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Abortion Medico legal aspect

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Abortion and laws governing them.. Medical and Legal Aspect
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Abortion: Life? Choice? Abortion: Life? Choice? Right? Right? Secular Arguments Against Secular Arguments Against Abortion Abortion Richard Deem Evidence for God (www.GodAndScience.org)
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Page 1: Abortion Medico legal aspect

Abortion: Life? Choice? Right?Abortion: Life? Choice? Right?Secular Arguments Against AbortionSecular Arguments Against Abortion

Richard Deem

Evidence for God (www.GodAndScience.org)

Page 2: Abortion Medico legal aspect

Secular Arguments Against Secular Arguments Against Abortion?Abortion?

Secular Arguments Against Secular Arguments Against Abortion?Abortion?

• Rich Deem – the agnostic

• Libertarians for Life (L4L.org) – atheists

• A Secular Case Against Abortion by Jennifer Roth – secular humanist (http://www.infidels.org/library/modern/debates/secularist/abortion/roth1.html)

• Feminists for Life (feministsforlife.org) – non-sectarian

• Rich Deem – the agnostic

• Libertarians for Life (L4L.org) – atheists

• A Secular Case Against Abortion by Jennifer Roth – secular humanist (http://www.infidels.org/library/modern/debates/secularist/abortion/roth1.html)

• Feminists for Life (feministsforlife.org) – non-sectarian

*Former agnostic, now Christian*Former agnostic, now Christian

Page 3: Abortion Medico legal aspect

Why Should We Try to Why Should We Try to Persuade?Persuade?

Why Should We Try to Why Should We Try to Persuade?Persuade?

1999 Gallup Poll on Abortion• Opinion nearly split

1999 Gallup Poll on Abortion• Opinion nearly split

Prolife(42%)Prolife(42%)

Prochoice(48%)

Prochoice(48%)

Undecided(10%)

Undecided(10%)

Strongly Prolife(29%)

Strongly Prolife(29%)

StronglyProchoice

(26%)

StronglyProchoice

(26%)No strongopinion(45%)

No strongopinion(45%)

• Only ~50% feel strongly either way

• Nearly half have no strong opinion (i.e., can be persuaded)

• Only ~50% feel strongly either way

• Nearly half have no strong opinion (i.e., can be persuaded)

Page 4: Abortion Medico legal aspect

Abortion ArgumentsAbortion ArgumentsAbortion ArgumentsAbortion Arguments

• Scientific considerations• Human Embryology 101• When does human life begin?

• Legal Issues• Is the unborn a person?• Are the laws logically consistent?

• Moral Issues• When does a person begin to exist?

• Scientific considerations• Human Embryology 101• When does human life begin?

• Legal Issues• Is the unborn a person?• Are the laws logically consistent?

• Moral Issues• When does a person begin to exist?

Page 5: Abortion Medico legal aspect

Scientific ArgumentsScientific ArgumentsScientific ArgumentsScientific Arguments

• When does human life begin?When does human life begin?

•Medical textbooksMedical textbooks

•Statements of doctorsStatements of doctors

• When does abortion occur?When does abortion occur?

• ““Products of conception” – just a Products of conception” – just a “blob of tissue”“blob of tissue”

• When does human life begin?When does human life begin?

•Medical textbooksMedical textbooks

•Statements of doctorsStatements of doctors

• When does abortion occur?When does abortion occur?

• ““Products of conception” – just a Products of conception” – just a “blob of tissue”“blob of tissue”

Page 6: Abortion Medico legal aspect

Medical Embryology Medical Embryology TextbooksTextbooks

Medical Embryology Medical Embryology TextbooksTextbooks

The Developing Human: Clinically Oriented Embryology

"Zygote: this cell results from the union of an oocyte and a sperm. A zygote is the beginning of a new human being (i.e., an embryo). Human development begins at fertilization… This highly specialized, totipotent cell marks the beginning of each of us as a unique individual.”

The Developing Human: Clinically Oriented Embryology

"Zygote: this cell results from the union of an oocyte and a sperm. A zygote is the beginning of a new human being (i.e., an embryo). Human development begins at fertilization… This highly specialized, totipotent cell marks the beginning of each of us as a unique individual.”

Page 7: Abortion Medico legal aspect

Medical Embryology Medical Embryology TextbooksTextbooks

Medical Embryology Medical Embryology TextbooksTextbooks

Essentials of Human Embryology

“In this text, we begin our description of the developing human with the formation and differentiation of the male and female sex cells or gametes, which will unite at fertilization to initiate the embryonic development of a new individual.”

Essentials of Human Embryology

“In this text, we begin our description of the developing human with the formation and differentiation of the male and female sex cells or gametes, which will unite at fertilization to initiate the embryonic development of a new individual.”

Page 8: Abortion Medico legal aspect

Medical Embryology Medical Embryology TextbooksTextbooks

Medical Embryology Medical Embryology TextbooksTextbooks

Human Embryology & Teratology

“Fertilization is an important landmark because, under ordinary circumstances, a new, genetically distinct human organism is thereby formed…”

Human Embryology & Teratology

“Fertilization is an important landmark because, under ordinary circumstances, a new, genetically distinct human organism is thereby formed…”

Page 9: Abortion Medico legal aspect

What Do Medical Doctors Say?What Do Medical Doctors Say?What Do Medical Doctors Say?What Do Medical Doctors Say?

Dr. Alfred Bongioanni (University of Pennsylvania):

“I have learned from my earliest medical education that human life begins at the time of conception.”

Dr. Jerome LeJeune (University of Descartes):

“after fertilization has taken place a new human being has come into being.”

Dr. Alfred Bongioanni (University of Pennsylvania):

“I have learned from my earliest medical education that human life begins at the time of conception.”

Dr. Jerome LeJeune (University of Descartes):

“after fertilization has taken place a new human being has come into being.”

Page 10: Abortion Medico legal aspect

What Do Medical Doctors Say?What Do Medical Doctors Say?What Do Medical Doctors Say?What Do Medical Doctors Say?

Dr. Hymie Gordon (Mayo Clinic):“By all criteria of modern molecular biology, life is present from the moment of conception.”

Dr. Micheline Matthews-Roth (Harvard University Medical School):

“It is scientifically correct to say that an individual human life begins at conception”

Dr. Hymie Gordon (Mayo Clinic):“By all criteria of modern molecular biology, life is present from the moment of conception.”

Dr. Micheline Matthews-Roth (Harvard University Medical School):

“It is scientifically correct to say that an individual human life begins at conception”

Page 11: Abortion Medico legal aspect

• Fetal brain begins to Fetal brain begins to form on day 23form on day 23

• Brain waves produced Brain waves produced by 6 weeksby 6 weeks

• Fetal brain begins to Fetal brain begins to form on day 23form on day 23

• Brain waves produced Brain waves produced by 6 weeksby 6 weeks

Human Embryology 101Human Embryology 101Human Embryology 101Human Embryology 101• Fetal heart beginsFetal heart begins

to form 18 days after to form 18 days after conceptionconception

• Measurable heart beat Measurable heart beat 21-24 days after 21-24 days after conceptionconception

• Fetal heart beginsFetal heart beginsto form 18 days after to form 18 days after conceptionconception

• Measurable heart beat Measurable heart beat 21-24 days after 21-24 days after conceptionconception

Page 12: Abortion Medico legal aspect

Abortion Statistics by Weeks Abortion Statistics by Weeks of Gestationof Gestation

Abortion Statistics by Weeks Abortion Statistics by Weeks of Gestationof Gestation

Weeks of Gestation Abortions (% of total)

<6 22

7 18

8 18

>8 42

Therefore, 78% of abortions occur after fetal brain waves have begun

Elam-Evans, L.D., et al. 2002. Abortion Surveillance -- United States, 1999. Surveillance Summaries 51(SS09) 1-28. (Center for Disease Control and Prevention)

Page 13: Abortion Medico legal aspect

Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?

“I opened the sock up and I put it on the towel and there were parts in there of a person. I’d taken anatomy; I was a medical student. I knew what I was looking at. There was a little scapula and there was an arm, and I saw some ribs and a chest, and I saw a little tiny head, and I saw a piece of a leg, and I saw a tiny hand. ... I checked it out and there were two arms and two legs and one head, etc., and I turned and said, I guess you got it all ... It was pretty awful that first time... it was like somebody put a hot poker into me.” (Dr. David Brewer, in training)

“I opened the sock up and I put it on the towel and there were parts in there of a person. I’d taken anatomy; I was a medical student. I knew what I was looking at. There was a little scapula and there was an arm, and I saw some ribs and a chest, and I saw a little tiny head, and I saw a piece of a leg, and I saw a tiny hand. ... I checked it out and there were two arms and two legs and one head, etc., and I turned and said, I guess you got it all ... It was pretty awful that first time... it was like somebody put a hot poker into me.” (Dr. David Brewer, in training)

Page 14: Abortion Medico legal aspect

Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?“I watched as the contents of the woman’s womb came through a suctioning device and into a stainless-steel pail sitting at his feet. I stepped back and wiped the perspiration from my brow. “This is kind of gruesome,” I said…. The doctor said, “At this point in a pregnancy, the products of conception aren’t much.” I stepped forward and peered into the pail. This time I broke out in a cold sweat. I backed up and leaned against the wall, my eyes closed. Dear Jesus! I thought. I just saw someone murdered! And I just stood and watched! (Nurse Don Haines, in training)

“I watched as the contents of the woman’s womb came through a suctioning device and into a stainless-steel pail sitting at his feet. I stepped back and wiped the perspiration from my brow. “This is kind of gruesome,” I said…. The doctor said, “At this point in a pregnancy, the products of conception aren’t much.” I stepped forward and peered into the pail. This time I broke out in a cold sweat. I backed up and leaned against the wall, my eyes closed. Dear Jesus! I thought. I just saw someone murdered! And I just stood and watched! (Nurse Don Haines, in training)

Page 15: Abortion Medico legal aspect

Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?Fetus – Just a “Blob of Tissue”?“I had a quick sonogram and then received a shot of methrotrexate. After the shot, I came home... I went to bed that evening around 9 p.m… I continued contracting and bleeding most of the night. Around three in the morning, I went to the bathroom. When I stood up, I noticed that the pain and the pressure was not from clots, but from passing the placenta. When I looked in the commode, I saw laying in the center of the placenta my baby. I saw the baby's perfectly formed hands, the little fingers. I remember the scream that came from my mouth... [from a 7 week abortion] (Char, “I used to be Pro-choice...But…”)

“I had a quick sonogram and then received a shot of methrotrexate. After the shot, I came home... I went to bed that evening around 9 p.m… I continued contracting and bleeding most of the night. Around three in the morning, I went to the bathroom. When I stood up, I noticed that the pain and the pressure was not from clots, but from passing the placenta. When I looked in the commode, I saw laying in the center of the placenta my baby. I saw the baby's perfectly formed hands, the little fingers. I remember the scream that came from my mouth... [from a 7 week abortion] (Char, “I used to be Pro-choice...But…”)

Page 16: Abortion Medico legal aspect

Scientific ConclusionsScientific ConclusionsScientific ConclusionsScientific Conclusions

• Human life begins at conception

• Human development proceeds rapidly (all organs and systems are in place by week 8)

• Abortion stops a beating heart

• Most abortions occur after the fetus exhibits measurable brain waves

• Human life begins at conception

• Human development proceeds rapidly (all organs and systems are in place by week 8)

• Abortion stops a beating heart

• Most abortions occur after the fetus exhibits measurable brain waves

Page 17: Abortion Medico legal aspect

Legal ArgumentsLegal ArgumentsLegal ArgumentsLegal Arguments

• Right to life

• Supreme Court decision

• Legal definition of murder

• Definition of murder – exceptions

• Personhood issues

• Right to life

• Supreme Court decision

• Legal definition of murder

• Definition of murder – exceptions

• Personhood issues

Page 18: Abortion Medico legal aspect

Right to LifeRight to LifeRight to LifeRight to Life

The Declaration of Independence of the United States guarantees “certain unalienable Rights, that among those are Life, Liberty and the pursuit of Happiness”

The Declaration of Independence of the United States guarantees “certain unalienable Rights, that among those are Life, Liberty and the pursuit of Happiness”

Page 19: Abortion Medico legal aspect

Supreme Court DecisionSupreme Court DecisionSupreme Court DecisionSupreme Court Decision

• The Supreme Court held that the “right to privacy,” assured the freedom of a person to abort unless the state had a “compelling interest” in preventing the abortion.

• The Court then held that, though the state had an interest in protecting fetal life, this interest did not become “compelling” until “fetal viability” occurred in the third trimester of pregnancy.

• The Supreme Court held that the “right to privacy,” assured the freedom of a person to abort unless the state had a “compelling interest” in preventing the abortion.

• The Court then held that, though the state had an interest in protecting fetal life, this interest did not become “compelling” until “fetal viability” occurred in the third trimester of pregnancy.

Page 20: Abortion Medico legal aspect

Legal Definition of MurderLegal Definition of MurderLegal Definition of MurderLegal Definition of Murder

CALIFORNIA PENAL CODESECTION 187-199

187.

a. Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

CALIFORNIA PENAL CODESECTION 187-199

187.

a. Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

http://caselaw.lp.findlaw.com/cacodes/pen/187-199.htmlhttp://caselaw.lp.findlaw.com/cacodes/pen/187-199.html

Page 21: Abortion Medico legal aspect

Definition of Murder – Definition of Murder – ExceptionsExceptions

Definition of Murder – Definition of Murder – ExceptionsExceptions

CALIFORNIA PENAL CODE 187.

b. This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

3. The act was solicited, aided, abetted, or consented to by the mother of the fetus.

CALIFORNIA PENAL CODE 187.

b. This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

3. The act was solicited, aided, abetted, or consented to by the mother of the fetus.

http://caselaw.lp.findlaw.com/cacodes/pen/187-199.htmlhttp://caselaw.lp.findlaw.com/cacodes/pen/187-199.html

Page 22: Abortion Medico legal aspect

Legal Personhood IssuesLegal Personhood IssuesLegal Personhood IssuesLegal Personhood Issues

• The fetus is granted personhood if wanted by the mother

• The fetus can become a non-person at the discretion of the mother

• However, a mother may not choose to kill her born child

• How can the personhood of a human being be decided by another person?

• The fetus is granted personhood if wanted by the mother

• The fetus can become a non-person at the discretion of the mother

• However, a mother may not choose to kill her born child

• How can the personhood of a human being be decided by another person?

Page 23: Abortion Medico legal aspect

Moral ArgumentsMoral ArgumentsMoral ArgumentsMoral Arguments

• “Benefit” to women

• “Benefit to child (every child “wanted”)

• “Right” to control their own body

• Population control

• Fetus is not a person – personality argument

• “Benefit” to women

• “Benefit to child (every child “wanted”)

• “Right” to control their own body

• Population control

• Fetus is not a person – personality argument

Page 24: Abortion Medico legal aspect

““Benefit” to WomenBenefit” to Women““Benefit” to WomenBenefit” to Women

• Prevention of deaths from “coat hanger” or “back alley” abortions

• Cases of rape or incest, fetal abnormalities or threats to mother’s life or health

• Abortion alleviates economic and social problems

• Prevention of deaths from “coat hanger” or “back alley” abortions

• Cases of rape or incest, fetal abnormalities or threats to mother’s life or health

• Abortion alleviates economic and social problems

Page 25: Abortion Medico legal aspect

Abortion Must Remain Legal to Abortion Must Remain Legal to Prevent Abortion DeathsPrevent Abortion Deaths

Abortion Must Remain Legal to Abortion Must Remain Legal to Prevent Abortion DeathsPrevent Abortion Deaths

YearYear Abortion-related DeathsAbortion-related Deaths19401940 1,4701,47019501950 26326319651965 201201

““We spoke of 5,000-10,000 deaths a year.... I We spoke of 5,000-10,000 deaths a year.... I confess that I knew the figures were totally false.”confess that I knew the figures were totally false.”Dr. Bernard Nathanson, (co-founder NARAL), Dr. Bernard Nathanson, (co-founder NARAL), testimony before the Supreme Court in 1972testimony before the Supreme Court in 1972

Page 26: Abortion Medico legal aspect

Abortion Must Remain Legal to Abortion Must Remain Legal to Prevent Abortion DeathsPrevent Abortion Deaths

Abortion Must Remain Legal to Abortion Must Remain Legal to Prevent Abortion DeathsPrevent Abortion Deaths

Deaths From AbortionDeaths From Abortion

YearYear Legal AbortionsLegal Abortions LegalLegal IllegalIllegal

19721972 ?? 2424 4141

19731973 615,831615,831 2525 2121

19741974 763,476763,476 2626 77Tietze, C. 1983. Tietze, C. 1983. Induced Abortion: A World Induced Abortion: A World ViewView. The Population Council, New York.. The Population Council, New York.

Page 27: Abortion Medico legal aspect

The “Hard” CasesThe “Hard” CasesThe “Hard” CasesThe “Hard” CasesAbortion must be available for:

• cases of rape or incest• Represent only 1% of all cases

• cases of fetal abnormalities• Represent only 1% of all cases

• mother’s health is at risk• Represents only 3% of all cases

Abortion must be available for:

• cases of rape or incest• Represent only 1% of all cases

• cases of fetal abnormalities• Represent only 1% of all cases

• mother’s health is at risk• Represents only 3% of all cases

The Alan Guttmacher Institute (http://www.guttmacher.org/pubs/fb_induced_abortion.html)

Page 28: Abortion Medico legal aspect

Abortion Alleviates Economic Abortion Alleviates Economic and Social Problemsand Social Problems

Abortion Alleviates Economic Abortion Alleviates Economic and Social Problemsand Social Problems

• Pregnancy subjugates women, interferes with career and educational choices

• For most women, pregnancy does not interfere with the ability to work or attend school, except after birth

• Laws prevent employers from firing or discriminating against pregnant women

• Women are not forced to keep their children. Adoption is always an option

• The existence of social problems is not justification for another evil

• Pregnancy subjugates women, interferes with career and educational choices

• For most women, pregnancy does not interfere with the ability to work or attend school, except after birth

• Laws prevent employers from firing or discriminating against pregnant women

• Women are not forced to keep their children. Adoption is always an option

• The existence of social problems is not justification for another evil

Page 29: Abortion Medico legal aspect

Every Child Should Be WantedEvery Child Should Be WantedEvery Child Should Be WantedEvery Child Should Be Wanted

• Being wanted is not a condition of the child, but of the adult

• Is it fair to kill a child because of the attitude of an adult?

• Wanted children are less likely to suffer abuse (next slide)

• Being wanted is not a condition of the child, but of the adult

• Is it fair to kill a child because of the attitude of an adult?

• Wanted children are less likely to suffer abuse (next slide)

Page 30: Abortion Medico legal aspect

Every Child Should Be WantedEvery Child Should Be Wanted(Wanted Children Are Less Likely to Be Abused)(Wanted Children Are Less Likely to Be Abused)Every Child Should Be WantedEvery Child Should Be Wanted(Wanted Children Are Less Likely to Be Abused)(Wanted Children Are Less Likely to Be Abused)

U.S. Department of Health & Human Services, National U.S. Department of Health & Human Services, National Center of Child Abuse & Neglect; Center of Child Abuse & Neglect; National Analysis of National Analysis of Official Child Abuse and Neglect ReportingOfficial Child Abuse and Neglect Reporting

YearReported Child Abuse Cases

1973 167,0001980 785,1001987 2,025,2002000 1,726,000

Page 31: Abortion Medico legal aspect

Women Have a “Right” to Women Have a “Right” to Control Their Own BodyControl Their Own Body

Women Have a “Right” to Women Have a “Right” to Control Their Own BodyControl Their Own Body

• Is the fetus part their body?• Separate circulatory system• Unique DNA

• Do we have rights to do anything with our bodies?• Assault• Illegal drugs• Use of drugs/alcohol during pregnancy

• Is the fetus part their body?• Separate circulatory system• Unique DNA

• Do we have rights to do anything with our bodies?• Assault• Illegal drugs• Use of drugs/alcohol during pregnancy

Page 32: Abortion Medico legal aspect

Population Control – RebuttalPopulation Control – RebuttalPopulation Control – RebuttalPopulation Control – Rebuttal

• Those countries that outlaw abortion have an overcrowding problem• This does not indicated cause and

effect – these countries also have little or no access to birth-control, poor education, etc.

• War, disease and famine also curb population growth. Should we condone them?

• Those countries that outlaw abortion have an overcrowding problem• This does not indicated cause and

effect – these countries also have little or no access to birth-control, poor education, etc.

• War, disease and famine also curb population growth. Should we condone them?

Page 33: Abortion Medico legal aspect

Fetus Is Not a Person Fetus Is Not a Person Fetus Is Not a Person Fetus Is Not a Person

“Persons . . . are members of a social community that shapes and values them, and personhood must be defined in terms of interactions and relationships with others.”

Susan Sherwin. 1999. Ethical Issues: Perspectives for Canadians. Ed. Soifer, Eldon. Peterborough, Ontario: Broadview Press, p. 267

“Persons . . . are members of a social community that shapes and values them, and personhood must be defined in terms of interactions and relationships with others.”

Susan Sherwin. 1999. Ethical Issues: Perspectives for Canadians. Ed. Soifer, Eldon. Peterborough, Ontario: Broadview Press, p. 267

Page 34: Abortion Medico legal aspect

Fetus Is Not a Person – Fetus Is Not a Person – RebuttalRebuttal

Fetus Is Not a Person – Fetus Is Not a Person – RebuttalRebuttal

• Personality definition problems• Does a human non-person exist?• What traits define personhood?• Who makes the definition?• Society has excluded certain humans

from personhood before (e.g., African slaves, Chinese, etc.) Should we make a new list of human non-persons?

• Personality definition problems• Does a human non-person exist?• What traits define personhood?• Who makes the definition?• Society has excluded certain humans

from personhood before (e.g., African slaves, Chinese, etc.) Should we make a new list of human non-persons?

Page 35: Abortion Medico legal aspect

Fetus Is Not a Person – Fetus Is Not a Person – RebuttalRebuttal

Fetus Is Not a Person – Fetus Is Not a Person – RebuttalRebuttal

• The lack of certain personality traits would remove from personhood:• Those who are in a coma• Elderly with degenerative disorders

(Alzheimer's, etc.)• Mentally deficient

• Genetic• Neurological disease• Mental illness

• Is is okay to consider these human beings as non-persons?

• The lack of certain personality traits would remove from personhood:• Those who are in a coma• Elderly with degenerative disorders

(Alzheimer's, etc.)• Mentally deficient

• Genetic• Neurological disease• Mental illness

• Is is okay to consider these human beings as non-persons?

Page 36: Abortion Medico legal aspect

Definition of PersonhoodDefinition of PersonhoodDefinition of PersonhoodDefinition of Personhood

• One who is consciously performing personal acts – eliminates those who are sleeping

• One with a present capacity to perform personal acts – eliminates those who are in a coma

• One who is consciously performing personal acts – eliminates those who are sleeping

• One with a present capacity to perform personal acts – eliminates those who are in a coma

Page 37: Abortion Medico legal aspect

Definition of PersonhoodDefinition of PersonhoodDefinition of PersonhoodDefinition of Personhood

• One who has a history of performing personal acts – eliminates one who was in a coma from birth, but wakes up

• One with a future capacity for performing personal acts – makes those who are dying as non-persons

• One who has a history of performing personal acts – eliminates one who was in a coma from birth, but wakes up

• One with a future capacity for performing personal acts – makes those who are dying as non-persons

Page 38: Abortion Medico legal aspect

Implications of Functionally-Implications of Functionally-Defined PersonhoodDefined Personhood

Implications of Functionally-Implications of Functionally-Defined PersonhoodDefined Personhood

• Newborns lack the ability to perform personal functions – in fact, newborn humans are less capable physically and mentally than virtually all other mammals

• Therefore, on the basis of functionally-defined personhood, newborns fail the test could be killed on the basis of “non-personhood”

• Newborns lack the ability to perform personal functions – in fact, newborn humans are less capable physically and mentally than virtually all other mammals

• Therefore, on the basis of functionally-defined personhood, newborns fail the test could be killed on the basis of “non-personhood”

Page 39: Abortion Medico legal aspect

When Does a Human Become When Does a Human Become a Person?a Person?

When Does a Human Become When Does a Human Become a Person?a Person?

• At conception

• After 20 weeks’ gestation

• After 24 weeks (fetal viability outside the womb)

• At birth

• At the point that the individual expresses self-consciousness and an interest in their continued existence

• At conception

• After 20 weeks’ gestation

• After 24 weeks (fetal viability outside the womb)

• At birth

• At the point that the individual expresses self-consciousness and an interest in their continued existence

Page 40: Abortion Medico legal aspect

At Conception, It Is Only a At Conception, It Is Only a Single CellSingle Cell

At Conception, It Is Only a At Conception, It Is Only a Single CellSingle Cell

Claim:

• Fertilized eggs are single cells, like blood cells or other parts of the body

Rebuttal:

• The single cell is unique from both the father’s and mother’s cells and is the beginning of every new human being

Claim:

• Fertilized eggs are single cells, like blood cells or other parts of the body

Rebuttal:

• The single cell is unique from both the father’s and mother’s cells and is the beginning of every new human being

Page 41: Abortion Medico legal aspect

Claim: Prior to 20 Weeks, a Claim: Prior to 20 Weeks, a Fetus Is Not a PersonFetus Is Not a Person

Claim: Prior to 20 Weeks, a Claim: Prior to 20 Weeks, a Fetus Is Not a PersonFetus Is Not a Person

• A person possess an individual human personality

• Prior to 20 weeks’ gestation, the cerebral cortex has not yet developed to the point that the fetus can possess an individual human personality

• The fetus prior to 20 weeks’ gestation is not a person.

• A person possess an individual human personality

• Prior to 20 weeks’ gestation, the cerebral cortex has not yet developed to the point that the fetus can possess an individual human personality

• The fetus prior to 20 weeks’ gestation is not a person.

Page 42: Abortion Medico legal aspect

Prior to 20 Weeks, a Fetus Is Prior to 20 Weeks, a Fetus Is Not a Person – RebuttalNot a Person – Rebuttal

Prior to 20 Weeks, a Fetus Is Prior to 20 Weeks, a Fetus Is Not a Person – RebuttalNot a Person – Rebuttal

Person = Personality Problem• All persons were once fetuses. When

did we go from non-person status to person status?

• To say that personality defines personhood is to deny the role of the body

• Mind/Body dualism?

Person = Personality Problem• All persons were once fetuses. When

did we go from non-person status to person status?

• To say that personality defines personhood is to deny the role of the body

• Mind/Body dualism?

Page 43: Abortion Medico legal aspect

Prior to 20 Weeks, a Fetus Is Prior to 20 Weeks, a Fetus Is Not a Person – RebuttalNot a Person – Rebuttal

Prior to 20 Weeks, a Fetus Is Prior to 20 Weeks, a Fetus Is Not a Person – RebuttalNot a Person – Rebuttal

Brain Development ProblemThe development of the brain is programmed by the DNA – it is an inherent function of the fertilized ovum and continues even after birth

Brain Development ProblemThe development of the brain is programmed by the DNA – it is an inherent function of the fertilized ovum and continues even after birth

Page 44: Abortion Medico legal aspect

Prior to 24 Weeks, a Fetus Is Prior to 24 Weeks, a Fetus Is Not Viable – RebuttalNot Viable – Rebuttal

Prior to 24 Weeks, a Fetus Is Prior to 24 Weeks, a Fetus Is Not Viable – RebuttalNot Viable – Rebuttal

• Depends upon current technology• Age of viability used to be 28 weeks• Changed to 24 weeks in 1990

• Artificial womb (Nature, 2002)• Developed for premature infants• Uses oxygenated perfluorinated

hydrocarbons• Could cut the point of fetal viability in

half?

• Depends upon current technology• Age of viability used to be 28 weeks• Changed to 24 weeks in 1990

• Artificial womb (Nature, 2002)• Developed for premature infants• Uses oxygenated perfluorinated

hydrocarbons• Could cut the point of fetal viability in

half?

Page 45: Abortion Medico legal aspect

Personhood Starts at the Point Personhood Starts at the Point of Self-consciousnessof Self-consciousness

Personhood Starts at the Point Personhood Starts at the Point of Self-consciousnessof Self-consciousness

• ‘In Defense of Abortion and Infanticide,’ Michael Tooley claims that individuals have a right to life only at the point of self-consciousness and an interest in their own continued existence

• Tooley concludes, therefore, that infanticide is morally acceptable

• If the individual will, in the future develop such interest, is it permissible to kill the individual before such interests develop? Can fetuses be excluded from allowing such development to occur?

• ‘In Defense of Abortion and Infanticide,’ Michael Tooley claims that individuals have a right to life only at the point of self-consciousness and an interest in their own continued existence

• Tooley concludes, therefore, that infanticide is morally acceptable

• If the individual will, in the future develop such interest, is it permissible to kill the individual before such interests develop? Can fetuses be excluded from allowing such development to occur?

Page 46: Abortion Medico legal aspect

Morality and AbortionMorality and AbortionMorality and AbortionMorality and Abortion

• Often quoted, “safe, legal, and rare” – Why rare?

• Abortion rate “too high”• ~30% of pregnancies in the U.S.• ~70% of pregnancies in Russia

• If abortion is good, wouldn’t higher be better?

• Often quoted, “safe, legal, and rare” – Why rare?

• Abortion rate “too high”• ~30% of pregnancies in the U.S.• ~70% of pregnancies in Russia

• If abortion is good, wouldn’t higher be better?

Page 47: Abortion Medico legal aspect

Do You Personally Believe Do You Personally Believe That Abortion Is Wrong?That Abortion Is Wrong?

Do You Personally Believe Do You Personally Believe That Abortion Is Wrong?That Abortion Is Wrong?

Even though 51% claimed to be “pro-choice” only 36% believe that abortion was not morally wrong

Even though 51% claimed to be “pro-choice” only 36% believe that abortion was not morally wrong No

(36%)No

(36%)Yes

(56%)Yes

(56%)

Don’t Know(8%)

Don’t Know(8%)

Newsweek Poll conducted by Princeton Survey Research Associates. October 29-30, 1998

Newsweek Poll conducted by Princeton Survey Research Associates. October 29-30, 1998

Page 48: Abortion Medico legal aspect

I Am Personally Against I Am Personally Against Abortion, But…Abortion, But…

I Am Personally Against I Am Personally Against Abortion, But…Abortion, But…

• Why are you personally against abortion?

• If you believe it is immoral, why do you think it should be legally allowed?• I am personally against murder, but…• I am personally against robbery, but…

• Why are you personally against abortion?

• If you believe it is immoral, why do you think it should be legally allowed?• I am personally against murder, but…• I am personally against robbery, but…

Page 49: Abortion Medico legal aspect

Abortion Abortion Vs.Vs. Slavery SlaveryAbortion Abortion Vs.Vs. Slavery Slavery

Abortion (2003)Abortion (2003) Slavery (1850’s)*Slavery (1850’s)*

““They’re not They’re not persons”persons”

““They’re not persons, They’re not persons, but property”but property”

It’s a personal choiceIt’s a personal choice It’s a personal choiceIt’s a personal choice

It’s a religious issueIt’s a religious issue It’s a religious issueIt’s a religious issue

*Stephen Douglas used all of these arguments in favor of retaining slavery

Page 50: Abortion Medico legal aspect

Abortion: Life? Choice? Right?Abortion: Life? Choice? Right?

Available Online at

Evidence for God (www.GodAndScience.org)


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