| | The development of the minimal capacity for reason within the fetus marks the starting point of a distinct human life, because that capacity primarily distinguishes human life from non-human and pre-human life.
Rand's position, as described by Robert Malcom (which was interesting to read because I have never thought of that argument), implies that the lack of physical seperation of fetus and mother obliterates the distinction between two lives, one living within the other. That is, until birth, the fetus really isn't a distinct life. But why isn't the fetus a distinct life? Medical science clearly proves that it is a seperate biological entity whose viability substantially depends on its own biological processes. But as soon as we concede that prenatal life features one life within another, the question arises: is the fetus a human life with moral standing that is unique to human beings? The answer has to be: yes, as soon as the fetus acquires the minimal capacity for reason that makes it minimally human. There is no conflict in rights between the mother and her fetus. Before the development of the minimal capacity for volition, abortion is not murder. Therefore, if the mother wants to abort, she has the responsibility to do so before it's too late, before the abortion becomes murder.(Similarly, if I sign a contract that requires that I make a payment prior to a certain date, I must take care to make the payment on time to uphold my rights under the contract.)
Jon's argument that human life begins with viability fails, I think, because the nature of human life is such that viability developes along a continuum. A fetus is prematurely ejected by nature, breathing and heart beating. But its ability to survive depends on human intervention. In some cases, the fetus might survive for seconds; in others for hours without intervention. In some cases, the intervention might consist of making sure the fetus gets nutrition from its mother. In other cases, intervention might involve technological feeding. Two years later, the baby still depends on adult care for its survival; and for several years following, the child needs adult care to survive and become optimally human. My point is that viability is not a distinct event that marks the beginning of human life.
Robert Davison points out that the capacity for reasoning developes in nature for a long time following birth. And even after a child developes the ability to form concepts, and then gradually deal in complexity, years of experience are necessary for the child to become a mature adult. Prior to adulthood, at all stages of human life, from say the 24th week through 15 to 18 years, the pre-adult gradually acquires more rights, commensurate with its capacity to think and live. The 24 week old fetus acquires the barest moral standing: the right to be spared intentional or negligent death. The baby acquires more rights, such as the right to explore and learn; the adolescent more rights still, and so forth.
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