A secular debate about abortion

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Seth
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Re: A secular debate about abortion

Post by Seth » Fri Feb 04, 2011 7:10 pm

Warren Dew wrote:
Seth wrote:
I wrote:For what it's worth, my definition of "human being" is a genetically and phenotypically human animal which can reason about spatial relationships and understand language. Note that, as Seth noted might be possible, this is different from what the definition of a legal person is, or even what it should be.
From the "personhood" perspective, this is very Singer-like in that it would deny human rights to born infants as much as several months old. I cannot agree. But the definition is consistent with secondary and tertiary definitions of "being" in the dictionaries, which allude to a degree of cognitive ability.
As you stipulated in the original question, our definitions of "human being" is not necessarily the same as the legal definition of "person", so we do not yet have a basis to impute the existence or nonexistence of "human rights".

I agree that my definition, as with Seraph's definition, excludes most newborn infants from the category of "human being". That is consistent with my experience with newborn infants, including at least one of my own. Now, it's true that newborns have a hard wired mechanism of making eye contact with adults and convincing them, through the cuteness of the infants' huge eyes, that they are human beings. If you actually observe their behavior and reactions, though, you can't really conclude that there's a mind inside that brain anywhere near as complex as even a mouse has. Even reactions to pain take a couple of seconds to occur, if they occur at all. That's consistent with what's known about the biology of their nervous systems - most of the nerves in the central nervous system are not yet myelinated, and conduct nerve impulses slowly and erratically, which seems to make more complex sequences and patterns of nerve impulses impossible.

However, the point at which an infant comes to meet my definition - or Seraph's - is difficult to determine and varies from infant to infant. I would therefore argue that the appropriate line to draw is not such a scientifically justified line, but rather a simpler, and conservative, legal line, for defining what legally constitutes a "person". Many traditional societies draw the line from a few days to a month after the birth. To me, given the availability of abortion before birth, attaching legal personhood at birth seems to draw a very clear line that is adequately conservative.

This is not to say that unborn fetuses should have no rights at all. Nonhuman animals have rights; we're allowed to kill them, but we aren't allowed to vivisect them, or torture them for our entertainment, for example. I'd suggest that those rights are the appropriate rights to attach at the point where the fetus has a central nervous system. It's okay to abort them, but the method shouldn't be unnecessarily inhumane, and we shouldn't be able to remove a live fetus for experimentation.
hadespussercats wrote:Are people in persistent vegetative states not actually people, then? I'm not saying I necessarily disagree with this (I support euthanasia, as well), but it does introduce a bit of slippery-slope to your sentience=personhood distinction.
For me, people who have actually lost higher brain function are not "human beings", although I question whether that situation really applies to many of the people who are classified as being in persistent vegetative states. I would still classify them as legal "persons", for simplicity and conservatism. Still, it's generally legal to remove them from life support and deny them extraordinary care, and I agree with that approach.
And yet Science Daily has an article indicating that fetuses can recognize mom's voice in the womb.

This indicates that there is cognition, and substantive cognition including long-term memory. Other research indicates that infants come "pre-wired" with a huge number of neural interconnections, and have an ability to learn that actually diminishes with time, as multiple neuronal connections "compete" and are winnowed down for a particular stimulus. This "rewiring" takes place in the months after birth, which is why children can learn multiple languages at an early age, but have greater difficulty as they mature.

This indicates that the fetus's brain is a wide-open neural network hungry for stimulus and input, which debunks the notion that there is no cognition going on. Remember, cognition and response are two different things, and the fetus may be inputting and processing information without the present ability to communicate that this is occurring. Obviously a child learns language skills long before it's able to express those skills vocally. First comes the input, then the internal processing, then the external manifestation. This means that it's probably incorrect to assume that just because a newborn infant doesn't say "Hi Dad, how are you today" that it's not thinking.
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Re: A secular debate about abortion

Post by Warren Dew » Fri Feb 04, 2011 7:14 pm

Seth wrote:And yet while the law permits the withdrawal of artificial life support, it does not allow actual killing of the person. Even if food and water are cut off, things are allowed to progress naturally to the natural end. With a pregnancy, that would mean allowing the gestation to proceed normally to delivery, without artificial intervention in the natural processes involved.
Well, the person in the persistent vegetative state is still a legal person, and the fetus is not.

Even if it were, though, it's receiving life support in the form of oxygen and nutrients from the mother. The equivalent to withdrawing that support in the vegetative case is inducing a miscarriage - one form of abortion - in the case of pregnancy, then allowing the fetus to die on its own outside the mother.

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Re: A secular debate about abortion

Post by Coito ergo sum » Fri Feb 04, 2011 7:15 pm

hadespussercats wrote:
It all depends on how you define damages, Seth.
Under contract law, the value of unperformed services can be awarded to put the wronged party in the position they would have been in had the contract been fully performed. Alternatively, for a personal services contract, the court can order "specific performance, " meaning that the thing promised must be done. The specific performance remedy would require the defaulting male to continue performing services until he gets it right. I have no problem with that remedy, and if a woman wants me to keep trying until I get it right, then I aim to please - customer service is job one.

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Re: A secular debate about abortion

Post by hadespussercats » Fri Feb 04, 2011 7:15 pm

Seth wrote:
Copyleft wrote:
hadespussercats wrote:Are people in persistent vegetative states not actually people, then? I'm not saying I necessarily disagree with this (I support euthanasia, as well), but it does introduce a bit of slippery-slope to your sentience=personhood distinction.
Absolutely. Without brain activity, a body is just meat. The meat may be active or still, but there is no person present.
And yet while the law permits the withdrawal of artificial life support, it does not allow actual killing of the person. Even if food and water are cut off, things are allowed to progress naturally to the natural end. With a pregnancy, that would mean allowing the gestation to proceed normally to delivery, without artificial intervention in the natural processes involved.
Why isn't abortion an example of the withdrawing of life support? Cutting the cord, as opposed to pulling the plug?
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Re: A secular debate about abortion

Post by Seth » Fri Feb 04, 2011 7:17 pm

Coito ergo sum wrote:
Copyleft wrote:
Coito ergo sum wrote:My argument is that the consent to sex does not imply what Seth says it implies.
Copyleft wrote: The question of whether the current arrangement is truly just and equitable... and whether it should be modified if not... needs to be addressed.
Coito ergo sum wrote:Maybe it does, maybe it doesn't. But, do you think that consent to sex constitutes the contractual agreement Seth says it does?
No, I would say not. But then, I also don't think that consent to sex should constitute the contractual agreement you describe either (that the man is legally liable to bear the parenting costs if an unwanted pregnancy occurs AND if the woman chooses not to abort or adopt out)... even though the current law says otherwise.
See, but the thing is, I haven't suggested that there is any contract at all. Quite the opposite. There isn't a contract - there is no offer, acceptance, consideration or manifestation of mutual assent to reasonably specific terms - at least not merely because the parties consent to have sex. If they say things to each other that constitute an offer/acceptance and agree to exchange something of value under certain terms, well then there'd be a contract. But, in my entire life I can honestly say that I've never negotiated a contract with a woman under sexual circumstances - we generally just consent to fuck.
"Oh, baby, fuck me, fuck me hard, make me come!"

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"Oh, sweetheart, yes, yes, do it like that, fill me up with your hot cum, yes, yes, yes!"

"Oh baby, yes, take it, take my hot load!"

Um...Offer, acceptance, consideration and manifestation of mutual assent to reasonably specific terms, and an exchange of value (his sperm) in return for consideration (her hot, throbbing pussy milking the semen from him, giving him an orgasm).

Looks like a contract to me. :D
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Re: A secular debate about abortion

Post by hadespussercats » Fri Feb 04, 2011 7:17 pm

Coito ergo sum wrote:
hadespussercats wrote:
It all depends on how you define damages, Seth.
Under contract law, the value of unperformed services can be awarded to put the wronged party in the position they would have been in had the contract been fully performed. Alternatively, for a personal services contract, the court can order "specific performance, " meaning that the thing promised must be done. The specific performance remedy would require the defaulting male to continue performing services until he gets it right. I have no problem with that remedy, and if a woman wants me to keep trying until I get it right, then I aim to please - customer service is job one.
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Re: A secular debate about abortion

Post by lordpasternack » Fri Feb 04, 2011 7:17 pm

Hades/Warren - the question of women's bodily autonomy can NEVER be removed from the picture, so long as we continue to be the dioecious dimorphic placental mammals that we are, and while the product of pregnancy resides in her body. I was never intending to disregard the argument for what it was worth, or pretend that I have just poofed the whole issue of physical pregnancy inside someone's body away - but objecting to how the argument is used, either where it might not strictly apply, or where the actual motive isn't actually related to qualms about being "parisitised".

Again - I said, if it were mostly or predominantly qualms about the autonomy of their bodies - women seeking abortions would have litte presumable issue with their foetus being raised to viability outside of their bodies and either having it handed to them or being expected to pay Child Support down the line - which may well happen one day. The fact is of course that what the women are really trying to say is a bit more subtle and complex than what they say at face value - but the bottom line is that they do have the last word on whether to continue with or end bodily pregnancy due to their inexorable right to bodily autonomy, and the way that our reproduction as a species is currently set-up. And indeed - where an embryo/foetus removed live from her body and attempts made (perhaps along wishes of the father) to bring it to viability - the woman would no longer be able to plead bodily autonomy in her protests against this. That is when the issue of said autonomy is, literally, taken out of the picture, and it works. And if that foetus of hers is then inserted into a surrogate mother, against her wishes - she then has to cede to that woman's bodily autonomy, too. :tup:

Bottom line: The possession of the womb, and automony over the use of said womb is a rather large elephant in the room in this issue that will never in any real practical terms leave the room at least until various technologies are developed. The fact of the matter probably is though that most women likely abort for the explicit motive of avoiding unplanned parenthood, and the matter of bringing a new person into the world - rather than because they feel disturbed about the actual physicality of the pregnancy. In reality they abort for similar things that men might feel on hearing about an unwanted pregnancy, or maintain a pregnancy for similar emotions that an expectant father might feel - while making an ultimate appeal to the elephant in the room. Their decision might have had little explicitly to do with the elephant in the room - but nonetheless the elephant hasn't left the building, and it is unassailable.

I could get pregnant and abort for kicks (Rule 34 - there ARE abortion fetishists :? ) - which seems like an utterly ignoble and twisted rationale. Or I could go out and deliberately sucker a nice wealthy man into impregnating me. Or I could somehow make myself the surrogate mother of an embryo whose biological parents I knew, or could try impregnating myself in front of a sperm donor, with his cuppy cup without the usual procedures - and see to harrassing the respective biological parents the minute pregnancy occurs. And in either case I cite my bodily autonomy and there's little real argument to be had on that basis. You can question my head, my integrity, my principles - but the argument about the use of my body is always pretty much over at the outset.
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Re: A secular debate about abortion

Post by Coito ergo sum » Fri Feb 04, 2011 7:18 pm

hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
It all depends on how you define damages, Seth.
Under contract law, the value of unperformed services can be awarded to put the wronged party in the position they would have been in had the contract been fully performed. Alternatively, for a personal services contract, the court can order "specific performance, " meaning that the thing promised must be done. The specific performance remedy would require the defaulting male to continue performing services until he gets it right. I have no problem with that remedy, and if a woman wants me to keep trying until I get it right, then I aim to please - customer service is job one.
The job isn't done until she's done? There's a good work ethic!
And, then one for good measure... :biggrin:

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Re: A secular debate about abortion

Post by Seth » Fri Feb 04, 2011 7:21 pm

hadespussercats wrote:
Seth wrote:
Copyleft wrote:
hadespussercats wrote:Are people in persistent vegetative states not actually people, then? I'm not saying I necessarily disagree with this (I support euthanasia, as well), but it does introduce a bit of slippery-slope to your sentience=personhood distinction.
Absolutely. Without brain activity, a body is just meat. The meat may be active or still, but there is no person present.
And yet while the law permits the withdrawal of artificial life support, it does not allow actual killing of the person. Even if food and water are cut off, things are allowed to progress naturally to the natural end. With a pregnancy, that would mean allowing the gestation to proceed normally to delivery, without artificial intervention in the natural processes involved.
Why isn't abortion an example of the withdrawing of life support? Cutting the cord, as opposed to pulling the plug?
Obviously it's not a "withdrawal of support," it's an invasive and dangerous medical procedure that kills the fetus, just like shooting a load of medication into grandma's IV tube would be.
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Re: A secular debate about abortion

Post by hadespussercats » Fri Feb 04, 2011 7:22 pm

Coito ergo sum wrote:
hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
It all depends on how you define damages, Seth.
Under contract law, the value of unperformed services can be awarded to put the wronged party in the position they would have been in had the contract been fully performed. Alternatively, for a personal services contract, the court can order "specific performance, " meaning that the thing promised must be done. The specific performance remedy would require the defaulting male to continue performing services until he gets it right. I have no problem with that remedy, and if a woman wants me to keep trying until I get it right, then I aim to please - customer service is job one.
The job isn't done until she's done? There's a good work ethic!
And, then one for good measure... :biggrin:
A baker's dozen?
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Re: A secular debate about abortion

Post by Coito ergo sum » Fri Feb 04, 2011 7:25 pm

hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
It all depends on how you define damages, Seth.
Under contract law, the value of unperformed services can be awarded to put the wronged party in the position they would have been in had the contract been fully performed. Alternatively, for a personal services contract, the court can order "specific performance, " meaning that the thing promised must be done. The specific performance remedy would require the defaulting male to continue performing services until he gets it right. I have no problem with that remedy, and if a woman wants me to keep trying until I get it right, then I aim to please - customer service is job one.
The job isn't done until she's done? There's a good work ethic!
And, then one for good measure... :biggrin:
A baker's dozen?
I'm over 40....by this age, you're lucky if you get "3rd time is the charm" :lol:

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Re: A secular debate about abortion

Post by Warren Dew » Fri Feb 04, 2011 7:25 pm

Seth wrote:And yet Science Daily has an article indicating that fetuses can recognize mom's voice in the womb.

This indicates that there is cognition, and substantive cognition including long-term memory.
It doesn't show anything beyond what lizards have, and doesn't refute my argument at all. I've already acknowledged that fetuses at that point should have rights similar to what animals have.
Last edited by Warren Dew on Fri Feb 04, 2011 7:34 pm, edited 1 time in total.

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Re: A secular debate about abortion

Post by hadespussercats » Fri Feb 04, 2011 7:28 pm

Seth wrote:
hadespussercats wrote:
Seth wrote:
Copyleft wrote:
hadespussercats wrote:Are people in persistent vegetative states not actually people, then? I'm not saying I necessarily disagree with this (I support euthanasia, as well), but it does introduce a bit of slippery-slope to your sentience=personhood distinction.
Absolutely. Without brain activity, a body is just meat. The meat may be active or still, but there is no person present.
And yet while the law permits the withdrawal of artificial life support, it does not allow actual killing of the person. Even if food and water are cut off, things are allowed to progress naturally to the natural end. With a pregnancy, that would mean allowing the gestation to proceed normally to delivery, without artificial intervention in the natural processes involved.
Why isn't abortion an example of the withdrawing of life support? Cutting the cord, as opposed to pulling the plug?
Obviously it's not a "withdrawal of support," it's an invasive and dangerous medical procedure that kills the fetus, just like shooting a load of medication into grandma's IV tube would be.
Dangerous to the fetus? Sure. Dangerous to the woman? In the U.S. at least, abortions are far less dangerous to women than carrying a pregnancy to term.

Besides which, there are many abortions that are done without an invasive procedure. I suppose you could liken that to shooting a load of medication into grandma's IV-- though grandma's existence poses no curtailment on my rights, so the situations are not exactly parallel. Plus, some contraceptives work by keeping a fertilized egg from being able to implant in the first place-- i.e.- no cord. Since they work after fertilization occurs, are they abortions?
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Re: A secular debate about abortion

Post by hadespussercats » Fri Feb 04, 2011 7:30 pm

Coito ergo sum wrote:
hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
The job isn't done until she's done? There's a good work ethic!
And, then one for good measure... :biggrin:
A baker's dozen?
I'm over 40....by this age, you're lucky if you get "3rd time is the charm" :lol:
Well, if you can get to three at the ripe old age of 100, you're doing pretty well. A miracle of endurance, even!
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Re: A secular debate about abortion

Post by Coito ergo sum » Fri Feb 04, 2011 7:36 pm

hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
Coito ergo sum wrote:
hadespussercats wrote:
The job isn't done until she's done? There's a good work ethic!
And, then one for good measure... :biggrin:
A baker's dozen?
I'm over 40....by this age, you're lucky if you get "3rd time is the charm" :lol:
Well, if you can get to three at the ripe old age of 100, you're doing pretty well. A miracle of endurance, even!
Pretty well? I would think that if the damn thing works at 100, it's would almost constitute proof of the existence of God.

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