As I discussed in my last post, so-called pro-life and so-called pro-choice believers tend to agree on the final logic step used to reach their widely separated conclusions: that humans, even children, deserve protection under the law and that a person has supreme choice over their own body. As I said before, I believe that the sticking point in the argument is when one defines the beginning of a separate, “individual” human life.
Government exists to regulate the interaction between individuals involving force. Once you define the beginning of individual human life, it then becomes the responsibility of government to protect that life from uninvited violence (I offer this especially for those who say that pro-life is not a stance a true libertarian can take). I will in this entry propose what I believe to be the most scientifically acceptable definition, and discuss why other definitions lack. A solid definition of human life would have legal implications in the form of the current abortion arguments. My goal in this writing is to use only terms and arguments that are acceptable Constitutional measures with which to legislate. As such, no religious, emotional, or linguistic arguments will be presented. For example, one side says “when a woman is pregnant, we ask about her baby, thus indicating a common understanding of individuality.” The other may use a similar argument, “we call it a fetus or other terms at various stages of development, thus recognizing that it is different from a baby newly born to a mother.” These are both linguistic arguments and, while they have use in shaping a person’s views on the subject, are completely irrelevant to providing a Constitutional basis with which to legislate.
That said, the most reasonable place to define the beginning of human life is conception. This is the point where there is some change between “sperm and egg” and something else. We must ask the question, what has changed? The answer is that cells that are genetically identical to their parent body, i.e. the man and woman from which they came, have merged into a new cell with a new genetic identity. When this happens, a genetic study could trace the origins of the new organism to its parents, but the DNA would be distinct, in essence, it is genetically an “individual.”
This is the point where the current pro-choice argument begins to diverge and not be rigorously correct. By saying that a woman has dominion over her body, the term body must be acceptably defined as well. If she were to, for some inexplicable reason, have the finger of another adult inside of her, I doubt anyone would propose that is “her body.” It is genetically unique and part of someone else’s body. By the same argument, even though a new life is growing inside her, sustained by her, it is genetically unique. It is not part of her body, it is a separate body inside of her own being nourished by her body.
Consider this. If a police forensics team was investigating a crime using DNA evidence, which currently is an acceptable legal standard of human identity, and they tried to match a “sample” of the mother to the thing growing inside her, they would not match. In a court of law, there is no evidence to convict one based on the genetics of the other. They are not the same person, not the same body, under current legal definitions. Since DNA testing is newer than the major court decision on the issue, it is certainly an issue that should be revisited with the new legal and scientific understanding.
With a lack of agreement that the very thing she would be initiating force against in an abortion is part of her own body, the blanket statement that she has dominion of her body no longer applies to the discussion. With the additional scientific truth that the thing is genetically individual, the principle of one individual not initiating force against another individual begins to apply.
Some counters to this argument that I have heard recently include that it is religiously based. This discussion has steered clear of every aspect of religion, but will certainly still draw that criticism. By mathematical definition, that is an illogical argument. Consider this proof in support:
p + q (implies) s
r (implies) s
s (implies) T
t is an element of T
p is humanity
q is individuality
r is religion saying a person is a person at conception
s is the libertarian principle “one individual [human] not initiating violence on another individual [human]”
T is the set of government laws protecting individuals
t is government enforcement of anti-abortion (because abortion is force)
What this proof says is that if something can be shown to fit into the category of one human individual not initiating violence on another human individual, then the government should legislate it to protect the individual who is victim. The “r (implies) s” statement is the religious argument saying that a person becomes such at conception. This method of establishment is not acceptable to government legislation due to the separation of church and state. However, s can be established by other means, namely scientific definition of human (p) and individual (q). Therefore, if something is established to be both human and individual, it follows that it should be protected by government regulation. This proof shows that although a religious argument may establish a certain principle, it cannot be legislated unless it is arrived at secularly.
By scientific definition of the DNA, chromosomes, and genetics that make up a new cell at conception, it fits the definitions of human and individual. From the above proof to include the fact that abortion is a type of force, it logically follows that abortion should be illegal in the United States, no religion involved or necessary. I have not encountered other serious counters to this argument, but if I do I will address them in the comments or a further post.
I have, however, heard other proposals for the definition of the beginning of individual human life. I will address these as well. The worst proposed definition of both life and abortion-legality is the idea of “viability.” There are many definitions of the term, one of which is “abortion”-based, saying that it is a point where a child can survive outside the womb. First, the wider meaning of the word is when something can survive independently. Even outside the womb, a child requires years of care before it can venture into the world to survive independently. The term used in the abortion-sense is then contradictory to the term as more generally applied. I will address this whole issue that arises of how long a parent should care for a child at a later time. The other reason this argument falls flat is that it is completely based on technology. Years ago the point of viability would have been much different than it is today. We can presume it will be much different in 200 years as well. By tying the definition of human life to technology a person admits that they are not defining the life itself, merely a current state of technological capability. This makes for a poor definition.
Another suggestion is that life be defined to begin at birth. This is also a poor definition as it brings up questions of C-sections, partial births, umbilical cord attachment, and others. If birth is the line, what makes a baby born one month premature different from a part of a woman’s body that will be born tomorrow? The latter would be defined as not a human life although it is more fully developed and bears more characteristics of human life than the former that is being afforded protection of the law. The happenstance casing that surrounds that baby once again does not take into account the organism itself in the definition.
Finally, I have heard suggestions such as when there is a heartbeat or when there is a determinable sex to define human individuality. While these approach a better definition of life since they use the life itself, they still are not as good as the genetically individual definition. The reason is that the genetic code is the final authority on life, since all aspect of life are recorded in that genome. When blood is to be matched to a person in a murder case, DNA is the method. When animals are checked for similar ancestry, the answer is in their genes. In all questions of life, genetics has been the scientifically and legally accepted final answer. By extension of this principle, human individuality begins at conception, implying protection of the law and government criminalization of abortion.