Seth wrote:Forty Two wrote:Seth wrote:
What is the factual scientific or biological difference between a 9 month old human being in utero and the same human being three seconds later, having been delivered outside of the uterus, other than physical location?
As far as I know, there are none.
That's a baby. My daughter was born at 37 weeks. She was a baby when she was born, and she was a baby a few hours earlier when my wife's water broke.
I agree. There is no biological difference, only a difference of location.
Not exactly. There are differences, just not significant ones. Biologically, the baby a few hours earlier is being fed oxygen through a tube and is not breathing. That's a biological difference, just not one that's particularly significant. So, I'll clarify my "there are none" answer above, by saying there are no significant differences at that stage.
Now, using your own logic, people may find the function of breathing to be a key distinction. That's a subjective value judgment.
Seth wrote:
Why should the decision to kill a full-term unborn human being without penalty be left entirely to the woman when the decision to kill the same human being three seconds later is subject to the most rigorous of reviews and stringent of prohibitions in law, absent justifiable cause and careful review?
It shouldn't. That's one of the reasons why I don't support abortion on demand for no good reason at full-term.
And we agree here as well. But I hear the crickets chirping...[/quote]
So far we agree.
Seth wrote:
What is the moral, legal and ethical distinction between an unborn living human being at any stage of development from zygote to full-term fetus that justifies leaving the decision to kill said living human being solely in the hands of the mother?
Moral distinction? Well, I think that it's generally "immoral" (in my view) to have an abortion for no good reason at any time. However, I do think it is moral to have an abortion when the mother is very young and has been raped, if the child is conceived of nonconsensual incest (which is also rape), and that sort of thing. If, for example, my daughter was raped, and became impregnated, I would find it decidedly immoral to NOT allow her to get an abortion. In fact, if she was very young, like if she got pregnant at age 12, I think the abortion should just be done quickly and early, and it might be best if she didn't even know she had been pregnant.
Now, as for the moral distinction between an unborn zygote and a full-term fetus, there is a moral difference in that it would be much more preferable to abort, say, in the zygote stage than full term. Many zygotes are expelled from the body or miscarried later, and so it can be argued that it is less likely that a zygote would survive anyway. The zygote has no nervous system, or brain function or even organs, etc. Thus, very early on in the pregnancy, at the zygote stage, there is, some studies have shown that almost 1/3 of them miscarry. So, there is a significant difference between them. So, while I do not believe it is moral to abort for no good reason, there are certainly differences between zygotes and fullterm pregnancies that could allow for different views. I would say that a woman who has been raped should be able to abort the pregnancy early on. But, she would not be morally justified in doing so at 48 weeks.[/quote]
A well-stated rationale. Thanks. So, we begin to narrow the window for justifiable abortion somewhat at least. Most embryologists eschew embryo research as a matter of ethical policy after the formation of the notochord, or "primitive streak", which is the first appearance of a nervous system, and therefore, according to some, may represent the first ability of the embryo to "feel pain." Others extend this limit well into the fetal period, which begins at the 8th week of gestation.
So what physiological aspects of embryonic-fetal development would rationally serve to preclude elective abortion?[/quote]
That's difficult to say, and there is no clear line that is going to be applicable to every pregnancy, because there are pregnancies that develop faster or slower (a statistical distribution). I have to say that I do not know what physiological aspects might be determinative in answer to your question.
My position on preclusion of elective abortion is a balancing of interests, and I do not base it entirely on physiological development. I approach it more like carving a statue. I chip away at parts of it. Like, "full term" -- when the baby is considered full term, I really can't see anything other than emergency medical situations as justifying abortion, and certainly not "elective" abortion at 36+ weeks.
Then there is the "premie" stage where babies can be born alive and often survive on their own unaided. I think it's too late at that stage for an elective abortion too. Medical necessity is, of course, something that should be available, but if we're talking about elective abortions, then no. If the baby can reasonably be born premature then I can't imagine just electively aborting it.
Then there is the premature stage where medical technology has increased survivability -- down to like 24 weeks -- 24 weeks premature babies can be cared for in the hospital and develop into normal adults.
In the first 8 weeks-ish, we see there is no spinal cord and at the early stages there ARE significant biological differences compared to late pregnancy and we have a significant risk of miscarriage naturally, etc. It's very early. So, I would allow elective abortion through 8 weeks.
So what about weeks 9 through 23?
Here is where I have a hard time and I am open to many compromises.
I would probably have abortion be a medical decision between the mother and doctor through about 20 weeks. After 20, I think the mother has been afforded more than enough time to know she's pregnant and figure out what she wants to "elect" to do. After 20 weeks, I think the law and public policy can and ought to step in to provide guidelines. I think this is pretty much what they do in the UK.
In Canada, I also like the way they do it -- they have no federal abortion law in Canada, but abortion is regulated through the medical profession, and you don't find abortions being done after about 20-odd weeks. They just aren't done unless there is a medical necessity.
Seth wrote:
Legal distinction -- that depends what the law says in a given jurisdiction. The legal distinction in the US is set by State law, governed by Constitutional limitations stated in Supreme Court precedent as to when a State law restricting abortion is unconstitutional. There are plenty of times when the law must allow immoral behavior to be legal, and this is often a practical policy decision, and also an analysis of basic, fundamental rights.
This of course presumes that the society involved recognizes that "basic, fundamental rights", as opposed to permissions granted by majoritarianism, actually exist. Clearly, in a society where there are no rights as a matter of social interpretation, there are no "legal" limits at all on when abortion may be either permitted or prohibited.
Of course, but in the US there are basic, fundamental rights.
But, of course in societies where there are no rights as a matter of social interpretation there are legal limits. The laws are still enacted, and they limit what they limit. What you mean is that in those societies, there are no constitutional limits on what the law might say. That's true.
Seth wrote:
Ethical? What code of ethics are you referring to?
Pick one. Medical, social, familial, historical...
You pick one. I'm not writing your questions for you. I give you the courtesy of good faith attempts to answer your questions. But, like, if you ask me if abortion is legal or illegal and I ask you what jurisdiction you're referring to, and you say 'pick one, Alabama, Russia, France, ancient Sumeria...." I'm not going to fill in that blank.
Seth wrote:
Assuming arguendo that the killing of a living human being without just cause and judicial review is ever acceptable, what constraints upon the authority of the mother to terminate the living human being within her apply at what stages of development, and why?
I think for the first 20 weeks or so, the decision should be exclusively the mother's decision, and thereafter I think it becomes a decision of medical judgment based on the risks to the mother and developing child. The mother ought not be required to die on the hospital table. So, there is going to be a balancing of risks and interests here. In the early part of the pregnancy, however, the mother must, as a practical matter, in my view, be afforded a wide berth in her decisionmaking. Once she's had a fair opportunity, however, to decide, then I think "preference" gives way to "medical judgment."
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Why 20 weeks?[/quote]
A practical suggestion based on my approach to the issues, as outlined above. After 20 weeks, we get into significant issues of viability outside the uterus, and the mother has had, in my view, more than a sufficient amount of time to learn of the pregnancy and decide what she wants to do.
Seth wrote:
What are the specific criteria you use to determine that 20 weeks is appropriate and 21 weeks not appropriate?
I don't suggest that 19 or 21 might not be more appropriate. 20 is my rough estimate on where we need to look, because soon after that we get into areas of viability outside of the uterus. There is no magic number, and I do not suggest 20 because it is universally applicable and has a completely verifiable application to every pregnancy. It's more like an age of consent type analysis. Is 16 the right age for sex? Why not 15 or 17? Is 21 the right age for alcohol? Why not 18? 16? No age? why not 25? Some 18 year olds are very mature, and some 15 year olds are just as mature, and some 25 year olds are like middle schoolers.
No "cut off" on an issue that involve statistical distributions can ever be shown to be "the" number. It comes down to public policy compromise and pragmatic solution to a social problem.
Seth wrote:
I would agree that there is always a need to balance the risks to the mother of continuing a pregnancy that may harm the mother, but the definition of "harm" is, as of today, extremely flexible and broad enough to drive a tank through. Some putative future economic or social impact is currently enough in the minds of most pro-abortionists to justify abortion at any time, right up to delivery.
So, are there more specific criteria involved in the idea that the mother's health, safety and welfare must take precedence?
I don't know. Are there? If so, what?
Seth wrote:
These are the sort of questions that must be considered and discussed before a rational, ethical and moral decision can be made about authorizing abortion.
Consider them asked of you now. Please answer them.
You're doing very well yourself. [/quote] Yes, but I am not on trial here, and in a discussion both sides will give the courtesy of answers to questions.
Seth wrote:
My position is that of the Socratic interlocutor who entices you to sound reasoning and careful explication of your notions on the subject.
I reject that. You are not my interlocutor. This is a discussion between two forum members, and while I do endeavor to give straight answers to questions posed, I do require others to respond with similar courtesy to my questions.
Please do.
Seth wrote:
Now, if only the pro-abortionists would engage in similar sound and logical reasoning... Oh well...
If only you would, too.
“When I was in college, I took a terrorism class. ... The thing that was interesting in the class was every time the professor said ‘Al Qaeda’ his shoulders went up, But you know, it is that you don’t say ‘America’ with an intensity, you don’t say ‘England’ with the intensity. You don’t say ‘the army’ with the intensity,” she continued. “... But you say these names [Al Qaeda] because you want that word to carry weight. You want it to be something.” - Ilhan Omar