Quote:
Originally Posted by Riot
IMO a bunch of cells with the beginnings of primitive neural tube formation is not "a baby", and it's death is certainly not "murder". A fetus doesn't even have all major organs necessary for life until about 2 months of gestation.
The question, for me, is when can that life be sustained independently (with medical support) from the mother's body.
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If the fetus (or collection of cells, however structurally organized) is alive, then active measures to destroy it have to be considered murder. You can't have death through active means of another be anything but murder.
That's why, as we all know, we have degrees in the law. First degree -- you sat down, planned it out, and killed the victim. Second degree - you got so pissed off that you killed someone in anger, when you might not have done it otherwise. Third or manslaughter - accidental, possibly negligent. Then some states have "involuntary manslaughter" - maybe you never got your brakes checked and you slid through an intersection and killed some little old lady with your car. You certainly didn't want that to happen, didn't plan it, weren't angry - but involuntary since you couldn't stop it once the car was moving.
So I can't agree with your "there was a death but no murder" argument.
Your standard for the permissability is what the Supreme Court called "viability" which is probably more legal than biological terminology. Funny thing about it is that as medical technology gets better, we can save children at earlier and earlier stages of pregnancy. Consider the goings on in Italy, where there is debate about "terminating the pregnancy" but saving the baby. Up until now, terminating the pregnancy was synonomous with killing the fetus. In the future, it might not be. It may be possible shortly that the baby can be removed from the mother and hosted artificially or in another willing woman. Now, what happens? For those who saw the abortion as a way to evade the responsibilities of parenthood, it might not work out that way, when, years after, someone knocks on their door looking for their "biological" parents.
What we have now is that premature delivery of wanted children results in medical measures used to save their lives - pretty successfully. But unwanted children at the same level of maturity can be left to die or aborted through "partial birth abortion". Which one of these two identically aged children is alive? Wouldn't the answer have to be the same for both? The mother doesn't get to decide like Solomon who lives or dies.