Re: When do cells become life?
by
TheyCallMeBruce
06/11/2009, 11:50 AM #
I think it's a little trickier than that. There are really two questions: when does "life" begin, and when does "personhood" begin? The first may inform our legal thinking as well as our moral choices, but the second is how our tradition of law ultimately decides such matters.
On the second question the legal precedent is conflicting, but it all seems to agree that personhood begins no sooner than "quickening" (that is, the first detection of movement by the mother) or viability. The conflict is illustrated by the fact that if one kills a pregnant woman's unborn child, in many jurisdictions that act would be classed as a homicide, not a maiming of the mother, but OTOH, there is no civil case for wrongful death because a child cannot have any cause of action until it is born alive.
(The former principle has always troubled me from a legal standpoint, though not so much from a moral one. If an embryo or fetus is a person it is a person and if not it is not; personhood isn't subjective, you can't be a person to some people and not to others. If it is a person, then abortion is by definition murder; therefore, if abortion isn't to be murder, an unborn child cannot be a person. Consent can't change that because under our law there is no valid consent to murder, by the victim, the victim's guardian, or anyone else. But then how can a third-party assailant be charged with murder, as opposed to some sort of felonious assault, if no person has died?)
The tough thing IMO is rationally justifying a policy that personhood begins at birth even if life begins earlier, but doing so in a manner that doesn't carry the potential for classifying other helpless, unconscious, wholly dependent human beings as nonpersons. The location of the fetus doesn't do it for me. On the other hand it's hard to see a single fertilized egg as a person, genetically distinct though it may be. I don't have a good answer on how to draw the line.