I think this is where the pro-life and pro-choice camps disagree fundamentally.
Each individual has his or her own moral code. Many people adopt the code of their religion, and many religions have definite ideas about when “life” begins. We’re trying to stay away from religious arguments, but the differences among religions (many fundamentalist Christian flavors would be against abortion in any circumstance, using JTC’s argument above or a corollary to it; Judaism allows for abortion in certain circumstances, although I can’t give you chapter and verse) is one argument against using any religiously-derived definition of “life”.
“Rights” are human constructs, however they are derived. My right to wave my arms around ends at the tip of your nose. My right physically to express my disagreement with you ends at your property line. (I mean, you can’t trespass if I don’t want you to.) My right to say whatever I want ends if I shout “Fire” in a crowded theater or if I incite a riot. That is, my rights are circumscribed by (1) the rights of other individuals, and (2) the rights of society as a whole.
Rights grow as human beings develop. No one under 14 has a right to drive. No one under 18 has a right to vote. No one under 21 (in most places) has a right to drink. No one under age 35 has a right to be President. We have always differentiated people, and the rights they may have, by their developmental stage. Why can’t you drive if you’re 8? Because you’re not mature enough, either physically or emotionally, to handle a motor vehicle. Why can’t you drink until you’re 21? You’re not mature enough (so the theory goes) to drink responsibly, e.g., without driving. And so on.
What abortion boils down to is the right of the woman to be an independent individual “versus” the right of the fetus to develop its potential to be a human being.
But what rights does/should a fetus have, given its developmental stage? No one claims that a fetus prior to viability (approx. 22-24 weeks) can survive outside the mother’s womb. The fetus’s right to develop, therefore, depends on the mother voluntarily subordinating her right to be independent. (I know there are philosophers here who can help me on these concepts… please?
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Should a fetus at any stage of development have the “right to life”? Well, for example, the medical profession defines “living” to mean “having a heartbeat”. By that definition, a 6-week old fetus is “living”. (I’m too tired to look up a cite, but any obstetrics textbook should have something along these lines.) Should abortions before 6 weeks be allowed?
The fetus is potential life. The mother is actual life. In my book, actual beats potential. I can’t give you any great analogies. As long as the fetus’s potential is at the sufferance of the mother, the mother must be able to make the decision to terminate her pregnancy. Otherwise, you are making the judgment that the fetus’s right to potential life is greater than the mother’s right to actual life - to a full, complete life as an independent, decision-making, consequence-suffering human being.
Once the fetus can live outside the womb, its potential for life is much closer to actuality. I think it reasonable to restrict, but not to prohibit, abortion after viability. Specifically, abortion should always be available where there is a threat to the mother’s life or health. Again, we are dealing with potential life against actual life. No one has ever explained to my satisfaction a reason to choose the potential life over the actual one where that is the decision. (The mother can choose to sacrifice herself, of course, but no one should force her to do so.)
As to JTC’s quote at the top of this post (remember that far back? and thank you for staying with me in my delirium) “Are there any situations wherein the mother’s rights would trump the child’s right to live? I think not.”, that is an extreme position. What about abortion of a fetus that has a condition incompatible with life (ancephaly, severe spina bifeda, etc.)? What about abortion where the mother’s life really is in danger, say from eclampsia? Killing is often justified by society, either with complete exoneration of the killer (self-defense) or with reduced punishment (extreme emotional disturbance).
If the existence of the fetus threatens the life of the person it is dependent on for its very existence, and you have a choice between saving one or the other (or, in the case of a pre-viable fetus, one or none), it seems to me the reasonable choice is to save the one (in the latter scenario), and to save the one whose life is threatened (the self-defender) in the former.
Sorry for the length of this post, but it’s late and I’m tired.
Peace.