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Realizing that many popular arguments for abortion rights
such as some of the ones found in the first two installments in this series have little logical merit, many philosophers, ethicists, and
theologians have presented more sophisticated arguments for abortion rights. These radical
and moderate pro-choice thinkers agree with pro-life advocates that the abortion debate
rests on the moral status of the unborn: if the unborn are fully human, then nearly every
abortion performed is tantamount to murder. They argue, however, that although the unborn
entity is human, insofar as belonging to the species homosapiens, it is not a person and
hence not fully human.
Those who argue in this fashion defend either a decisive moment or gradualist approach to
the status of the unborn. Those who defend a decisive moment view argue that,
although human life does begin at the moment of conception, it is at some later stage in
the unborn human's development that it becomes worthy of our protection. It is at this
moment that it becomes a person.
Other philosophers take a gradualist position and argue that the unborn human
gradually gains more rights as it develops. Hence, a zygote has less rights than a
6-month-old fetus, but this fetus has less rights than an adult woman.
In order to understand decisive moment and gradualist theories, it is important that we
carefully go over the biological facts of fetal development. In this third installment of
my four-part series I will cover the facts of fetal development and some decisive moment
theories. In Part Four I will critique some more decisive moment theories and the
gradualist view, concluding with responses to common questions asked about the pro-life
view that full humanness begins at conception.
LIFE BEGINNING AT CONCEPTION AND THE FACTS OF PRE-NATAL DEVELOPMENT1
While going over the facts of prenatal development I will present the case for the
pro-life view that full humanness begins at conception. I will deal with objections to
this view when I critique the decisive moment and gradualist views in both this article
and the final part of this series.
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First Month
Pregnancy begins at conception, the time at which the male sperm and the female
ovum unite. What results is called a zygote, a one-celled biological entity, a
stage in human development through which each of us has passed (just as we have passed
through infancy, childhood, and adolescence). It is a misnomer to refer to this entity as
a "fertilized ovum." For both ovum and sperm, which are genetically each a part
of its owner (mother and father, respectively), cease to exist at the moment of
conception. There is no doubt that the zygote is biologically alive. It fulfills
the four criteria needed to establish biological life: (1) metabolism, (2) growth, (3)
reaction to stimuli, and (4) reproduction. (There is cell reproduction and twinning,
a form of asexual reproduction, which can occur after conception. For more on twinning, see
below.) But is this life fully human? I believe that the facts clearly reveal that
it is.
First, the human conceptus that which results from
conception and begins as a zygote is the sexual
product of human parents. Hence, insofar as having human causes, the conceptus is
human.
Second, not only is the conceptus human insofar as being caused by humans, it is a unique
human individual, just as each of us is. Resulting from the union of the female ovum
(which contains 23 chromosomes) and the male sperm (which contains 23 chromosomes), the
conceptus is a new although tiny
individual. It has its own unique genetic code (with forty-six chromosomes), which
is neither the mother's nor the father's. From this point until death, no new genetic
information is needed to make the unborn entity a unique individual human. Her (or
his) genetic make-up is established at conception, determining her unique individual
physical characteristics gender, eye color, bone
structure, hair color, skin color, susceptibility to certain diseases, etc. That is to
say, at conception, the "genotype" the
inherited characteristics of a unique human being is
established and will remain in force for the entire life of this individual. Although
sharing the same nature with all human beings, the unborn individual, like each one of us,
is unlike any that has been conceived before and unlike any that will ever be conceived
again. The only thing necessary for the growth and development of this human organism (as
with the rest of us) is oxygen, food, and water, since this organism
like the newborn, the infant, and the adolescent needs
only to develop in accordance with her already-designed nature that is present at
conception.
This is why French geneticist Jermoe L. LeJeune, while testifying before a Senate
Subcommittee, asserted: "To accept the fact that after fertilization has taken place
a new human has come into being is no longer a matter of taste or opinion. The human
nature of the human being from conception to old age is not a metaphysical contention, it
is plain experimental evidence."2
There is hence no doubt that the development of a unique individual human life begins at
conception. It is vital that you the reader understand that you did not come from a zygote, you once
were a zygote; you did not come from an embryo, you once were an embryo;
you did not come from a fetus, you once were a fetus; you did not come
from an adolescent, you once were an adolescent. Consequently, each one of us
has experienced these various developmental stages of life. None of these stages, however,
imparted to us our humanity.
Within one week after conception, implantation occurs
the time at which the conceptus "nests" or implants in her mother's uterus.
During this time, and possibly up to fourteen days after conception,3 a
splitting of the conceptus may occur resulting in the creation of identical twins. In some
instances the two concepti may recombine and become one conceptus. (I will respond below
to the argument that the possibility of the conceptus twinning and the subsequent concepti
recombining refutes the pro-life claim that full humanness begins at conception.) At about
three weeks, a primitive heart muscle begins to pulsate. Other organs begin to develop
during the first month, such as a liver, primitive kidneys, a digestive tract, and a
simple umbilical cord. This developing body has a head and a developing face with
primitive ears, mouth, and eyes, despite the fact that it is no larger than half the size
of a pea. Toward the end of the first month (between 26 and 28 days) the arms and legs
begin to appear as tiny buds. A whole embryo is formed by the end of the first month.
From the eighteenth day after conception, substantial development of the brain and nervous
system occurs.
This is necessary because the nervous system integrates the action of all the other
systems. By the end of the twentieth day the foundation of the child's brain, spinal cord,
and entire nervous system will have been established. By the sixth week, this system will
have developed so well that it is controlling movements of the baby's muscles, even though
the woman may not be aware she is pregnant. At thirty days the primary brain is seen. By
the thirty-third day the cerebral cortex, the part of the central nervous system which
governs motor activity as well as intellect, may be seen.4
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Second Month
Despite its small size, the unborn child by the beginning of the second month looks
distinctly "human" (although as this article
maintains it is human from conception). At this
point it is highly likely that the mother does not even know she is pregnant. Brain waves
can be detected in the unborn at about forty to forty-three days after conception. During
the second month, the eyes, ears, nose, toes, and fingers make their appearance; the
skeleton develops; the heart beats; and the blood with
its own type flows. The unborn at this time has reflexes
and her lips become sensitive to touch. By the eighth week her own unique fingerprints
start to form, along with the lines in her hands.
A vast majority of abortions are performed during this time, despite the scientific facts
which clearly show that an individual human life is developing, as it would after birth,
from infant to child to adolescent to adult.
In an important article, Professor John T. Noonan argues that it is reasonable to infer
that toward the end of the second month of pregnancy the unborn has the ability to feel
pain.5 It is crucial to remember that the end of the second month (7 to 8 1/2
weeks) is in the first trimester, a time at which a great majority of abortions are
performed and at which the Supreme Court said a state may not prohibit abortions performed
by a licensed practitioner. From the facts of brain and nerve development, the pained
expressions on the faces of aborted fetuses, the known ability to experience other
sensations at this time, and the current methods by which abortions are performed, Noonan
concludes from his research that as soon as a pain mechanism is present in the fetus possibly as early as day 56
the methods used will cause pain. The pain is more substantial and lasts longer the later
the abortion is. It is most severe and lasts the longest when the method is saline
poisoning.
"Whatever the method used, the unborn are experiencing the greatest
of bodily evils, the ending of their lives. They are undergoing the death
agony. However inarticulate, however slight their cognitive powers, however
rudimentary their sensations, they are sentient creatures undergoing the
disintegration of their being and the termination of their vital capabilities.
That experience is painful in itself." 6
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Third Month
Movement is what characterizes the third month of pregnancy. Although she weighs only
one ounce and is comparable in size to a goose egg, the unborn begins to swallow, squint,
and swim, grasp with her hands, and move her tongue. She also sucks her thumb. Her organs
undergo further development. The salivary glands, taste buds, and stomach digestive glands
develop as evidenced by her swallowing and utilization of
the amniotic fluid. She also begins to urinate. Depending on the unborn's sex, primitive
sperm or eggs form. Parental resemblance may already be seen in the unborn's facial
expressions.
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Fourth and Fifth Months
Growth is characteristic of the fourth month. The weight of the unborn increases six
times to about one-half her birth weight. Her height is
between eight and ten inches long and she can hear her mother's voice.
In the fifth month of pregnancy the unborn becomes viable. That is, she now has the
ability, under our current technological knowledge, to live outside her mother's womb.
Some babies have survived as early as twenty weeks. The fifth month is also the time at
which the mother begins to feel the unborn's movements, although mothers have been known
to feel stirrings earlier. This first movement was traditionally called quickening,
the time at which some ancient, medieval, and common-law scholars thought the soul entered
the body. Not having access to the biological facts we currently possess, they reasoned
that prior to quickening it could not be proven that the unborn was "alive."
Current biology, by conclusively demonstrating that a biologically living human
individual is present from conception, has decisively refuted this notion of
"quickening," just as current astronomy has refuted the geocentric solar system.
During the fifth month, the unborn's hair, skin, and nails develop. She can dream (rapid
eye movement [REM] sleep) and cry (if air is present). It is, however, perfectly legal
under Roe v. Wade and Doe v. Bolton to kill this unborn human being by
abortion for any reason her mother so chooses.
In the remaining four months of pregnancy the unborn continues to develop. The child's
chances of survival outside the womb increase as she draws closer to her expected
birthday. During this time she responds to sounds, her mother's voice, pain, and the taste
of substances placed in the amniotic fluid. Some studies have shown that the child can
actually learn before it is born.7 The child is born approximately 40 weeks
after conception.
In summary, the pro-life advocate believes that full humanness begins at conception for at
least four reasons, which were evident in the above presentation of fetal development: (1)
At the moment of conception a separate unique human individual, with its own genetic code,
comes into existence needing only food, water, shelter,
and oxygen in order to grow and develop. (2) Like the infant, the child, and the
adolescent, the conceptus is a being who is in the process of becoming. She is not a
becoming who is striving toward being. She is not a potential human life but a human life
with great potential. (3) The conceptus is the sexual product of human parents, and
whatever is the sexual product of members of a particular mammalian species, is itself a
unique individual member of that species. And (4) the same being that begins as a zygote
continues to birth and adulthood. There is no decisive break in the continuous development
of the human entity from conception until death that would make this entity a different
individual before birth. This is why it makes perfect sense for any one of us to say,
"When I was conceived..."
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DECISIVE MOMENT THEORIES: A CRITIQUE
Throughout the history of the abortion controversy, many have put forth criteria by
which to judge whether a human organism has reached the point in its development at which
it is fully human. Some criteria are based on so-called "decisive" moments in
fetal development. Others are based on certain conditions any entity
born or unborn must fulfill in order to be considered
"fully human." And others argue that there is no "decisive" moment but
that the unborn's rights increase as its body develops. I believe that all these views are
flawed. I will argue that the pro-life view that full humanness begins at conception is
the most coherent and is more consistent with our basic moral intuitions. In order to
defend this position adequately, I will both in this
article and in the final installment of this series
critique a number of decisive moment and gradualist theories, whose defenses contain many
objections to the pro-life view.
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Agnostic Approach: "No One Knows When Life Begins"
It is often claimed by abortion-rights advocates that "no one knows when life
begins." Right away it must be observed that this formulation is imprecise. For no
one who knows anything about prenatal development seriously doubts that individual
biological human life is present from conception (see above). What the
abortion-rights advocates probably mean when they say that "no one knows when life
begins" is that no one knows when full humanness is attained in the process of
human development by the individual in the womb. Thus, from a legal perspective they are
arguing: since no one knows when full humanness is attained, abortion should remain legal.
I believe, however, that there are at least four problems with this argument.
(1) It is a two-edged sword. If no one knows when full humanness is attained, then we
cannot prevent a Satan-worshipping neighbor, who believes that full humanness begins at
the age of two, from sacrificing his one-and-a-half-year-old son to the unholy one. After
all, who knows when life begins?
(2) If it is true that we don't know when full humanness begins, this is an excellent
reason not to kill the unborn, since we may be killing a human entity who
has a full right to life. If game hunters shot at rustling bushes with this same
philosophical mind-set, the National Rifle Association's membership would become severely
depleted. Ignorance of a being's status is certainly not justification for killing it.
(3) As the above biological facts of prenatal development indicate, we have excellent
reason to believe that full humanness is present from the moment of conception, and that
the nature of prenatal and postuterine existence is merely the unfolding of human growth
and development which does not cease until death. In other words, the unborn like the rest of us are not potential
human beings, but human beings with much potential.
(4) By permitting abortion for virtually any reason during the entire nine months of
pregnancy, abortion-rights advocates have decided, for all practical purposes, when
full humanness is attained. They have decided that this moment occurs at birth,
although some of them such as Peter Singer and Michael
Tooley also advocate infanticide.8 The very
abortion-rights advocates who claim that "no one knows when life begins" often act
as if protectable human life begins at birth. Since actions speak louder than words,
these "pro-choicers" are not telling the truth when they claim they "don't
know when life begins."
Some abortion-rights literature, which I am certain is quite embarrassing to the more
sophisticated proponents of this cause, claims that "personhood at conception is a
religious belief, not a provable biological fact."9 What could possibly be
meant by this assertion? Is it claiming that religious claims are in principle unprovable
scientifically? If it is, it is incorrect for many
religions, such as Christianity and Islam, believe that the physical world literally
exists, which is a major assumption of contemporary science. On the other hand, some
religions, such as Christian Science and certain forms of Hinduism,10 deny the
literal existence of the physical world.
But maybe this "pro-choice" assertion is simply claiming that biology can tell
us nothing about values. If this is what is meant, it is right in one sense and wrong in
another. It is right if it means that the physical facts of science, without any moral
reflection on our part, cannot tell us what is right and wrong. But it is wrong if it
means that the physical facts of science cannot tell us to whom we should apply the
values of which we are already aware. For example, if I don't know whether the object I am
driving toward in my car is a living woman, a female corpse, or a mannequin, biology is
extremely important in helping me to avoid committing an act of homicide. Running over
mannequins and corpses is not homicide, but running over a living woman is.
Maybe the "pro-choice" assertion is saying that when human life should be valued
is a philosophical belief that cannot be proven scientifically. Maybe so, but this
cuts both ways. For isn't the belief that a woman has abortion rights a philosophical
belief that cannot be proven scientifically and over which people obviously disagree? But
if the pro-life position cannot be enacted into law because it is philosophical (or
religious), then neither can the abortion-rights position. Now the abortion-rights
advocate may respond to this by saying that this fact alone is a good reason to leave it
up to each individual woman to choose whether she should have an abortion. But this
response begs the question, for this is precisely the abortion-rights position.
Furthermore, the pro-lifer could reply to this abortion-rights response by employing the
pro-choicer's own logic. The pro-lifer could argue that since the abortion-rights position
is a philosophical position over which many people disagree, we should permit each
individual unborn human being to be born and make up his or her own mind as to whether he
or she should or should not die. In sum, it seems that the appeal to ignorance is
seriously flawed.
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Implantation
There are some pro-life advocates, such as Dr. Bernard Nathanson,11 who
argue that full humanness begins when the conceptus is implanted in its mother's womb,
which occurs within one week after conception. There are four basic arguments for this
position to which I will respond.
(1) Nathanson argues that at the moment of implantation the unborn "establishes its
presence to the rest of us by transmitting its own signals
by producing hormones approximately one week after
fertilization and as soon as it burrows into the alien uterine wall." For Nathanson
implantation is significant because prior to this time the unborn "has the genetic
structure but is incomplete, lacking the essential element that produces life: an
interface with the human community and communication of the fact that it is there."12
So, for Nathanson the unborn's hormonal communication to its mother is essential for
humanness.
I believe that this argument is flawed for at least two important reasons. First, how is
it possible that one's essence is dependent on whether others are aware of one's
existence? It seems intuitively correct to say that it is not essential to your
being whether or not anyone knows you exist, for you are who you are
regardless of whether others are aware of your existence. One interacts with a human
being, one does not make a being human by interacting with it. In philosophical terms,
Nathanson is confusing epistemology (the study of how we know things) with ontology
(the study of being or existence).
A second objection, which supports my first objection, is mentioned by Nathanson himself.
He writes, "If implantation is biologically the decisive point for alpha's [the
unborn's] existence, what do we do about the 'test-tube' conceptions? The zygote in these
cases is seen in its culture dish and could be said to announce its existence even before
it is implanted." Nathanson responds to these questions by asserting, "It seems
to me that when it is in the dish the zygote is already implanted, philosophically and
biochemically, and has established the nexus with the human community, before it is
're'-implanted into the mother's womb."13 This response, however, does not
support Nathanson's position, for he is admitting that there is no real essential
difference between the implanted and the nonimplanted zygote, just an accidental
difference (the former's existence is known while the latter's is not). Hence, just as
there is no essential difference between a Donald Trump who is an unknown hermit
and a Donald Trump who is an entrepreneur and billionaire (there are only accidental
differences between the two Trumps), there is no essential difference between an unknown
conceptus and a known conceptus. In sum, it seems counterintuitive to assert that one's
essence is dependent on another's knowledge of one's existence.
(2) There is a second argument for implantation as the decisive moment: If we say that
full humanness begins at conception, we must respond to the observation that "some
entities that stem from the union of sperm and egg are not 'human beings' and never will
develop into them," and that there may be some human beings who come into being
without the union of sperm and egg.14 Concerning the former, Nathanson gives
examples of nonhuman entities that result from the sperm-egg union: the hydatidiform mole
("an entity which is usually just a degenerated placenta and typically has a random
number of chromosomes"), the choriocarcinoma ("a 'conception-cancer' resulting
from the sperm-egg union is one of gynecology's most malignant tumors"), and the
blighted ovum ("a conception with the forty-six chromosomes but which is only a
placenta, lacks an embryonic plate, and is always aborted naturally after
implantation"). Concerning the latter, a clone is an example of a human entity that
may come into being without benefit of a sperm-egg union.15
The problem with Nathanson's argument is that he confuses necessary and sufficient
conditions. One who holds that full humanness begins at conception is not arguing that
everything which results from the sperm-egg union is necessarily a conception. That is,
every conception of a unique individual human entity is the result of a sperm-egg union,
but not every sperm-egg union results in such a conception. Hence, the sperm-egg union is
a necessary condition for conception, but not a sufficient condition.
Furthermore, Nathanson is correct in asserting that it is possible that some day there may
be human beings, such as clones, who come into existence without benefit of conception.16
But this would only mean that conception is not a necessary condition for full
humanness, just as the sperm-egg union is not a sufficient condition for
conception. In sum, Nathanson's argument from both nonhuman products of sperm-egg unions
and the possibility of clones is inadequate in overturning the pro-life position that full
humanness begins at conception.
(3) It is estimated that twenty to fifty percent of all conceptions die before birth.
Thirty percent, it is estimated, die before implantation.17 Some people argue
that these facts make it difficult to believe that the unborn are fully human in at least
the very earliest stage of their development prior to implantation. But this is clearly an
invalid argument, for it does not logically follow from the number of unborn
entities who die that these entities are not by nature fully human. To cite an
example, it does not follow from the fact that underdeveloped countries have a high infant
mortality rate that their babies are less human than those born in countries with a low
infant mortality rate.
Suppose the pro-choice advocate responds to this by arguing that if every fertilized ovum
is human, then we are obligated to save all spontaneous abortions as well. But if we did,
it would lead to overpopulation, death by medical neglect, and starvation. The problem
with this response is that it confuses our obvious prima facie moral obligation not
to commit homicide (that is, to perform an abortion) with the questionable moral
obligation to interfere with natural death (that is, to permit the conceptus to abort
spontaneously). "Protecting life is a moral obligation, but resisting natural death
is not necessarily a moral duty...There is no inconsistency between preserving natural
life, opposing artificial abortion and allowing natural death by spontaneous
abortion."18
Admittedly, the question of interference in spontaneous abortions provokes the pro-life
ethicist to think more deeply and sensitively about his or her position and to make
distinctions and nuances that may not be pleasing to all who call themselves pro-life. But
just as the difficult question of whether to pull the plug on the irreversibly comatose
who are machine-dependent does not count against the position that murdering healthy
adults is morally wrong, the question of how we should ethically respond to spontaneous
abortions does not count against the pro-life ethic which says that we should not directly
kill the healthy and normally developing unborn.
(4) Some people argue that since both twinning (the division of a single
conceptus) and
recombination (the reuniting of two concepti) occur prior to implantation, individual
human life does not begin until that time. However, a careful examination of the nature of
twinning and recombination reveals that there is no reason to suppose that the original
pre-twinned conceptus or any pre-recombined conceptus was not fully human.
First, scientists are not agreed on many aspects of twinning. Some claim that twinning may
be a nonsexual form of parthenogenesis or "parenting." This occurs in some
animals and plants. Others claim that when twinning occurs, an existing human being dies
and gives life to two new and identical human beings like himself or herself. Still others
claim that since not all human concepti have the capacity to twin, one could argue that
there exists in some concepti a basic duality prior to the split. Hence, it may be claimed
that at least in some incipient form two individual lives were present from the start at
conception. In any event, the fact of twinning does not seem to be a sufficient reason to
give up the belief that full humanness begins at conception.19
Second, every conceptus, whether before twinning or recombination, is still a genetically
unique individual who is distinct from his or her parents. In other words, if identical
twins result from a conceptus split or one individual results from two concepti that
recombine, it does not logically follow that any of the concepti prior to twinning or
recombining were not human.20 To help us understand this point, philosopher
Robert Wennberg provides the following story:
Imagine that we lived in a world in which a certain small percentage of teenagers
replicated themselves by some mysterious natural means, splitting in two upon reaching
their sixteenth birthday. We would not in the least be inclined to conclude that no human
being could therefore be considered a person prior to becoming sixteen years of age; nor
would we conclude that life could be taken with greater impunity prior to replication than
afterward. The real oddity to press the parallel would be two teenagers becoming one. However, in all of this we
still would not judge the individual's claim to life to be undermined in any way. We might
puzzle over questions of personal identity... but we would not allow these strange
replications and fusions to influence our thinking about an individual's right to life.
Nor therefore does it seem that such considerations are relevant in determining the point
at which an individual might assume a right to life in utero.21
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The Appearance of "Humanness"
Some argue that the unborn becomes fully human at the time at which it begins to take
on the appearance of a child. Professor Ernest Van Den Haag22 is sympathetic to
this criterion, though he combines it with the criterion of sentience which I will deal
with below. He writes that when the unborn acquires a functioning brain and neural system
soon after the first trimester (though brain waves can be detected at 40 to 42 days after
conception, which Van Den Haag does not mention), it "starts to resemble an
embryonic human being." After this point "abortion seems justifiable only by the
gravest of reasons, such as the danger to the mother; for what is being aborted undeniably
resembles a human being to an uncomfortable degree."23
There are several problems with this argument. First, though appearance can be helpful in
determining what is or is not fully human, it is not a sufficient or a necessary condition
for doing so. After all, mannequins in stores resemble humans and they are not even
remotely human. On the other hand, some human oddities
such as the bearded lady or the elephant man, who more closely resemble nonhuman primates are nonetheless fully human. The reason why we believe that the
bearded lady and the elephant man are fully human and the mannequin is not is because the
former are functioning individual organisms that genetically belong to the species homo
sapiens. The latter is an inanimate object.
Second, Davis points out that "this objection assumes that personhood presupposes a
postnatal form. A little reflection, however, will show that the concept of a 'human form'
is a dynamic and not a static one. Each of us, during normal growth and development,
exhibits a long succession of different outward forms." An early embryo, though not
looking like a newborn, does look exactly like a human ought to look at this stage of his
or her development. Thus, "the appearance of an 80-year-old adult differs greatly
from that of a newborn child, and yet we speak without hesitation of both as persons. In
both cases, we have learned to recognize the physical appearances associated with those
development stages as normal expressions of human personhood."24
It may be true that it is psychologically easier to kill something that does not resemble
the human beings we see in everyday life, but it does not follow from this that the being
in question is any less human or that the executioner is any more humane. Once we
recognize that human development is a process that does not cease at the time of birth,
then "to insist that the unborn at six weeks look like the newborn infant is no more
reasonable than to expect the newborn to look like a teenager. If we acknowledge as
'human' a succession of outward forms after birth, there is no reason not to extend that
courtesy to the unborn, since human life is a continuum from conception to natural
death."25 Hence, Van Den Haag, by confusing appearance with reality, may
have inadvertently created a new prejudice, "natalism." And, like other
prejudices such as sexism and racism, natalism emphasizes nonessential differences
("they have a different appearance") in order to support a favored group
("the already born").
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Human Sentiment
Some pro-choice people argue that since parents do not grieve at the death of an embryo
or fetus as they would at the death of an infant, the unborn are not fully human.
As a standard for moral action, this criterion rests on a very unstable foundation. As
Noonan has observed, "Feeling is notoriously an unsure guide to the humanity of
others. Many groups of humans have had difficulty in feeling that persons of another
tongue, color, religion, sex, are as human as they."26 One usually feels a
greater sense of loss at the sudden death of a healthy parent than one feels for the
hundreds who die daily of starvation in underdeveloped countries. Does this mean that the
latter are less human than one's parent? Certainly not. Noonan points out that "apart
from reactions to alien groups, we mourn the loss of a ten-year-old boy more than the loss
of his one-day-old brother or his 90-year-old grandfather." The reason for this is
that "the difference felt and the grief expressed vary with the potentialities
extinguished, or the experience wiped out; they do not seem to point to any substantial
difference in the humanity of baby, boy, or grandfather."27
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Quickening
Quickening has traditionally referred to the first movement of the unborn felt
by her mother. It was at this time in fetal development that some ancient, medieval and
common-law scholars thought it could be proved that the unborn was "alive" or
that the soul had entered her body. Not having access to the biological facts we currently
possess, they reasoned that prior to quickening it could not be proved that the unborn
entity was "alive" or fully human. Current biology, which has conclusively
demonstrated that a biologically living human individual is present from
conception, has decisively refuted this notion of "quickening," just as current
astronomy has refuted the geocentric solar system.
Now, does this mean that our ancestors were not pro-life? Not at all. Legal scholar and
theologian John Warwick Montgomery notes that when our ancient, medieval, and common-law
forefathers talked about quickening as the beginning of life, "they were just
identifying the first evidence of life they could conclusively detect...They were saying
that as soon as you had life, there must be protection. Now we know that life starts at
the moment of conception with nothing superadded."28 Hence, to be
consistent with contemporary science, legal protection must be extended to the unborn
entity from the moment of conception.
Furthermore, we now know that the ability to feel the unborn's movement is contingent upon
the amount of the mother's body fat. It seems silly to say that one's preborn humanness is
contingent upon whether one is fortunate to have been conceived in a body that frequents
aerobics classes.
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Birth
Some people argue that birth is the time the human entity becomes fully human. They
usually hold this position for two reasons: (1) our society calculates the beginning of
one's existence from one's day of birth; and (2) it is only after birth that a child is
named, baptized, and accepted into a family.
This argument is subject to several criticisms. First, that our society counts one's
beginning from one's birthday and that people name and baptize children after their births
are simply social conventions. One is not less human if one is abandoned, unnamed,
and not baptized. Some cultures, such as the Chinese, count one's beginning from the
moment of conception. Does that mean that the American unborn are not fully human while
the Chinese unborn are? Second, there is no essential difference between an unborn
entity and a newborn baby, just a difference in location. As Wennberg writes, "surely
personhood and the right to life is not a matter of location. It should be what you
are, not where you are that determines whether you have a right to life."29
In fact, abortion-rights philosophers Peter Singer and Helga Kuhse write, "The
pro-life groups are right about one thing: the location of the baby inside or outside the
womb cannot make such a crucial moral difference. We cannot coherently hold that it is all
right to kill a fetus a week before birth, but as soon as the baby is born everything must
be done to keep it alive."30 Third, as Wennberg points out, a newborn
chimpanzee can be treated like a human newborn (i.e., named, baptized, accepted into a
family), but this does not mean that it is fully human.31
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NOTES
1 The facts in this section are taken from the following: F. Beck, D. B.
Moffat, and D. P. Davies, Human Embryology, 2d ed. (Oxford: Basil Blackwell, 1985);
Keith L. Moore, The Developing Human: Clinically Oriented Embryology, 2d ed.
(Philadelphia: W. B. Saunders, 1977); Andre E. Hellegers, "Fetal Development,"
in Biomedical Ethics, ed. Thomas A. Mappes and Jane S. Zembaty (New York:
Macmillan, 1981), 405-9; and Stephen M. Krason, Abortion: Politics, Morality, and the
Constitution (Lanham, MD: University Press of America, 1984), 337-49.
2 Subcommittee on Separation of Powers, report to Senate Judiciary Committee
S-158, 97th Congress, 1st Session, 1981, as quoted in Norman L. Geisler, Christian
Ethics: Options and Issues (Grand Rapids: Baker, 1989), 149.
3 James J. Diamond, M.D., "Abortion, Animation and Biological
Hominization," Theological Studies 36 (June 1975): 305-42.
4 Krason, 341.
5 John T. Noonan, "The Experience of Pain by the Unborn," in The
Zero People, ed. Jeff Lane Hensley (Ann Arbor, MI: Servant, 1983), 141-56.
6 Ibid., 151-52.
7 See Mortimer Rosen, "The Secret Brain: Learning Before
Birth," Harper's, April 1978, 46-47.
8 See Michael Tooley, Abortion and Infanticide (Oxford: Clarendon
Press, 1983); and Peter Singer and Helga Kuhse, "On Letting Handicapped Infants
Die," in The Right Thing to Do, ed. James Rachels (New York: Random House,
1989).
9 This is from a pamphlet distributed by the National Abortion Rights Action
League, Choice Legal Abortion: Abortion Pro
& Con, prepared by Polly Rothstein and Marian Williams (White Plains, NY:
Westchester Coalition for Legal Abortion, 1983), n.p.
10 On Christian Science, see Walter R. Martin, Kingdom of the Cults,
2d rev. ed. (Minneapolis: Bethany House, 1977), 111-46. On the Hindu denial of the
physical world, see Elliot Miller, A Crash Course on the New Age Movement
(Grand Rapids: Baker, 1989), 16-18, 22.
11 Bernard Nathanson, M.D., Aborting America (New York: Doubleday,
1979), 213-17.
12 Ibid., 216.
13 Ibid., 217.
14 Ibid., 214.
15 Ibid.
16 For a summary of the philosophical and scientific problems surrounding human
cloning, see Andrew Varga, The Main Issues in Bioethics, 2d. ed. (New York:
Paulist Press, 1984), 119-26.
17 As cited in John Jefferson Davis, Abortion and the Christian
(Phillipsburg, NJ: Presbyterian and Reformed, 1984), 60. Cf. Thomas W.
Hilgers, M.D.,
"Human Reproduction," Theological Studies 38 (1977):136-52.
18 Geisler, Christian Ethics, 153.
19 See Varga, 64-65.
20 Ibid., 65.
21 Robert Wennberg, Life in the Balance: Exploring the Abortion Controversy
(Grand Rapids: William B. Eerdmans Publishing Co., 1985), 71.
22 Ernest Van Den Haag, "Is There a Middle Ground?", National
Review, 12 December 1989, 29-31.
23 Ibid., 30.
24 Davis, 58.
25 Ibid., 59.
26 John T. Noonan, "An Almost Absolute Value in History," in The
Morality of Abortion, ed. and intro. John T. Noonan (Cambridge, MA: Harvard University
Press, 1970), 53.
27 Ibid.
28 John Warwick Montgomery, Slaughter of the Innocents (Westchester, IL:
Crossway, 1981), 37. For more on quickening, see ibid., 103-19; and David W.
Louisell and John T. Noonan, "Constitutional Balance," in The Morality of
Abortion, 223-26.
29 Wennberg, Life in the Balance, 77.
30 Singer and Kuhse, 146.
31 Wennberg, 77-78.
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