vincentML
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Joined: 10/31/2009
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quote:
ORIGINAL: bounty44
hey troll---a fetus is a "the child in utero."
thats from taber's cyclopedic medical dictionary.
in mosby's its "the human being in utero after the embryonic period."
(please note a "child" is a human being, which renders the two medical dictionaries essentially the same)
utero means to "relating to the uterus." so the CHILD, or HUMAN BEING, not being born yet, can rightly be called "an unborn child."
further, apart from tamaka already spanking you semantically, lemme pile on.
doctors and professors of medicine and other medical professionals use the term "fetus" or "baby" or "unborn child" interchangeably depending on the audience at hand and most importantly in reference to the exact same thing.
Dictionaries hold very little influence on legal definitions. We need to look at case law, Court opinions, and AND LAW JOURNALS.
As a result of its self-professed inability to decide when the
life a human being begins, the Supreme Court rendered its 1973 abortion
decision without considering whether unborn children are living human beings." Implicit in this decision is the finding that unborn children are not protected as persons under the Fourteenth Amendment.
[SNIP SNIP]
The current policy originated in the Tennessee Supreme Court case of Davis v.
Davis. In Davis, a dispute regarding the custody of frozen embryos arose between a husband and wife, who after undergoing an in vitro fertilization
procedure could no longer agree on the disposition of their frozen embryos.
To define the "interest" that the litigants held in the embryos, the Tennessee Supreme Court relied on a report published by the Ethics Committee of the
American Fertility Society. In this report, the Ethics Committee defined an
embryo as distinct from a preembryo, based on medical science and legal
precedents. According to the report, "[the preembryonic stage is considered
to last until 14 days after fertilization."Moreover, their consensus concerning
the preembryo status is that the preembryo deserves greater respect than
that accorded to mere human tissue because of its potential to become a
person, "but not the respect accorded to actual persons."
The Davis court agreed with the Committee Report, holding that preembryos
are not, "strictly speaking either persons or property" but occupy an interim
category that entitles them to special respect because of their potential for life.
As a result of this decision, our understanding of natural, as well as non-coital
reproduction now includes a preembryo-embryo distinction and a policy that
has been defined by the medical community and sanctioned by the courts.
This distinction and policywill likely apply to all new techniques for non-coital reproduction including the currently controversial prospect of human
cloning.
Moreover, it is plain to see how this decision, as all progeny of Roe, work to further solidify the exclusion of the unborn from the rights and privileges
accorded to all other persons under the Fourteenth Amendment. If an adjustment in policy is to be made, it must, therefore,begin with an
examination of those who do qualify as persons under the Fourteenth
Amendment.
_____________________________
vML
Our lives begin to end the day we become silent about things that matter. ~ MLK Jr.
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