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Author Topic:   Points on abortion and the crutch of supporters
RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 322 of 440 (140531)
09-06-2004 10:32 PM
Reply to: Message 321 by Trump won
09-06-2004 8:55 PM


the beginning, and the line to humanity
I am going to upset some people, I know, but there is an issue here that needs to be addressed on this question.
In one sense, once you start arguing about "when does life begin" you need to take the argument to it's logical conclusion: the first cell. {added by edit} By the first cell, I mean the very first living cell, 3.5 billion years ago. {end edit}
What is important to consider is when does the life start being human?
This distinction is important: on common moral grounds it needs to be consistent with current medical practice in determining when a life has ended, as these criteria have been developed over a significant period of time with a lot of ethical input from all sides into the specific considerations involved.
There are two levels considered. One is the concept of clinical death where doctors declare a patient to be dead. The other is the concept of brain dead, where the body can continue to breath and circulate blood as long as nutrients are supplied, but there is no conscious brain activity capability left.
On the first the standards are clear - from the Legal Definition of Death (click):
UNIFORM DETERMINATION OF DEATH ACT
1. [Determination of Death.] An individual who has sustained either (1) irreversible cessation of circulator and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, are dead. A determination of death must be made in accordance with accepted medical standards.
That's the legal nuts and bolts of it: either failure of [heart\lung] system or total brain failure.
The first category is a little more into the grey area, as it cannot be determined definitively unless the patient is taken off life support — a rather drastic test. Typically the limit of saving premature babies depends on the level of development of the lungs - before a certain point the lungs just cannot be made to function. Likewise the heart needs a certain level of development before it is capable of sustaining circulation - on it's own - within the fetus. This point follows after the brain differentiation, and so it would be the latest legal limit for using this definition of death as a threshold for life, below which the fetus has not reached the status of being legally alive. This point would have to be determined by professionals in each case, based on the actual level of development the fetus has reached.
If a fetus does not meet the criteria to pass this life/death test then it legally could be declared dead, and abortion would no longer be an issue. In my opinion this sets a lower limit on the question of abortion to the point where legal death cannot be ruled out, and anything below that cannot be justified from a legal standpoint.
The second standard is a little more difficult to establish on a broad cultural and social basis except by taking into considerations the beliefs of the family involved and the diversity of levels acceptable to individuals. This includes the concept of personhood. From Biology, Consciousness, and the Definition of Death (click)
(excerpts - with some loss of context: see whole paper for complete context)
Some philosophers and scientists have argued that the whole-brain standard does not go far enough. Several leading authors on the subject have advocated a higher-brain standard, according to which death is the irreversible cessation of the capacity for consciousness. This standard is often met prior to whole-brain death, which includes death of the brainstem -- that part of the brain which allows spontaneous respiration and heartbeat but is insufficient for consciousness. Thus, a patient in a permanent coma or permanent vegetative state (PVS) meets the higher-brain, but not the whole-brain, standard of death.
From the present perspective, then, the core-meaning argument does not settle the question of the nature of human death. A more promising approach, on this view, is to take seriously the fact that we are not only organisms; we are also persons. According to one prominent argument for the higher-brain standard, the capacity for consciousness is essential to persons -- essential in the strict philosophical sense of being necessary: Any being lacking this capacity is not a person. It follows that when someone permanently loses the capacity for consciousness, there is no longer a person associated with the body. The person who was, is no more -- that is to say, she is dead. Thus, the argument goes, human death is captured by the higher-brain standard.
Finally, any effort to base a standard for human death on "our" values confronts the problem of value pluralism. While liberal intellectuals, and perhaps a majority of Americans, are likely to regard a future of permanent unconsciousness as meaningless, many people -- some of them religious fundamentalists -- would disagree. For the dissenters, biological life in PVS or permanent coma is at least life and therefore valuable (perhaps infinitely so). For at least some of these people, such a state is meaningful because it is a gift from God, a gift that must not be thrown away through active killing -- or defined away with a new definition of death.
It is firmly established, both in case law and in medical ethics, that competent adult patients have the right to refuse life-supporting medical treatments, even artificial nutrition and hydration. By the same token, an appropriate surrogate can refuse life-supports on behalf of the legally incompetent if there is sufficient reason to believe the patient would have refused treatment in the present circumstances. Because of this broad legal and moral right to refuse treatment, life-supports that are unwanted or are considered unhelpful -- including life-supports for permanently unconscious patients -- can be terminated without first declaring the patient dead.
This last paragraph is the key to my thinking. Until the fetus has achieved the status of "personhood" discussed above, the "appropriate surrogate" - in this case the family - can decide to terminate life support, and if the patient naturally expires due to failure of the {circulator and respiratory functions} to maintain life on their own, then the legal issue is settled.
Certainly in cases where continuing a pregnancy endangers the life of the mother, the doctors could perform an early-term C-section, and once the {fetus\premature child} was removed the family could direct that no heroic measures be taken to see if the {fetus\premature child} survives or dies a natural death on its own — this choice is currently legal, as there are people of certain religious beliefs that they would chose to let nature take its course and have insisted on their right to their beliefs. This certainly fits with the end of the material quoted above:
Because of this broad legal and moral right to refuse treatment, life-supports that are unwanted or are considered unhelpful -- including life-supports for permanently unconscious patients -- can be terminated without first declaring the patient dead.
I submit to all for consideration, that any method that results in the removal of a fetus from a womb, but that does not harm or endanger the {patient} in any way except for the removal of life-support only by request of the immediate family, results in a legal death due to natural causes.
The issue of rights is such that a standard that allows all people to enjoy a right that does not inflict harm on other persons cannot be refused, but any that tries to impose a standard that restricts such behavior for some is unethical — even though people may choose to live by that higher standard themselves (if they do not harm other persons by doing so). In this regard the concept of personhood shows where the legal choices should be allowed.
Enjoy.
This message has been edited by RAZD, 09-07-2004 10:02 AM

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 321 by Trump won, posted 09-06-2004 8:55 PM Trump won has not replied

Replies to this message:
 Message 323 by NosyNed, posted 09-06-2004 10:37 PM RAZD has replied
 Message 329 by Silent H, posted 09-07-2004 6:45 AM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 324 of 440 (140545)
09-06-2004 10:57 PM
Reply to: Message 323 by NosyNed
09-06-2004 10:37 PM


Re: something new
... so do I get a POTM for it? (image of little boy jumping up and down) huh? huh? pleeeeeze?
thanks.

This message is a reply to:
 Message 323 by NosyNed, posted 09-06-2004 10:37 PM NosyNed has not replied

Replies to this message:
 Message 325 by Asgara, posted 09-06-2004 11:00 PM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 326 of 440 (140559)
09-06-2004 11:40 PM
Reply to: Message 325 by Asgara
09-06-2004 11:00 PM


Re: something new
woo-hooooo!!!

%

I would like to take this opportunity to thank my mother, who has been a feminist from before the word was first used, and my father who has encouraged free thinking on all social aspects and ... {{UUURKK!!!}}
Sorry for the interuption folks, the interlocutors have been directed to the proper forum for this issue. We now return you to your regular OT ...
{and no, the irony of that statement is not lost on me}

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 325 by Asgara, posted 09-06-2004 11:00 PM Asgara has not replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 337 of 440 (140640)
09-07-2004 11:00 AM
Reply to: Message 329 by Silent H
09-07-2004 6:45 AM


Ask just about any proLifer and they will tell you that you start being human at the first cell as well. After all, that cell is not about to turn into a dog, or a whale, it will only become a human being, as it is made with only human precursor materials.
My fault for not being clearer: I meant the first cell 3.5 billion years ago. There has been a continuing transfer of living material from that point in time to every living thing. THAT is when life started. Thus to state that a fertilized egg is the point in contention is just as arbitrary as saying it is when a child is born.
In both definitions the word "irreversible" is used and that is a key to the idea of death.
A couple points here (1) the phrase is "irreversible cessation" and if there is no evidence of those functions then there can be no "reversible cessation" and (2) this is understood to mean "by available medical practices" so that if a child is born naturally premature at a stage where it cannot be kept alive by the amazing techniques currently available it will perish, and likewise a child born premature where current technology can save the childs life, but the parents belong to a religious sect that rejuects medical assistance then the child will perish as they have the right to refuse treatment.
What it seems you have laid the groundwork for is NOT the validation of keeping abortion legal, but rather if legal, within which bounds would be the most in tune with our concept of not "hurting" another living being, legally or otherwise.
Make that not infringing on the rights of another person, and getting into the definition of "personhood" and I will agree to a point.
Going back to the legal definition of death, there is a point before any of the critical features have developed, and there would be no question of "personhood" rather just on sustainability. To me this means there is no question about a time period in which an abortion should be legally available to all with no questions. After that it becomes a dialogue between the doctor and the patient on where the cutoff line is for the patient.
There needs to be as flexible a set of options at one end as there is at the other in order to account for and allow the range of personal beliefs that free people have.
Enjoy.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 329 by Silent H, posted 09-07-2004 6:45 AM Silent H has replied

Replies to this message:
 Message 339 by Silent H, posted 09-07-2004 12:55 PM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 338 of 440 (140641)
09-07-2004 11:09 AM
Reply to: Message 306 by jar
09-06-2004 12:05 PM


further
when they agree to accept every child available for adoption
I go further than that -- when they accept responsibility for taking care of the mothers, so that they would only be bringing children into loving, caring and functional homes.
When we have single teenage chidren having a second child there is something wrong with the system that takes care of them.
Telling such a child that she may not have an abortion is not the answer.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 306 by jar, posted 09-06-2004 12:05 PM jar has not replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 340 of 440 (140701)
09-07-2004 3:45 PM
Reply to: Message 339 by Silent H
09-07-2004 12:55 PM


... it is the same as pulling life support from a person in the middle of an operation where such vital signs are not there, but will be if the operation is allowed to continue.
Your argument, to me, suggests that we can track a gestational being's progress/development such that we can understand when it is so much like a dead thing that ending its life is almost meaningless... for that entity, and for those in society who judge "personhood" based on physical qualities.
No the operation is not similar, as the person being operated on has developed personhood.
And yes, sort of: if it is like other life that does not get any special treatment (rather than like a dead thing). More like a non-significant life.
And yes this discussion will bring up both infanticide and euthanasia as more extreme positions. Personally I have no problem with people choosing to die peacefully, but the more touchy situation is the severly mentally disabled. Do they have "personhood" or not?
I would argue that babies as they are born already have different personalities, and this would speak to their personhood at that level of development.
I agree with this and so that is why I think your argument will be good on helping convince proLife people where life can be terminated with little effect on its current state, and why a person without their particular belief system may feel opposite from the way they do.
I just don't think that will convince them to allow abortion, only what parameters to set on its allowance... once they UNDERSTAND AND AGREE that it boils down to an argument of their faith against the faith of others... and so reproductive choices are best left to the faith/belief of the parent in question.
The thing to keep in mind is that people are not restricted from maintaining a higher standard for themselves (as long as it does not endanger other people), but that preventing a lower standard that does not endanger other people is not ethical. Particularly if a similar condition exists where the standard is not prevented.
Enjoy.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 339 by Silent H, posted 09-07-2004 12:55 PM Silent H has replied

Replies to this message:
 Message 348 by Silent H, posted 09-07-2004 7:10 PM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 372 of 440 (140836)
09-07-2004 10:42 PM
Reply to: Message 348 by Silent H
09-07-2004 7:10 PM


You said that the state of "personhood" could be defined by how we define death. You used the clinical definitions of death based on biological functions (well lack thereof) to do this.
No, the legal definintion of death and the "personhood" guidelines are different documents, one legally binding the other not. Those who believe in a soul are free to use their belief in making up their own minds, they cannot ethically impose it on other people who do not believe in a soul.
Don't you DARE use your logic on me... I've already said "hallelujah" to this ages ago.
One could even add that preventing a lower standard from existing DOES endanger some mothers sometimes.
The problem is as I have stated, you don't have to win ME over, you have to win THEM over.
um, ok. What I am looking for, I guess, is a standard that will go to the supreme court with consistency, logic and a rational plan for allowing people to be as irrational as they want to be.
(and based on legal precedent.)

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 348 by Silent H, posted 09-07-2004 7:10 PM Silent H has replied

Replies to this message:
 Message 375 by Silent H, posted 09-08-2004 5:46 AM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 380 of 440 (141113)
09-08-2004 11:23 PM
Reply to: Message 375 by Silent H
09-08-2004 5:46 AM


Maybe I missed something. It really looked like you were using the defs of death and personhood, despite being different docs, to draw parallels and so come up with legal guidelines for fetal life and so abortions.
One is an absolute guideline for legal death to be declared. The other is a guideline for cases where the conditions for legal death are not met, but there is very little chance of recovery, such as loss of all upper brain activity leaving a living shell that only survives because it is given life support.
ONE DAY, it will be realized that the Xian antiabortionists, were right
Or people will be fed up with the strident nonsense and move on to other more pressing issues, like how to get out of Iraq after 20 years of war ...
Of course this will also be in a perfect world where research continues on fetal stem cells to counter real health problems in real living persons.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 375 by Silent H, posted 09-08-2004 5:46 AM Silent H has replied

Replies to this message:
 Message 381 by Silent H, posted 09-09-2004 6:03 AM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 382 of 440 (141202)
09-09-2004 11:39 AM
Reply to: Message 381 by Silent H
09-09-2004 6:03 AM


legal life, legal death, again.
It is part of the ethical debate.
Do I think that abortion should be across the board on demand? No. Because at some point the question has to be raised, "why now, why not earlier?" -- especially as we get to later term abortions.
Do I think that it should be used as a "final answer" form of birth control? Yes, BUT ONLY until the conditions for legal death no longer apply: there should be no question about the legality of the "morning after" pill being freely available over the counter (and if anyone thinks this would become the control method of choice has not been paying attention: I think one experience with it will make uncautious women much more cautious). I also think it is totally the woman's choice at this point. After that point has been passed there has been a decision, conscious or not, to go beyond that (legal life\death} point, and other ethical questions are raised.
Do I think there are other justifications for abortion? Yes, certainly to save the life of the mother (right up to the moment of birth) but also: where the condition of the fetus indicates a medical problem, then it becomes an ethical question for the family on whether or not they want to continue life support. Families normally do not "pull the plug" on comatose patients that are otherwise healthy and mentally complete. Also, where late term abortions are considered, it might be more appropriate to do a C-section than the crush and extract methods.
Using the logic of the requirements for legal death first, and then on the family judgment on absence of personhood at one end, should be equally applicable on the other end.
There is a third marker that could be discussed, but as noted before, it leads towards touchy situations for the severely mentally handicapped, and that is the question of human-like - but for me this is between the legal life and personhood question. When does the fetal development of a human differentiate it from the fetal development of a chimpanzee? (I used to have a site with a picture of a chimpanzee fetus similar to the ones the anti-choice crowds use and looking at it you would not know the difference). BUT - I don’t think argument in this area is fruitful as the provisions above are more inclusive and direct in dealing with the issues.
Enjoy.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 381 by Silent H, posted 09-09-2004 6:03 AM Silent H has replied

Replies to this message:
 Message 383 by Silent H, posted 09-10-2004 5:32 AM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 384 of 440 (141391)
09-10-2004 12:04 PM
Reply to: Message 383 by Silent H
09-10-2004 5:32 AM


while not actually dead, given our way of defining death, gestational beings do not fully qualify as "living" either.
the living dead?
good point. I will incorporate that in my formal essay on this.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 383 by Silent H, posted 09-10-2004 5:32 AM Silent H has not replied

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