[quote]smh_23 wrote:
[quote]usmccds423 wrote:
[quote]smh_23 wrote:
But this present question is not just one of technical legality. The legal death of a person is contingent upon medical/scientific definitions, and these, though increasingly nuanced, hinge on and agree with the language I’ve used. To take one of many examples, the text of the Uniform Determination of Death Act was shaped in conference with the American Medical Association. In other words, it is not only law that calls a person’s death the irreversible cessation of heart/brain activity – it is science. And here conservatives have an actual problem, because, as I’ve shown, it is logically impossible for something that has never exhibited X to undergo cessation of X, and therefore it is logically impossible for an early embryo to be a dead person, and therefore it is logically impossible for the abortion of an early embryo to result in the killing of a person, and therefore the pro-life argument breaks down.[/quote]
I underlined the portion of your post that I don’t follow. What I don’t follow specifically is why it makes sense to say life begins at the inverse of death? The difference to me is apparent, brain function has not yet commenced for the newly formed organism, due to the stage of development, but this is not irreversible. Brain function is in fact inevitable the vast majority of the time.[/quote]
It is not that life begins at the inverse of death. It’s that the overriding concern vis-a-vis abortion – at least, for those of us who don’t believe that the fact of a fetus’ existing inside its mother renders it incapable of having rights, even on the day before its delivery – is whether and when an abortion results in the death of a person (which is to say, whether and when abortion entails murder). The death of a person is – legally, medically – the cessation of heart/brain activity. If something is incapable of undergoing cessation of heart/brain activity, it is logically incapable of being a dead person (again, legally, medically). If something is incapable of being a dead person, it is logically incapable of being murdered, because a dead person is a necessary, though not sufficient, component of murder. Thus it is logically impossible for the abortion of an embryo without heart/brain activity to produce a dead person, and therefore to entail murder. [/quote]
I believe, logically, we know a unique life is created at conception and it will, if left alone, develop brain activity the vast majority of the time. I also believe, logically, this means the purposeful ending of this organism, thus inhibiting the development of brain activity, should be considered murder under law. At the very least this life should be protected from being ended in an unnatural way, ie, abortion.
I understand what you are saying, but to me it isn’t logical to say a fetus isn’t capable of being a dead person simply because it doesn’t fit within the legal construct of “death”. Before an abortion it is alive and after an abortion it is dead, period.
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In short, it makes sense to mark death at brain wave cessation as cells will no longer replicate/develop, but I do not think it makes sense to say life begins at the opposite end of the spectrum (when brain function begins) simply because it’s an easy answer to a complex situation.[/quote]
But we’re talking about murder, killing…dead people. As soon as you claim that it “makes sense to mark death [of a person] at brain wave cessation,” it’s all over, because something that has never had brain waves cannot cease to have them, and therefore this thing cannot under any circumstances be a dead person, and therefore this thing cannot be murdered. By logical necessity. [/quote]
Again, I disagree for the reasons stated above. I don’t believe the right to life should be predicated on legal jargon.
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Further, I don’t agree with the idea that development, in this case, is irrelevant. Left untouched a zygote not only has the potential, but will the vast majority of the time, become that 14 year old and God willing that old man, both of which are protected by the law.
Why do you think, or do you think, life should not be protected at conception? [/quote]
It isn’t irrelevant in an emotional sense, but this is a question of law, not emotion. A murder requires a dead person and another person who made the first one that way. The event hinges on what’s lying on the ground, not what could have been lying on the ground vis-a-vis potential and teleology. In other words, the “potential” objection has no bearing on what I’ve written above.[/quote]
At conception a unique human life is created. After an abortion that unique life is dead. Legal jargon aside, that is clearly the end of a unique human life whether brain function has begun or not.