment is effective in distinguishing two concepts that had previously been run together: "right to life" and "right to what is needed to sustain life." The fetus and the violinist may each have the former, but it is not evident that either has the latter. The upshot is that even if the fetus has a right to life (which Thomson does not believe but allows for the sake of the argument), it may still be morally permissible to abort.
I don't feel like I need to expand on it because it is a very powerful and succinct argument. This thread has turned towards the argument over whether a foetus is a person but the pro-choice argument is much more fundamental than that.
el matematico wrote:An uterus is not enough for a fetus to develop, you need a living mother until very late in the development. If a whole living human being's actions are not an outside intervention, then you can leave the kitchen and come back to see a sandwichyour roommate madethat came to be without outside intervention. Just because the mother's part in the fetus development is not a voluntary conscious action (like making a sandwich) does not mean you can dismiss it.
A corpse is not a person, even if at some point it was alive. A fetus can pass directly to the corpse state and never be a person.[/quote]ztmario wrote:the possibility of death does not remove personhood. Every man, woman, child, and fetus on this planet may die and become dead tissue. I thought I ended up mentioning that.
ztmario wrote:excluding death, what is the possibility that a fetus will develop into a baby? as I understand it, this is the ONLY possibility. at that point, it is a certainty.
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