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Abortion In America

Last edited October, 2003, Last reviewed September 2007

It is doubtful there is an issue in America more divisive or with more fervent, emotional support on either side as abortion.  In one sense, perhaps it is admirable that human life is treasured enough by our citizens as to fuel this sort of ruckus.  In another sense, though, it is tragic and dangerous for our future that blind emotion can so overwhelm the light of reason in the minds of so many of our citizens. Especially to the point that some place more value on the unborn than on the living among us. Abortion is an issue that must be divorced from passions and viewed in a logical manner.  It is a problem at the nexus of science and philosophy, where there is no room for unthinking, reactionary inanity.  There is widespread agreement in America that the arbitrary murder of a fellow human being is wrong on many levels.  One suspects that only a small number of people intent on killing abortion doctors would disagree. Therefore, the moral and legal status of abortion hinges on the definition of "human".  We agree that murder of a human is wrong, so at what point are we human?

The definition of a thing must include all of its parts and features.  Leave something out of the description and you have changed the definition. A four-legged table has a top and four legs. Leave one leg out of the description, and you no longer have a four-legged table. To completely define a human, we could be here a very long time. We can describe humans in terms of DNA, in terms of behavior, in terms of physical appearance, in terms of history, and a thousand other ways. However, the most fundamental basis for being human is obvious: our brain.  No other creature in the set of mammals has a brain that functions to the "higher-order" degree of humans. There are lots of other necessary ingredients in the human definition, to be sure, but none so important as our brain. Leave the higher-order brain functions out of the definition of "human" and you have something else altogether.

It is generally not considered morally or legally wrong to swat a fly dead in its tracks. Working up the food chain, it is not considered "murder" to catch a fish to eat. Even choosing to end the life of your pet cat or dog is generally acceptable in our society, so long as it is done with a minimum of pain for the animal. Arbitrarily taking the life of another human being, on the other hand, is clearly wrong to most of us. Since humans have this higher-order brain function, we possess the freewill to make use of this function, and we use this handy little combination to make our own choices in our own lives. This is the basis of "the pursuit of happiness". The ability to make and to act on choices that ignore instinct, ignore pain, and ignore reflex is a human trait. The ability to make a goal far in the future and to work toward that goal with a disregard for present obstacles such as hunger, or fear, or self-doubt is a human trait. To use logic and reason to overcome and to persevere is a human trait. To even choose our own demise in the name of an idea or principle is a uniquely human trait. In a moral sense, our human existence necessitates that we be able to make our own individual choices for our own lives. In this sense, it is wrong to arbitrarily take the life of another human-- that is their choice to make, not yours. In relation to the nature of being human, it it is immoral to arbitrarily (divorced from such things as self-defense, accidents, etc.) take another human life. So?  Well, in relation to the abortion issue, the definition of "human" is critical.

Some of the most vocal and emotional critics of abortion would have us believe that human life begins at the moment of conception. That is, that a few cells which have the potential to eventually grow into an adult human are, in fact, already a human being. Of course, by that kind of logic, one supposes that every 12 year old boy locked in his room with a Playboy and every 13 year old girl having her first menstrual cycle should be charged with attempted murder. In truth, a cluster of cells in the womb of a potential mother does not come close to meeting the definition of a human. Religious beliefs aside, it cannot be logically argued that these microscopic cells that may or may not divide, grow and develop into an infant human are already human. A four-legged table must have four legs. These cells are simply part of the woman in which they are hosted. And, if they are hosted in a laboratory dish, the people who contracted with the lab own them and they are guided by the decisions made by those individuals.

To arbitrarily kill a newborn child would be wrong in the eyes of probably every American. The boy or girl is a human being with the capacity—not yet fully developed—for higher order thought and the ability to learn and to make choices.  "Capacity" is a key word. A group of cells in a woman's womb does not have the capacity for higher order thought. A newborn infant does. It will take years of development, but the capacity is there in a healthy newborn because the entire human brain is there. The brainstem, the midbrain, the forebrain are all available for deployment by the individual.  In a newborn the essential bit of humanness is ready for work. In a group of cells that essential bit has not yet even begun. In fact, the first inkling of a brain stem does not start until the seventh week of human gestation. This is where the real crux of the issue becomes apparent. Somewhere along the way between conception and a newborn son or daughter, the subject in question became a human. At what point do those cells divide and grow enough to be considered a human being and to be afforded all the natural rights that America confers on its citizens?

Once framed this way by philosophy, it becomes a question for science.  The brainstem, responsible for reflexive behavior, starts at seven weeks of gestation and finishes development at around seven months of gestation.  It responds to external stimulus at around thirty-six to thirty-eight weeks. The midbrain, first forming in the period between six weeks and 17 weeks, is not complete until after birth. It is responsible for fetal eye movement around the thirty-eighth week. Rudimentary cognition, or sentience, is said by some to begin at around the third trimester and by others after birth. Is there general agreement among scientists as to when fetal brain development is strong enough to have the capacity for higher-order thought? There is not. With all the emotional outbursts around the abortion issue, very little mainstream science has been devoted to determining exactly when sentience or the capacity for higher order though truly begins. Yet, we do know it is not at conception and therefore we do know that abortion cannot be equated with murder at that stage of development. There are many reasons to abort.  Some may even be ill-informed, or based on faulty reasoning, bad choices in life, or even bad intent. Having an abortion is an emotional decision for anyone. Even when we understand that we are only "killing" a clump of cells, on an emotional level it reaches deep within our psyche. Nonetheless, if a potential mother knows she cannot provide properly for a child, or that her health is at risk, or that the cells will develop abnormally, or that she cannot bear to raise a child born of a rape, or a thousand other reasons that matter only to her, she has the right to terminate the development of those cells. They are literally a part of her body. Even on an arbitrary basis, that potential mother has the right to end the fetal development until such time as the fetus develops the capacity for higher-order thought and becomes, therefore, a human being. After that point, termination for reasons that are not arbitrary, such as the health of the mother, are still morally correct if emotionally wrenching. What is moral should also be legal.  What is consistent with the American principles contained in our founding documents should be legal in our modern society.

When does an arbitrary abortion become morally wrong, and at what point should it be illegal?  Our current scientific understanding of brain development is not yet complete enough to make the call. Surely the first two trimesters are understood enough so that abortion should be allowed without question. At some point after that the question becomes more difficult for arbitrary termination, though not for termination based on things such as the life of the potential mother or the health of the fetus.  If the potential mother is in danger or if the fetus is clearly brain-dead, for example, then abortion may well be the best and the moral choice.  It would appear, however, that our current legal position on the matter, arrived at largely by a mish-mash of court cases, is not the final answer. Unfortunately, the legal status of abortion is not codified in certainty through a constitutional amendment, but through a tenuous series of legal opinions open for interpretation and debate each passing year. Elections, politicians and judges are assessed by their affect on the issue. Violence against parents who would abort and clinics who would perform the work make America look like a petty third-world state. We need this issue resolved, but we are probably one or two generations away from the tipping point.

Once emotion is divorced from this issue and philosophic and scientific reasoning is applied, abortion becomes a more manageable topic. With that reasoning complete, the final solution becomes political in nature. In America we choose to support the natural rights of man and give all individual human beings the freedom to make their own choices. An American woman is a part of that set of human beings and should, therefore, be allowed to make her own choices for her own body. If her series of choices leads to conception, it should be her decision to allow the completion of that fetal development or not. Until such time as that fetus develops into what we can logically term a complete human being, she should be free to make her choices. Even after the point of a fetus becoming "human" there are reasons to allow the termination of the unborn. The abortion issue is heavy with the basic American principles we hold dear. It is important that we frame the debate in this way if we are to avoid irrational or mystical "pro-lifers" from ripping a hole in the fabric of our society.

*** Copyright 2003, rationalamerican.com ***

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