A dualist analysis of abortion: personhood and the concept of self qua experiential subject

Himma, Kenneth Einar

doi:10.1136/jme.2002.000828

Cited by 21 publications

(15 citation statements)

References 9 publications

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“…Nazi crimes, genocides in Rwanda) from which society should have learned. Without this consideration, society loses a sense of justice where individual rights may no longer be secure (Himma, 2005).…”

Section: Analysis and Discussionmentioning

confidence: 99%

To abort or not? A Greek dilemma — case study

Theofanidis

Fountouki²,

Pediaditaki

2013

Nurse Education Today

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Section: Analysis and Discussionmentioning

confidence: 99%

To abort or not? A Greek dilemma — case study

Theofanidis

Fountouki²,

Pediaditaki

2013

Nurse Education Today

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“…117 An alternative theological and philosophical approach to personhood as ensoulment, heavily influenced by Cartesian dualism, is presented by Himma, who argues that the soul (defined as a person's internal experience of the "self") requires interaction with the brain, so on his understanding personhood can only begin at the time of brain birth. 118 There is a general consensus that this development corresponds with the third trimester of pregnancy. For example, Kluge believes it exists by 22 weeks, 119 while Jones believes it exists after 24-28 weeks; 120 however not all commentators agree on this late development, as others advocate a stage as early as 10 weeks.…”

Section: Viabilitymentioning

confidence: 98%

Should UK Law Reconsider the Initial Threshold of Legal Personality? A Critical Analysis

Nixon¹

2010

Human Reproduction & Genetic Ethics

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At present UK Law states that the unborn child only becomes a legal person invested with legal rights and full protections, like other human persons, at birth. This article critiques the present legal position of setting the threshold for legal personality at birth, showing its inconsistencies and fundamentally pragmatic basis. Against this background, it is argued that a principled approach towards unborn life is necessary, which reflects in law the reality that the unborn child is a type of human person deserving protection as it develops through the continuum of human personhood--from embryonic personhood, to infant personhood and ultimately into adult personhood Human personhood is defined as a union of a material and immaterial self meaning that at every stage of their development they are never a "potential person," but rather a "person with potential" even if it is not actualized through miscarriage, premature death, or disability. This moral and philosophical reasoning is what justifies protecting the sanctity of unborn life in law. The rest of the article explores and critiques the alternative static legal threshold for ascribing legal personality, at conception, implantation and viability. Having considered the practical moral, legal and philosophical problems of these alternatives; the final proposal for law reform combines all three of these thresholds in a proposal for a "dynamic" threshold for legal personality commencing at conception, which would render birth as an irrelevant threshold for moral and legal reasoning about the unborn.

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“…Brain cortex is the outer layer of cerebral hemispheres and it is responsible for sensory perception, movement, language, thinking, memory and consciousness [12]. Brain cortex is also necessary for the personhood [6,13]. The development of different parts of brain begins at different stages in fetal development [14,15].…”

Section: Brain Cortex and Personhoodmentioning

confidence: 99%

Beginning of individual human life at 13th week of development

Irmak¹

2011

J Exp Integr Med

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When does individual human life (personhood) begin? Brain cortex is necessary for the personhood but there exist two different types of cortex with two different stages of development. While neocortex does not begin to get organized before 24 weeks, allocortex is already formed at 13 th week of development. Allocortical structures such as hippocampal formation and amygdala are involved in the emotions and memory, and regarded as the seat of personhood. At 13 th week, fetus has an adult type allocortex by functional and anatomic definition and it is the most reasonable time at which to fix the start of individual human life (personhood). Most religious traditions hold that what makes one a person is the possession of a soul. Ensoulment seems to occur when allocortex is formed at 13 th week of development. Allocortical birth theory suggests that abortion and embryo research are acceptable ethically up to the point of allocortex formation.

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A dualist analysis of abortion: personhood and the concept of self qua experiential subject

Cited by 21 publications

References 9 publications

To abort or not? A Greek dilemma — case study

To abort or not? A Greek dilemma — case study

Should UK Law Reconsider the Initial Threshold of Legal Personality? A Critical Analysis

Beginning of individual human life at 13th week of development

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