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Author Topic:   Legal Death, Legal Life, Personhood and Abortion
Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 76 of 316 (182755)
02-03-2005 5:07 AM
Reply to: Message 75 by RAZD
02-02-2005 8:25 PM


Re: stats / side topic
and of course it's because they have all that extra tax money to spend:
...Then there is the issue of how much is spent on health care not covered by taxes and add those to the tax figures to see what the difference is.
I can't speak for Sweden but I am aware of what it's like in Denmark. Usually people criticize those countries (after finding out how well off the people in those countries are) by stating that they have such high tax rates. The fact is they have good salaries to match and so the tax ends up not really being a burden.
It is only in a theoretical sense that one has "lost what one is making", with the benefit of having lots of benefits one "never has to pay for".
Indeed I always find it funny that people in the US think their system saves them money, when they are forced into paying high out of pocket prices for health services, and end up needing insurance policies anyway which is... socialized medicine, except most of the money gets diverted away from actual medicine!
In the end people in the US would spend more in healthcare rather than those paying taxes in the socialist systems.
I tells ya, it was sweet! I do like capitalism and free markets in general (basic production and services), but for major routine and essential services it just makes sense (not to mention dollars and sense) to have socialized programs.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 75 by RAZD, posted 02-02-2005 8:25 PM RAZD has not replied

Dr Jack
Member
Posts: 3514
From: Immigrant in the land of Deutsch
Joined: 07-14-2003
Member Rating: 9.2


Message 77 of 316 (182757)
02-03-2005 5:13 AM
Reply to: Message 66 by RAZD
02-02-2005 7:30 AM


Re: thanks Mr Jack
I don't think it is completely tangential, as this gives a rational basis for that decision: a zygote or a blastocyst does not meet the requirements for {a human life} as opposed to a {single\mass} of {living but not particularly special} cell{s}.
There's no need for such a justification. Whether or not the baby is human we have right to force her to continue to act as an incubator against her wishes.
Continuing beyond the point when you know you are pregnant is making a decision to continue. Further anyone engaging in protected sex should have all the equipment necessary for that protection on hand, whether it is night before protection or morning after protection, it should be there with the commitment to use it.
People have the right to change their minds. Whether protection was sought, used, ignored or failed makes no difference - we have no right to force a women to act as an incubator against her wishes.

This message is a reply to:
 Message 66 by RAZD, posted 02-02-2005 7:30 AM RAZD has replied

Replies to this message:
 Message 82 by RAZD, posted 02-03-2005 7:13 AM Dr Jack has replied

riVeRraT
Member (Idle past 446 days)
Posts: 5788
From: NY USA
Joined: 05-09-2004


Message 78 of 316 (182759)
02-03-2005 5:48 AM
Reply to: Message 72 by Silent H
02-02-2005 8:58 AM


Re: the logic
You obviously didn't read my first reply, I will put it again, for the last time.
It is firmly established, both in case law and in medical ethics, that competent adult patients have the right to refuse life-supporting medical treatments, even artificial nutrition and hydration. By the same token, an appropriate surrogate can refuse life-supports on behalf of the legally incompetent if there is sufficient reason to believe the patient would have refused treatment in the present circumstances. Because of this broad legal and moral right to refuse treatment, life-supports that are unwanted or are considered unhelpful -- including life-supports for permanently unconscious patients -- can be terminated without first declaring the patient dead.
This last paragraph is the key to my thinking. Until the fetus has achieved the status of "personhood" discussed above, the "appropriate surrogate" -- in this case the family -- can decide to terminate life support, and if the patient naturally expires due to failure of the {circulator and respiratory functions} to maintain life on their own, then the legal issue is settled.
And there is the Holy Grail.
There's your stupid plank..
It's just so retarded.

This message is a reply to:
 Message 72 by Silent H, posted 02-02-2005 8:58 AM Silent H has not replied

riVeRraT
Member (Idle past 446 days)
Posts: 5788
From: NY USA
Joined: 05-09-2004


Message 79 of 316 (182760)
02-03-2005 5:49 AM
Reply to: Message 72 by Silent H
02-02-2005 8:58 AM


Re: the logic
I haven't told you how to live your life, I only explained how to improve your counter arguments, as well as pointing out that you should stop trying to tell others how to live their lives.
Um, yes, and now you are a liar as well.
Thank you.

This message is a reply to:
 Message 72 by Silent H, posted 02-02-2005 8:58 AM Silent H has replied

Replies to this message:
 Message 84 by Silent H, posted 02-03-2005 8:49 AM riVeRraT has not replied

riVeRraT
Member (Idle past 446 days)
Posts: 5788
From: NY USA
Joined: 05-09-2004


Message 80 of 316 (182762)
02-03-2005 5:52 AM
Reply to: Message 73 by Jazzns
02-02-2005 2:43 PM


Re: Previous Post
His definition of "personess" is being able to ask the person. Last time I checked, its hard to communicate with a developing human.

This message is a reply to:
 Message 73 by Jazzns, posted 02-02-2005 2:43 PM Jazzns has replied

Replies to this message:
 Message 86 by Jazzns, posted 02-03-2005 10:01 AM riVeRraT has replied

riVeRraT
Member (Idle past 446 days)
Posts: 5788
From: NY USA
Joined: 05-09-2004


Message 81 of 316 (182765)
02-03-2005 6:07 AM
Reply to: Message 74 by RAZD
02-02-2005 8:07 PM


Re: If 2/3rds of zygotes never make it to week 12 naturally ...
Again, it's not a strawman if you say it is.
My arguements are 100% accurate, and reprsent the truth.
You are basing all this on false premises. Your whole arguement or essay is a strawman, not my rebutal.
Obviously nothing. {about them is the same}
One has lungs that do not work due to a sustained injury.
The other doesn't have lungs at all.
And obviously then, both fail the test for working lungs and brain. No different from any still living mass of cells within the otherwise dead body, organs that can be transplanted to save other lives (but which are not themselves a human life), but not the elements crucial to a living human being.
So if the person on life support could recieve new lungs, and that would save his life, should we still pull the plug legally?
Answer that...
They are cells. Cells without what they need to be functioning human beings
That's a strawman. They have exactly what they need to be a functioning human being in the stage that they are in.
You keep comparing mechnical life support to natural human dvelopment.
The 2 CANNOT be compared, its a strawman.
Get over it, your wrong.
Because it is about how to address an emotional issue logically and with a consistent basis. Knowing it will upset {you\others} because of your emotional views doesn't make it any less valid, but it is fair to give warning.
If your essay made any sense at all, it would not upset people, and there would be now need ofr a "warning" Leave emotions out of it, if you don't want an emotional response.
It's not a baby until it is born.
I said developing, stop mis-representing what I say. It's not logical.
One can also argue that we all end up dead.
Are you sure your not retarded?
So nothing matters right? We all end up dead? Thats an arguement?
You call my arguements strawmen, yet this is what you come up with?
No wonder you don't believe in God, the world has you by the balls.
The devil is so happy for you to be exactly where your at.
I hope and pray that you will see the light one day, and it will give you peace.
And the fact that 2/3rds of zygotes never make it to week 12 naturally means that you cannot rationally consider them to be human, that this would be just as arbitrarily erroneous as stating that you aren't human until you are 10.
So then, lets use your logic. 2/3rds of all people never make it past 75 (or whatever) are they not humans as well?
Can we just kill them at will now?
Abortion is legal, it is not breaking the law. With or without this definition.
That has nothing to do with what I said. If you remove a zygote from the womb, you are the cause for the sustained injury.

This message is a reply to:
 Message 74 by RAZD, posted 02-02-2005 8:07 PM RAZD has replied

Replies to this message:
 Message 88 by RAZD, posted 02-03-2005 9:14 PM riVeRraT has replied
 Message 103 by nator, posted 02-05-2005 8:48 AM riVeRraT has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 82 of 316 (182776)
02-03-2005 7:13 AM
Reply to: Message 77 by Dr Jack
02-03-2005 5:13 AM


Re: thanks Mr Jack
Actually it is more than just an incubator -- that is a passive participant, whereas the role of the female is very active in the production and develpment of the zygote to the fetus. Think about it, there is massive change going on that involves not only sufficient nutrients and a cosy environment (incubator) but monitoring and application of key hormones and a whole platform of support structures.
One could argue that the woman provides 99.9% of the raw materials, provides all the {environmental\process} management, as well as {co-authors} the development process.
I guess what I am saying is that I already assume that right to be self-evident.
But yes, we have no right to force behavior on anyone.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 77 by Dr Jack, posted 02-03-2005 5:13 AM Dr Jack has replied

Replies to this message:
 Message 83 by Dr Jack, posted 02-03-2005 7:26 AM RAZD has not replied

Dr Jack
Member
Posts: 3514
From: Immigrant in the land of Deutsch
Joined: 07-14-2003
Member Rating: 9.2


Message 83 of 316 (182777)
02-03-2005 7:26 AM
Reply to: Message 82 by RAZD
02-03-2005 7:13 AM


Re: thanks Mr Jack
Actually it is more than just an incubator -- that is a passive participant, whereas the role of the female is very active in the production and develpment of the zygote to the fetus. Think about it, there is massive change going on that involves not only sufficient nutrients and a cosy environment (incubator) but monitoring and application of key hormones and a whole platform of support structures.
I figured just saying 'incubator' would save a few words, but you are quite correct.

This message is a reply to:
 Message 82 by RAZD, posted 02-03-2005 7:13 AM RAZD has not replied

Silent H
Member (Idle past 5849 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 84 of 316 (182798)
02-03-2005 8:49 AM
Reply to: Message 79 by riVeRraT
02-03-2005 5:49 AM


Re: the logic
From #78
And there is the Holy Grail.
There's your stupid plank..
Huh? Perhaps more than two exclamatory sentences would make your argument stronger. His statement (in context of his essay) made logical sense.
If you are saying you are attempting to refute the logic of that section you quoted, that's fine, but you have thuse far done a poor job of it. I do not seen a rebuttal which accurately attacks that argument within its proper context.
It was not simply using that fact of law alone to make his case. You will note that he makes the statement that it is in conjunction with "personhood".
Um, yes, and now you are a liar as well. Thank you.
Okay, what did I say you should be doing with your life?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
"...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)

This message is a reply to:
 Message 79 by riVeRraT, posted 02-03-2005 5:49 AM riVeRraT has not replied

nator
Member (Idle past 2199 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 85 of 316 (182813)
02-03-2005 9:35 AM
Reply to: Message 75 by RAZD
02-02-2005 8:25 PM


Re: stats / side topic
http://unstats.un.org/unsd/mi/mi_worldregn.asp
You an try this website of stats from the UN. It lists regions rather than countries.

This message is a reply to:
 Message 75 by RAZD, posted 02-02-2005 8:25 PM RAZD has replied

Replies to this message:
 Message 87 by RAZD, posted 02-03-2005 7:24 PM nator has replied

Jazzns
Member (Idle past 3941 days)
Posts: 2657
From: A Better America
Joined: 07-23-2004


Message 86 of 316 (182827)
02-03-2005 10:01 AM
Reply to: Message 80 by riVeRraT
02-03-2005 5:52 AM


Missed Point
I know you have a lot to respond to with me, RAZD, and holmes. Thank you for at least this small reply to know that my messages are not just wasted bits.
Respectfully though, It does not seem that you read my original message (Message 55). Can you at least let me know that you read the original? I say this because you seemed to address a point that I did not make in either of my posts.
I never said, nor do I recall RAZD saying, anything about being able to communicate as part of any definition of "personness". My post was about a compromise that, while insufficient for both sides, would give value to the argument to restrict partial birth/late term abortions.
It just seems that you are missing the part about RAZD's argument that could actually mandate protecting unborn children in later stages of development (2nd and 3rd trimester). I am on your side here. I think we do need SOME restrictions against late term abortions.
I repeat my questions to you. Must it be all or nothing? If so why given that some children might be saved?
If all you do is let me know that you read my initial post (Message 55) then any other failure to answer my questions will be tolerable.

This message is a reply to:
 Message 80 by riVeRraT, posted 02-03-2005 5:52 AM riVeRraT has replied

Replies to this message:
 Message 91 by riVeRraT, posted 02-04-2005 7:45 AM Jazzns has not replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 87 of 316 (182942)
02-03-2005 7:24 PM
Reply to: Message 85 by nator
02-03-2005 9:35 AM


Re: stats / side topic
a little too "massaged" for me, and unuseable to compare as a result. here the rich countries are excluded. perhaps people don't want us rich elites to see everyone on the same list?
might be too disturbing?
as if there are not people in the US with income under $1?

This message is a reply to:
 Message 85 by nator, posted 02-03-2005 9:35 AM nator has replied

Replies to this message:
 Message 102 by nator, posted 02-05-2005 8:39 AM RAZD has replied

RAZD
Member (Idle past 1435 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 88 of 316 (182952)
02-03-2005 9:14 PM
Reply to: Message 81 by riVeRraT
02-03-2005 6:07 AM


Re: If 2/3rds of zygotes never make it to week 12 naturally ...
riVeRraT writes:
Again, it's not a strawman if you say it is.
My arguements are 100% accurate, and reprsent the truth.
No, it is a strawman because it misrepresents the argument, whether I say it is or not. The issue is not the veracity of your arguments but whether they correctly portray - and address - the argument. They don't, and it is because they don't that it is a strawman argument. And that means that your argument is irrelevant because it does not address the issue.
So if the person on life support could recieve new lungs, and that would save his life, should we still pull the plug legally?
I believe that has been done. All that it means is that the respiratory system had not failed beyond the ability of modern medicine. On the other hand, if they received the lung transplant and still died, that would indicate such a failure.
But also, if the person had undergone severe brain damage as a result of failure of the lungs to provide the brain with oxygen, so that the transplant would result in a mental vegetable, then I would say it was a total waste of time and effort and resources, for even though the result may pass the {life\death} test, there would be no person there.
This issue of {life support} relates to the issue of {personhood} not to the {life\death} issue because life support is not provided to dead people.
The first question is whether the cells qualify as having the elements that we regard as signature elements for human life.
The second question is whether the human life has sufficient potential for personhood and if not, then to allow the withdrawal of life support for those who find that morally acceptable.
You keep attacking the first question with arguments regarding the second question.
That's a strawman. They have exactly what they need to be a functioning human being in the stage that they are in.
Tell me again how a single cell zygote or a multicell blastocyst functions as a human? Perhaps we should reclassify all species with the same abilities as human? We don't put 8 year old children in college because they have exactly what they need to be a functioning college student or even because they have the potential to become a college student, we put them in school according to their current ability and knowledge and functionality.
As noted (several times now) by the end of the 12th week 2/3rds of natural conceptions have naturally ended: how do they posses what is needed to be human?
You keep comparing mechnical life support to natural human dvelopment.
The 2 CANNOT be compared, its a strawman.
And you still do not know what a strawman argument is. What I said was "Cells without what they need to be functioning human beings" which makes no reference to life support, just to the fact that significant features that we deem necessary to be regarded as human are missing from early stage developments.
I said developing, stop mis-representing what I say. It's not logical.
I repeat: it is not a baby until it is born. And I further qualify that by adding that any attempt to link baby to fetus is misrepresenting the issue, and further that correcting that misuse is not misrepresentation. The proper words are zygote, blastocyst, embryo, and fetus, and these words fully and adequately describe the stages and abilities in question.
One could, with equal relevance, call all living people "developing corpses" as it is the same misuse of terminology.
No wonder you don't believe in God, the world has you by the balls.
When in doubt throw in the atheist accusation, always a winner for the godly, no matter how false it is. It is also totally irrelevant to the issue. The standard that we need to address this issue must be as logical and rational for the atheist, the hindu, the whirling dervish and everyone else, because we are an eclectic society of many different beliefs.
I hope and pray that you will see the light one day, and it will give you peace.
I could say the same about you, particularly as you seem to be more upset about this issue than I am.
So then, lets use your logic. 2/3rds of all people never make it past 75 (or whatever) are they not humans as well?
Can we just kill them at will now?
If you defined human life as only existing after age 75 you would have an argument, but we have already shown that 10 years old was a silly standard. The fact is that those people passed the test for brains, lungs and circulation systems.
That has nothing to do with what I said. If you remove a zygote from the womb, you are the cause for the sustained injury.
You said " If your going to use the law, you need to use the whole law, not just a few words from one specific law." so how is pointing out that abortion is currently legal not applicable to that statement?
The question is whether the zygote qualifies as something of legal concern, and given that well over 2/3rds fail to become human beings naturally, with no legal ramifications in any way, I would have to conclude that the answer is {no}.
And I repeat that the standard for judging human life needs to be consistent at both ends of the human life spectrum to be morally and ethically consistent.
There must not only be solid reasons for making the judgment of {human life} and {NOT human life} at it's most fundamental level,
but there must also be allowance for the wide variety of beliefs to exercise the full plurality of values on the question of {personhood\quality} in the same manner that we allow them to be exercised at the end of life.

we are limited in our ability to understand
by our ability to understand
RebelAAmerican.Zen[Deist
{{{Buddha walks off laughing with joy}}}

This message is a reply to:
 Message 81 by riVeRraT, posted 02-03-2005 6:07 AM riVeRraT has replied

Replies to this message:
 Message 92 by riVeRraT, posted 02-04-2005 7:54 AM RAZD has replied

Thor
Member (Idle past 5940 days)
Posts: 148
From: Sydney, Australia
Joined: 12-20-2004


Message 89 of 316 (183000)
02-04-2005 12:48 AM
Reply to: Message 64 by riVeRraT
02-02-2005 6:49 AM


Re: Yea yea
Listen I understand your point, but I am speaking of strickly healthy babies when I am against abortion.
Unhealthy babies is another story.
The problem I have with people aborting otherwise healthy baby, is that is a bad solution for another problem.
I agree up to a point. It’s not a particularly good solution, and I’m sure it would be preferable to the people concerned to not have to do it. But it cannot be ignored that in some cases it may be the only realistic solution. I’ve never proclaimed it to be a pleasant thing, but sometimes it may be a necessary thing, regardless of the health (or lack of) of the fetus. Yes, aborting a healthy fetus may be viewed differently to an unhealthy one as the reasons are probably different, but this is where it is important to have established criteria based on reasonable and informed thought, that states when life is considered to begin. This is what I am advocating here. Prior to this point, the baby as you call it, is not a baby. It is merely a cluster of cells forming the foundation of what may one day become a person. At this stage there is no mind, no person. It should be considered to be a part of the woman’s body, and nobody else other than the woman should be able to decide what to do with her own body.
Let's make a comparison. I own a HVAC Plumbing business. You call me saying that you have a leak in your baseboard heating system. Which would you prefer me to do:
a: Fix the leak, so it stops, and the system works fine.
b: Cut that part of your heating system out, so it stops leaking.
c: Put some duct tape around it so it stops for awhile, but it's going to leak again.
I don’t see where this comparison is relevant the point I was making, this seems to be in relation to the health-of-the-fetus aspect. Please explain if I am reading it wrongly.
The real problem is people getting pregnant who don't want to have babies.
Yes, it is a problem. However, out there in the real world it will continue to happen. It doesn’t matter how much morality is preached, or how much people are educated, or how much contraception is available. There will always be people who get pregnant because they are careless or irresponsible, or genuinely by accident. Should we say tough luck, you’ve got yourself a kid.? Having a child is a major life-changing event, and cannot be done half-heartedly. What if someone does not want to have a child at the time, yet is irresponsible and doesn’t take precautions against pregnancy? Are they fit and ready to be responsible parents? Maybe, or maybe not. Or, say someone did take all reasonable precautions and still gets pregnant by accident. In either situation, indeed whatever the reason may be, the raising of an unwanted child should not be forced upon them.
In summary, have your opinion. You have the right to it, and you have earned it. But the right of choice cannot be taken from others who don't share your views, whatever the health of the fetus may be.

This message is a reply to:
 Message 64 by riVeRraT, posted 02-02-2005 6:49 AM riVeRraT has not replied

Thor
Member (Idle past 5940 days)
Posts: 148
From: Sydney, Australia
Joined: 12-20-2004


Message 90 of 316 (183001)
02-04-2005 12:55 AM


two riverrats?
As an aside...
This from message 6
You and anybody else that agrees with you. You all must change now.
and then this from message 65
You know, you should stop telling people how to live their lives, and what to think, and stop being peoples psychologists as well, your not good at it.
How did these quotes come from the same person???
riverrat, are you sure you wrote both of these? You sure someone else didn’t sneak in and use your login while you weren’t looking??

Replies to this message:
 Message 96 by riVeRraT, posted 02-05-2005 7:28 AM Thor has not replied

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