2 ms·
Is it the right question? It seems like almost all laws have abortion law and murder laws meeting at the point where the embryo or fetus reaches the point where
by belorn 8y ago
Is it the right question? It seems like almost all laws have abortion law and murder laws meeting at the point where the embryo or fetus reaches the point where it can survive outside the uterus. The legal test used is commonly a viability test, and current medical technology sets that to week 22. Abortion is thus usually not allowed after week 21. A murder is thus any intentional death after the date where abortion is no longer legal.
It does however get a bit complex at times. Here in Sweden there has been some discussion what to do with delays in abortion caused by the hospital. The result of the discussion was to determine viability based on the initial date that the decision to have an abortion was registered. The argument is that the treatment women go through to have an abortion makes the embryo/fetus less viable, thus making it still legal to have an abortion in those cases beyond week 22.
From a philosophical perspective I see the viability test as being a unfulfilling answer to both side of the political space, but it seems like the best approach from a practical perspective.
- AlexTWithBeard 8y agoShould make a great horror comedy plot: "Dear sir, the abortion requested by your mother twenty years ago has finally been granted. In order to proceed please present yourself to the hospital at... If you do not appear within two weeks you may be found guilty in female reproductive rights infringement..."
- teddyh 8y agoAlready done in 1974, more or less: https://en.wikipedia.org/wiki/The_Pre-persons https://en.wikipedia.org/wiki/The_Pre-persons
- pjc50 8y agoThe problem is that "liveness" is one thing but "viability" is a statement about the future. The case that ultimately tipped Ireland over the edge was https://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar https://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar , in which the hospital deemed themselves unable to treat her septic miscarriage because the fetal heartbeat was still present - despite it being impossible for a viable delivery or c-section to be carried out. This resulted in the death of mother as well as the fetus.