320 Years of History
Gold Member
Such laws are nothing more than nonsense.You know, it says in the Bible that Adam and Eve didn't become "human" or "alive" until God breathed the breath of life into them.
I think the same thing would apply for someone being born, because if a child is stillborn, they don't issue a death certificate for the stillborn fetus.
I look at it like a set of plans for the house. A set of blueprints isn't a "house", it's just a plan to build one. Kinda like an egg and a sperm aren't "people", but rather just blueprints for people. Follow the blueprints and you have a house. Let the egg and the sperm get together, and you've got a blueprint for a person, but it's still not a person.
Then...............while the house is being built, it's still not really a "house" until the plumbing and wiring are complete (in the fetus it would be the nervous system and the circulatory system), and the interior has been finished (the child has fully developed and is ready to be born).
But the baby isn't a "person" until they draw their first breath.
My daughter was born (induced delivery) very early. Over six weeks early to be specific. She was not breathing when she was delivered and it was a long few minutes before we were able to coax her to draw her first breath.
I reject your claim that she was not a person before that first breath. She was my daughter, a human being and a person - long before that first breath.
Also, If your claim is that a person is not a person until they draw their first breath. . . what then is the basis for a MURDER charge under our fetal homicide laws? Not even viability is required for a murder charge under those laws.
Law is not always consistent nor do they always make sense. Laws that charge for 2 deaths in the case of
First off, corporations are not people and for one to claim rationality there is no reason to bring that up in this conversation. CU did not make corporations people or even deem it so - it deemed that people did not lose the rights of free speech when they came together and formed a corporation.Blue from your prior post:Personhood begins when a live human emerges from a human mother's womb. Prior to that point, the developing lifeform in the womb is nothing more than something that has the potential to be a person.
How do you reconcile that belief with the legal definitions which simply say a natural person [is] "a human being?"
Are you claiming that a prenatal child is not even a human being - until they emerge from the womb?
Yes.
Okay.
Do you have any science / biological references to support your claim/ denial?
Anything?
I have nothing to reconcile because human being and person are, in my mind, synonymous. One becomes a human being upon emerging from the womb. One becomes a person upon emerging from the womb.
You see for all the things I am, the one thing I am not is irrational to the point that I will espouse a principle that I cannot abide in all cases where that principle might be applicable. Were I to accept that personhood begins at some point prior to birth, I'd then need to also consider whether corporations too can exist when they are in their formative state because that will have opened to door to that line of argument around the question of what personhood is.
You see, I don't allow the moral dimension to enter into what I consider a person. I establish a very clear and easily identified point in time at which personhood begins for tangible things, or things that can be made tangible, and that point is objectively comparable for all things that are deemed to be born.
- Humans are born when they emerge from the womb. Period. Prior to that point in time, there is no human.
- Corporations are born when their documents of incorporation are filed. Period. Prior to that, there is no corporation.
Red and Blue from your prior post:
I don't have a need for more than simple logic for I am unwilling to succumb to the fallacies of division and composition. Having some of the characteristics of a human being does not of a human being make of a fetus. Moreover, logically speaking, it doesn't matter what potential to become a person that a fetus has.
One of the defining traits of being a human being is emergence and existence outside the womb. If you want a 20 week or five week old fetus to assume personhood, then as far as I'm concerned, you'll need to remove it from the womb at that point in its existence. At that point, I will call it a person and consider it as deserving all the rights and privileges appertaining to people.
How many people do one see when one sees a pregnant woman? I see one person, the pregnant woman. When the fetus leaves the womb, at whatever point in time that occurs, I see two people.
We have a term, birth, that refers to the point at which one's existence as a person begins. What date is on everyone's birth certificate? The date on which they were conceived? The date on which the zygote lodged in the uterine wall? The date in the course of their fetal existence that they were X weeks into it? The date upon which they emerged from the womb?
If one is born into family of a monarchy and the queen is pregnant when the king dies, who assumes the throne? It's not the fetus that does so. Why not? Because it's not yet a person; it is a future person. Being a person and a future person are not the same things.
Also, as already mentioned, the 'bookkeeping' that governments do does not really have any rational place in this debate as well. The date that the government records is meaningless outside of bureaucratic needs.
As far as a 'proto person' and a person I am interested on why birth itself is the delineating factor here. Looking at this from a rational standpoint, there is quite literally no difference in the 'person' in question one second before birth and one after other than location. That is the sole difference. I find that, IMHO, a very irrational basis for the idea of person hood. It is simply convenience, not rational.
I personally ascribe to the Neurological view myself - the mind is the one defining thing that makes humans distinct from other life on the planet. The change here is one of functionality of the brain rather than that of location and I find that a much more rational idea to base person hood on than location in my opinion. Of course, this debate really is an exploration into the legality of abortion otherwise there is little to no reason to bother with defining the exact point that 'person hood' begins. In that context, I think it is important to recognize that there is a balancing act here in the rights of those that are developing and those that are carrying the child. Even Roe recognized that there is an interest in protecting the rights of the unborn. Partial birth abortions are illegal in most places because of that recognition as they should be (medical reasons not withstanding).
I agree corporations are not people, but they get treated in law as though they are. My views of when a living organism becomes a person don't issue from those of when a corporate person begins. Rather, I note that my conception/principle of when personhood begins -- it begins upon birth -- works for both situations. As I've said before, a good principle is one that works in general as well as well it's applied to specific situations. That my principle on the matter of the commencement of personhood works across spectrums suggests to me that it's a better principle than one that works except when it doesn't.
As far as the idea of corporate personhood itself goes, I'd be perfectly fine with denying corporations the rights of personhood and removing that from the discussion as a result. But doing so will not alter what I think about what marks the start of human personhood.