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Abortion - Report of the Joint Committee on the Eighth Amendment of the Constitution

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Comments

  • Registered Users, Registered Users 2 Posts: 37,200 ✭✭✭✭Hotblack Desiato


    NuMarvel wrote: »
    It's possible, but I don't think anyone considers it likely. At least, not to the point that it wouldn't let us legislate to allow wider access to abortion.

    What about the Humphreys HC judgement though? If the govt loses the appeal on that then the cat is well among the pigeons.
    If it was, the pro life groups wouldn't have sought the 8th in the first place, and pro choice groups and politicians would be seeking something than straight forward repeal.

    The reasons for the bringing about of the 8th have more to do with US politics than our own. The pro-lifers needed a win in a Western country, lucky us.

    I'm partial to your abracadabra,

    I'm raptured by the joy of it all.



  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    What about the Humphreys HC judgement though? If the govt loses the appeal on that then the cat is well among the pigeons.

    From a legal point of view, I think it would still be fine. If the government loses the appeal because of the 8th, but the 8th is then repealed, then the government is no longer bound by results of that appeal.

    It's like the referendums on the suicide grounds in the X Case. If either of those referendums had passed, then the government would have no longer been bound by that part of the X Case judgement.

    It might be a different story politically, and who knows what effect losing the appeal would have on a referendum campaign.
    The reasons for the bringing about of the 8th have more to do with US politics than our own. The pro-lifers needed a win in a Western country, lucky us.

    We're truly blessed... (insert sarcasm smiley here)


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    the reality is that once repeal happpens abortion on demand with no question will be legislated for. it's an absolute given IMO.

    Why do you think that? Which political parties are in favour?

    Labour always were, but they are gone...


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    NuMarvel wrote: »
    It's possible, but I don't think anyone considers it likely. At least, not to the point that it wouldn't let us legislate to allow wider access to abortion. If it was, the pro life groups wouldn't have sought the 8th in the first place

    But they were a bunch of amateurs who legalized abortion here by accident, I wouldn't be relying on their legal expertise.

    The citizen's assembly thought the 8th should be replaced precisely to avoid this unenumerated rights issue.

    If we just remove the 8th, I guarantee the pro-lifers will take a case to the Supreme Court arguing that once the right to life existed (as it does now), simply removing a reference to it in the Constitution does not make it go away.

    And we will have removed the right to travel and information, too, putting us back to 1993.


  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    But they were a bunch of amateurs who legalized abortion here by accident, I wouldn't be relying on their legal expertise.

    The citizen's assembly thought the 8th should be replaced precisely to avoid this unenumerated rights issue.

    If we just remove the 8th, I guarantee the pro-lifers will take a case to the Supreme Court arguing that once the right to life existed (as it does now), simply removing a reference to it in the Constitution does not make it go away.

    And we will have removed the right to travel and information, too, putting us back to 1993.

    There's no doubt someone will bring a case about something after the referendum, but what are the odds of success? I don't rate them as especially high, and like I said, it doesn't seem to be a major concern for pro choice groups and politicians either.

    And I definitely wouldn't be worried about travel or information, because those amendments were solely because of the reach of the 8th. Unless a court finds the constitution already has an 8th-like right to life, we return to the pre-83 status quo for those aspects.


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  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    Andyfitzer wrote: »
    There is absolutely no recognition of the human rights the unborn child has. None. Not even a recognition that they have any. They are in the current legislation, but will be entirely stripped away if this bill passes. The right to life being number one.

    Well then I would imagine the first steps for you to take, if you are interested to do so, would be to create a set of arguments as to why you feel the fetus in question should have rights, specifically the right to life, in the first place.

    Being angry is one thing, but unless you can translate that anger into a set of real world arguments, I doubt you will convince anyone of anything. Assuming, of course, that convincing anyone of anything is even a goal of interest to you.

    The problem for me when it comes to abortion by choice is that the near totality (96 to 98% generally) or abortion by choice happens in 0-16 weeks of gestation. All of the attributes I am aware of that make the allocation of rights coherent and meaningful in our world are attributes the fetus at 0-16 weeks lacks. Lacks not just slightly, but entirely.

    And if at any point you genuinely want to change the minds of a pro-choice voter or campaigner, I suspect the only way you will ever do it is to formulate that missing basis. Explain why you think "rights" or "moral and ethical concern" should be applied to such a fetus. Or is it just your gut feeling they should, and little more?

    For me the abortion debate goes deeper than just the fetus. It goes to the heart of what it even means to be "human". "Human" that is outside mere biological taxonomy. What it means for an entity to have rights, and on what basis do they attain them?

    And the divisions in society on issues like abortion now, or maybe issues like how we ethically treat artificial intelligence in the future, are indicative to me of a broken set of priorities and definitions on those things. A whole conversation we as a species need to have, both in and outside the topic of abortion.
    Andyfitzer wrote: »
    It is logically flawed. One of the main reasons given to allow abortion is the fact that women are going to England to have abortions and ordering online abortifacients.

    What might surprise you given I am one of the more vocal pro-choice writers on the forum..... is that I agree with you here. The "but they go to England" narrative is not one I tend to use AT ALL in any argument or debate on the issue of abortion.

    For example if there was a country where sex with children was still allowed and legal, then pedophiles would be allowed travel there for sex to children. Would we then say "Well it should be legal here then, as people who want it are currently forced to travel to get it"?

    No, I do not think so. The debate about abortion should be about what we feel morally and ethically the right thing to do in our own country, or not. Not whether other people are allowing it.

    That said though, the fact that our citizens are putting themselves at increased risk of infection, harm, and even death by ordering pills from unknown sources, or having surgeries or interventions in other jurisdictions and then traveling following the procedure....... is a legitimate and massive concern. It can not and should not be ignored. Especially if there is no good argument for not providing them what they need/seek here in Ireland.
    Andyfitzer wrote: »
    This means they are legalising something because women are doing it anyway. Are we going to have legal drugs and prostitution now, because people go to Holland anyway, or do it illegally here already?

    No, we should legalize many forms of drugs and sex work solely because it is the right thing to do. Not because anyone else is doing it too.
    Andyfitzer wrote: »
    Also, the main reason for allowing abortion on demand up to 12 weeks, is so that one of the smallest of "categories" by percentages - pregnancy from rape (don't get me wrong, an horrific thing all round) - don't have to report it.

    To be honest, in all my years (decades) engaging with the topic of abortion I have never heard anyone offer that reason AT ALL, let alone as "the main" reason. In fact I can honestly say........ that allowing them to abort a rape because they do not want to report a rape.......... today is the absolute first day I have EVER heard that point made. By you.

    Now I have heard people say that rape should be grounds for abortion, nothing to do with "reporting" it at all. And again you will be surprised I agree with you here in that I actually think allowing abortion for rape reasons is a ludicrous argument for two large reasons. Both of which I am happy to adumbrate on request if you like.
    Andyfitzer wrote: »
    The second biggest reason was that a lot of things, like diagnoses, were difficult (that word was used a lot). Shrug your shoulders and just kill all the unborn!!!!!!!!! Easy, hey!?

    Could you point me to the people claiming we should "kill all the unborn" as I have not met one yet. Or is it possible the rage you expressed in your opening sentences has led you to undermine your own seriousness through the use of rather excessive hyperbole? If so that would be tragic as you seem to have your heart in the right place, and mean well, so it would be sad to undermine your own credibility by exaggeration and hyperbole.
    Andyfitzer wrote: »
    We are motivated by good will, whereas "pro choice" (pro abortion) are personally motivated and will scream and shout, as are entitled. The committee and media don't need to increase that chasm.

    You should not increase the chasm either by hyperbole and straw men. People who are pro choice are every bit as human, have every bit as much human empathy, and are every bit as motivated by good will as you are. They their arguments and conclusions differ from your own is not a means by which to claim humanity for you, and a lack of it for them. You moan about the chasm, and then form one yourself via rhetoric at this level. This helps no one.
    Andyfitzer wrote: »
    Where is the choice of the human in the womb?

    On what basis do you assume "choice" is an attribute of an agent that is at absolutely no level at all sentient or conscious? You are assuming attributes exists in the fetus which are wholly absent.
    Andyfitzer wrote: »
    Where is the acknowledgement of the responsibilities of the man and woman - who exercised their right to consensual sex - toward the human they create?

    What is "responsibility" in your mind? For me taking responsibility means acknowledging the situation you are in, and considering with an open and honest mind the options for moving past it. By not allowing abortion to be one of their choices, it is you taking responsibility for/from them, rather than giving it to them as you presume to claim you want.


  • Registered Users, Registered Users 2 Posts: 26 Andyfitzer


    NuMarvel wrote: »
    It's entirely workable. It's just not palatable, especially to anti-repealers. The country was in uproar when we put the injunction on the girl in the X Case; if we did something similar on just 5% of the women who travelled, people would be demanding repeal of the 8th within weeks.

    The resistance of anti-repealers to stopping or criminalising women who travel is nothing to with practical reasons and everything to do with tactical reasons.

    Surely no medical facility in another jurisdiction would hand over personal information like that?


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    Andyfitzer wrote: »
    Surely no medical facility in another jurisdiction would hand over personal information like that?
    Correct.
    Also, as NuMarvel has already noted, subsequent amendments made it an irrelevant moot point anyway, a very long time ago.
    NuMarvel wrote: »
    absent the 13th and 14th amendments, you could:

    1 -Seek injunctions on travel or having an abortion abroad, similar to injunction brought in the X Case. An injunction could feasibly be brought by anyone, not just the state, and breaching the injunction could see the woman facing fines and/or prison sentences....

    2 - Criminalise the act of arranging an abortion. This would be similar to the laws on assisted suicide which makes it an offence to arrange the suicide of another person, even if it's due to take place outside the state.

    3 - Criminalise the distribution of information about abortion, as was the case prior to 1995. This could easily apply to print or online publications.


  • Registered Users, Registered Users 2 Posts: 2,656 ✭✭✭C14N


    Edward M wrote: »
    If so does that mean we would be asked to repeal or not the eighth?
    Would repeal then mean it would be up to government to legislate for how any termination would be allowed to take place?
    I had thought it might contain two options, one for the status quo, and one which would allow whatever terms or conditions abortion might be allowed in and we would get to choose which option we might favour.

    Possibly. Most likely there would be some language to indicate what any new, looser restrictions would be. However, my own understanding is that if it were not replaced by something else in the constitution, any further legislation would be considerably easier to change as any new government in the future saw fit.

    Like the OP, I'm also "pro-life". This seems to be the most general-purpose thread on the topic so I thought I would just share my own opinions here. I really haven't properly discussed this topic anywhere since the whole thing started, mostly because it's such a vitriolic and sensitive subject, and I know my own opinions are not only not shared, but widely despised amongst my peers (i.e. urban, educated twentysomethings), so I generally keep them to myself for the most part, day to day. Far more than any other topic, this is one that I find extremely difficult to discuss in real life because of this and I'm hoping that this thread (even though I know it's going to be broadly pro-choice) is at least somewhere where it can be discussed openly without getting shut down with insults and assumptions about who I am.

    It's honestly the one issue more than any where I wish I either didn't care, or had a completely different view, but I don't. But the entire thing basically rests on two premeses: 1. a fetus is a human, 2. killing humans is amongst the worst crimes that can be committed.

    No matter how much I've tried, I have never been able to convince myself that a human being is morally and ethically irrelevant just because they're at an earlier stage of development, or inside a womb. I can't conceive of any definition of "alive" that would exclude a fetus without also problematically excluding many other people who are definitively alive. I can't think of how to scientifically define a person except by their unique set of DNA. I'm broadly very liberal/progressive on social issues, but this is the one I just have not ever been able to get past. And the vast majority of campaigning or debate from pro-choice activists just refuses to address this central pro-life premise, and instead just ties the issue to progressive issues like women's health or privacy. For most people I've discussed it with, it's not even a thing that seems to occur to them as something to consider. I don't think many want to argue against the second premise, but I don't understand why more don't seek to address the first in any kind of detail. That's not to speak for anyone in this thread, just for the ones I have discussed with in the past.

    I think it's looking more and more like the prevailing political winds will favour unrestricted abortions up to 12 weeks. I thought that would be a fairly tough sell before but the news earlier in the week that Mícheal Martin has decided to jump ship against the wishes of his own party's ard fheis, as well as the sizeable majority of declared TDs who have committed to supporting repeal has been very troubling to me and I now expect that the referendum will be to allow it for 12 weeks with no restrictions and that it will pass. Even that law will likely end up being contested in the near future and I'm sure that it will be the first step toward a push for 24 weeks too (honestly I'm not sure how any of that even works because I don't know of a medical procedure that can somehow accurately work out the date of conception).

    I think the repeal side have done a substantially better job of campaigning which doesn't say much because the anti-repeal side have been almost invisible to me. It helps that most media seems to favour it, but the only group people seem to associate with saving the 8th are the abysmal IONA institute, who seem to argue for it strictly from a religious standpoint, which I think is moronic and pointless, because you can't make laws based on religious beliefs. Frustratingly for me, there seems to be nobody stepping up to try and do something similar on the opposite side. I feel like I want to do something about it, but I don't know how, because in all honesty, I am a bit coward and I have a hard time expressing this kind of stuff publicly when I know it will make people hate me.


  • Registered Users, Registered Users 2 Posts: 29,493 ✭✭✭✭end of the road


    C14N wrote: »
    Possibly. Most likely there would be some language to indicate what any new, looser restrictions would be. However, my own understanding is that if it were not replaced by something else in the constitution, any further legislation would be considerably easier to change as any new government in the future saw fit.

    Like the OP, I'm also "pro-life". This seems to be the most general-purpose thread on the topic so I thought I would just share my own opinions here. I really haven't properly discussed this topic anywhere since the whole thing started, mostly because it's such a vitriolic and sensitive subject, and I know my own opinions are not only not shared, but widely despised amongst my peers (i.e. urban, educated twentysomethings), so I generally keep them to myself for the most part, day to day. Far more than any other topic, this is one that I find extremely difficult to discuss in real life because of this and I'm hoping that this thread (even though I know it's going to be broadly pro-choice) is at least somewhere where it can be discussed openly without getting shut down with insults and assumptions about who I am.

    It's honestly the one issue more than any where I wish I either didn't care, or had a completely different view, but I don't. But the entire thing basically rests on two premeses: 1. a fetus is a human, 2. killing humans is amongst the worst crimes that can be committed.

    No matter how much I've tried, I have never been able to convince myself that a human being is morally and ethically irrelevant just because they're at an earlier stage of development, or inside a womb. I can't conceive of any definition of "alive" that would exclude a fetus without also problematically excluding many other people who are definitively alive. I can't think of how to scientifically define a person except by their unique set of DNA. I'm broadly very liberal/progressive on social issues, but this is the one I just have not ever been able to get past. And the vast majority of campaigning or debate from pro-choice activists just refuses to address this central pro-life premise, and instead just ties the issue to progressive issues like women's health or privacy. For most people I've discussed it with, it's not even a thing that seems to occur to them as something to consider. I don't think many want to argue against the second premise, but I don't understand why more don't seek to address the first in any kind of detail. That's not to speak for anyone in this thread, just for the ones I have discussed with in the past.

    I think it's looking more and more like the prevailing political winds will favour unrestricted abortions up to 12 weeks. I thought that would be a fairly tough sell before but the news earlier in the week that Mícheal Martin has decided to jump ship against the wishes of his own party's ard fheis, as well as the sizeable majority of declared TDs who have committed to supporting repeal has been very troubling to me and I now expect that the referendum will be to allow it for 12 weeks with no restrictions and that it will pass. Even that law will likely end up being contested in the near future and I'm sure that it will be the first step toward a push for 24 weeks too (honestly I'm not sure how any of that even works because I don't know of a medical procedure that can somehow accurately work out the date of conception).

    I think the repeal side have done a substantially better job of campaigning which doesn't say much because the anti-repeal side have been almost invisible to me. It helps that most media seems to favour it, but the only group people seem to associate with saving the 8th are the abysmal IONA institute, who seem to argue for it strictly from a religious standpoint, which I think is moronic and pointless, because you can't make laws based on religious beliefs. Frustratingly for me, there seems to be nobody stepping up to try and do something similar on the opposite side. I feel like I want to do something about it, but I don't know how, because in all honesty, I am a bit coward and I have a hard time expressing this kind of stuff publicly when I know it will make people hate me.

    don't ever apologize for your views. if people hate you because you believe the unborn having a right to life is the right thing (which it is) that says it all about them and not you, and they are not worth your time. you believe in what's right, and do not change that.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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  • Registered Users, Registered Users 2 Posts: 2,656 ✭✭✭C14N


    don't ever apologize for your views. if people hate you because you believe the unborn having a right to life is the right thing (which it is) that says it all about them and not you, and they are not worth your time. you believe in what's right, and do not change that.

    I never said I was sorry for believing what I do, just that I keep it private because I don't want to lose friends, and in a lot of cases, I don't want to have to learn where others stand. People do hate, and I even understand that. It goes both ways, many people on the pro-life side will also hate people with pro-choice views. In each case, it's easy to see why given the stakes of the issue. On either side, it's extremely easy to perceive the opposition as downright evil and it's a natural human reaction to want to see them that way and to not take them seriously. For a pro-choice activist to suddenly have some change of heart, they would have to content with the idea that they had been in favour of legalizing murder all this time. And conversely, a pro-life activist would have to suddenly believe that their life has been devoted to pointlessly putting many women through a huge deal of stress and hardship. It's natural once you take a stand to lock that position in and to be defensive against anyone who would try to change it.

    I'm generally an optimistic person. I choose to believe that the day will come when abortion will be rendered obsolete by technology in some way. Perhaps just with better contraception or with something that makes viability outside the womb possible from day 1, so that pregnancy is never a burden to anyone that doesn't want it.


  • Registered Users, Registered Users 2 Posts: 8,029 ✭✭✭SusieBlue


    C14N wrote: »
    I never said I was sorry for believing what I do, just that I keep it private because I don't want to lose friends, and in a lot of cases, I don't want to have to learn where others stand. People do hate, and I even understand that. It goes both ways, many people on the pro-life side will also hate people with pro-choice views. In each case, it's easy to see why given the stakes of the issue. On either side, it's extremely easy to perceive the opposition as downright evil and it's a natural human reaction to want to see them that way and to not take them seriously. For a pro-choice activist to suddenly have some change of heart, they would have to content with the idea that they had been in favour of legalizing murder all this time. And conversely, a pro-life activist would have to suddenly believe that their life has been devoted to pointlessly putting many women through a huge deal of stress and hardship. It's natural once you take a stand to lock that position in and to be defensive against anyone who would try to change it.

    I'm generally an optimistic person. I choose to believe that the day will come when abortion will be rendered obsolete by technology in some way. Perhaps just with better contraception or with something that makes viability outside the womb possible from day 1, so that pregnancy is never a burden to anyone that doesn't want it.

    I am firmly pro choice but just wanted to say what an excellent, intelligent, thought provoking post that was.

    I respect your position and even agree with you on a lot of points, particularly the part about pregnancy not being a burden on anyone who doesn’t want it.


  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    C14N wrote: »
    But the entire thing basically rests on two premeses: 1. a fetus is a human, 2. killing humans is amongst the worst crimes that can be committed.

    The first approach to introspection on your views therefore should be to realize that the word "Human" has different meanings in different contexts. For example "Human" means one thing in biological Taxonomy. It refers to little more than the fact your DNA is what it is.

    In discussing a PERSON however "Human" what it means to be "Human" and "Humanity" has a different set of meanings. Meanings that go well beyond mere DNA.

    You must stop to realize that just about every person who is "pro choice" is also against killing "Humans". We are against murder, rape, violence, assault, torture and all the other serious crimes against humans you might want to list.

    This has to tell you something. It has to tell you that how you describe your position above, especially in part "2", does not distinguish your position from ours at all. We share it. We all value what we see as "Human Life" and wish to cherish it, protect it, even revere it. So the difference in our positions lies elsewhere.

    The difference is in part 1. In identifying the attributes and characteristics that make us "Human". "Human" in the sense of rights, morals and ethics. Not in the sense of mere biological taxonomy. That is we both deeply value what we see as "Human Life". We simply differ in what we think that defines, and when it begins.

    I, for one, have spent long years inquiring into those attributes, debating them, thinking on them, learning about them. And what I have found is that EVERY attribute that could identify a fetus as "Human" in any meaningful and moral sense......... are attributes the fetus being aborted (given that consistently around the world with fetal abortions by choice 96-98% of them tend to happen in or before week 16) lack not just slightly..... but ENTIRELY.

    Attributing moral and ethical concern to the fetus is therefore in my view about as meaningful and sensible as trying to apply home insurance to a blue print for a house. To call a blue print a house, let alone a "home"......... is as ridiculous to me as calling a biological entity a "human person" for no other reason than it's DNA. Something more HAS to ground the definition. Mere DNA alone can not do it. Merely being "alive" alone can not do it. It has to go deeper.
    C14N wrote: »
    I can't think of how to scientifically define a person except by their unique set of DNA.

    Try doing so by the existence of the faculty of human consciousness and sentience. A fetus at 16 weeks lacks it. Not just slightly. But ENTIRELY. The analogy I often use is to radio. If "radio waves" are analogous to human sentience, then at 16 weeks the fetus does not JUST lack the radio waves...... the radio tower itself that broadcasts them has not even been constructed yet, let alone actually powered or turned on in any way.

    Anything that meaningfully defines "Human person", identity, person-hood, or a moral and ethical agent is rooted in sentience. And it is precisely the attribute the fetus lacks. As such while you seem unable to define a person by it, I see no way to define something as a person WITHOUT it.
    C14N wrote: »
    And the vast majority of campaigning or debate from pro-choice activists just refuses to address this central pro-life premise, and instead just ties the issue to progressive issues like women's health or privacy.

    I trust, given the above sentence does not describe me at all, that I am a breath of fresh air for you therefore :) Because your "central premise" is EXACTLY what I address, as I agree with you 100% that that is the most important thing. The entire abortion debate boils down to a single issue. Does the fetus we wish to abort...... generally in or before week 16..... in fact over 90% usually in or before week 12 as it happens........... have a "right to life" or any rights at all? If so why? As you can see from what I wrote above, I can not identify a single reason why it does, or might, have any moral or ethical concern for us at all. Certainly not on the basis of it being an individual or a person.

    If anyone can build a meaningful model of individuality or person-hood WITHOUT the attribute of sentience in it..... it would of course give me pause. But even the user on this forum most prone to one way discussion and soap boxing, has done little more than invent a "right to become sentient" out of thin air. A position he backs up with nothing but repetition, and dodging any attempts to question it. So you can imagine the degree to which I entirely fail to find that approach convincing myself.

    I trust also I have treated your post with respect and maturity, and not the "hate" you unfortunately have come to expect for expressing yourself. Long may we continue.


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    Attributing moral and ethical concern to the fetus is therefore in my view about as meaningful and sensible as trying to apply home insurance to a blue print for a house. To call a blue print a house, let alone a "home"......... is as ridiculous to me as calling a biological entity a "human person" for no other reason than it's DNA...
    The human genome has been mapped, but nobody calls that map a human being. A foetus is totally different; its not just a blueprint or a map.


    Try doing so by the existence of the faculty of human consciousness and sentience. A fetus at 16 weeks lacks it. Not just slightly. But ENTIRELY. The analogy I often use is to radio. If "radio waves" are analogous to human sentience, then at 16 weeks the fetus does not JUST lack the radio waves...... the radio tower itself that broadcasts them has not even been constructed yet, let alone actually powered or turned on in any way.
    Firstly, a human is not a radio, and you can't be sure at 16 weeks they have no sentience. They would be starting to kick around that time, which indicates that the nervous system is being trialed.

    Secondly, even if we accept your premise that sentience is entirely absent, your total rejection of "potential" is disturbing. Supposing I found you in a comatose state (maybe due to drugs or some accident). Would it be OK for me to take the opportunity to put you out of your misery, based on the assumption that you wouldn't feel anything, and you wouldn't be in any position to object?

    "Potentially" you would probably regain consciousness in a few hours, if I left you alone. But at the time...


  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    recedite wrote: »
    The human genome has been mapped, but nobody calls that map a human being. A foetus is totally different; its not just a blueprint or a map.

    It is an analogy. It does not have to be a perfect fit to highlight the point I am making. While a fetus is different to a blue print, it is a form of self constructing blue print I guess, this does not take away from the point I am making with the anlaogy. Over extending an analogy does not negate it's purpose or intent.

    The purpose and intent in the case of this analogy is to show that there are levels of narrative that are included in one that are missing from the other. A blue print is not a house, and certainly not a "home" as "home" has much more narrative associated with it than merely "house".

    Similarly there are many levels of narrative in play when we talk about a "human person" or individual. Levels which are simply not in play in a fetus.
    recedite wrote: »
    Firstly, a human is not a radio, and you can't be sure at 16 weeks they have no sentience. They would be starting to kick around that time, which indicates that the nervous system is being trialed.

    Again, analogy. At no point did I call a human being a radio. It simply did not happen, nor was it even remotely implied at any level. I have read your posts in the past. I know you someone intelligent and literate enough to know what an analogy is, and how it works. So do not insult your own intelligence while pretending to insult mine.

    As for the "cant be sure" point. We are "sure" of nothing in science. And our knowledge of the workings and machinations of sentience is far from complete. But it is not empty either. We know a lot about sentience and consciousness, and more importantly the pre-requisites of it. And when those pre-requisites are not even partially formed, then we are safe to come to certain conclusions on that score.

    And while we can not say "I am 100% sure that no sentience exists in a fetus at 16 weeks" we CAN say "100% of the knowledge we currently have on sentience tells us it is wholly and completely absent at 16 weeks". There is simply nothing in our current data set that even REMOTELY suggests sentience is in play at that point. And when 100% of a data set points one way, and 0% of it points another......... then I think we are morally on safe ground to act on the conclusions that suggests.

    Autonomic responses in a nervous system certainly do not do it. Especially given the level of responses in even an amoeba. No one, that I have met anyway, suggests that an amoebae is sentient. Yet we see it responding to stimulus and so forth. So merely "kicking around" is not remotely suggestive of sentience coming into play.
    recedite wrote: »
    Secondly, even if we accept your premise that sentience is entirely absent, your total rejection of "potential" is disturbing. Supposing I found you in a comatose state (maybe due to drugs or some accident). Would it be OK for me to take the opportunity to put you out of your misery, based on the assumption that you wouldn't feel anything, and you wouldn't be in any position to object?

    No, because I HAVE the faculty of sentience. People in a coma do not lack that faculty. It simply is not operating correctly. But they still HAVE it. So that is not even remotely comparable or analogous to a fetus in which the faculty simply has not formed AT ALL yet. So that is not remotely the same form of "potential" that is in play in the fetus.

    Further, to take your point from another angle, even after death, we to a point retrospectively show moral and ethical concern for the sentience that was there. So we recognize that even once having been a sentient agent affords you some level of rights. So from that angle too a coma patient would still be an entity of moral concern.

    So from both of these angle, I trust you will see that I am not rejecting the "Potential" You describe at all, and is therefore not even remotely a disturbing position for me to hold. The "Potential" I reject is the potential that an entity who has never at ANY point been sentient before.... somehow has the right to realize sentience.

    I tried this thought experiment on another user who.... basically.... ran away at speed to dodge answering it. Perhaps it will interest you. Imagine a scenario where I have built the holy grain of AI research. A fully function General Artificial Intelligence that will in every way be as (or even more so) sentient and conscious as you or I. All that remains is for me to flick the on switch.

    Is there, and if so why, remotely any moral onus on me to flick that switch? Rather than, say, my choice to dismantle the whole construct and instead build a rather trendy line of waffle makers which I then give to my friends.

    I have yet to be shown a moral argument to suggest there is any reason I should be obliged to flick that switch. Mainly because there are no arguments that an entity that COULD be sentient places any moral obligation on us to allow to realize that potential.


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    While a fetus is different to a blue print, it is a form of self constructing blue print I guess..
    And how is that any different to an adult human?
    And while we can not say "I am 100% sure that no sentience exists in a fetus at 16 weeks" we CAN say "100% of the knowledge we currently have on sentience tells us it is wholly and completely absent at 16 weeks".
    I'd be inclined to think if it can move around, it must have a functional nervous system. I don't think it would be possible to detect whether it could feel pain. Not in any kind of "ethical" experimentation, anyway.
    So I'm not sure where you get your your 100% certainty from.
    No, because I HAVE the faculty of sentience. People in a coma do not lack that faculty. It simply is not operating correctly. But they still HAVE it.
    Seems like a magic trick. IMO either you have it, or you don't. Does a broken radio have reception? Does a dead person have sentience? In a dead person, it is irretrievably gone. In a comatose person, it is temporarily gone.
    I tried this thought experiment on another user who.... basically.... ran away at speed to dodge answering it. Perhaps it will interest you. Imagine a scenario where I have built the holy grain of AI research. A fully function General Artificial Intelligence that will in every way be as (or even more so) sentient and conscious as you or I. All that remains is for me to flick the on switch.

    Is there, and if so why, remotely any moral onus on me to flick that switch?
    An interesting question, but morality or ethics (outside of a religious perspective) is somewhat subjective.
    I'd be curious to see what your AI would be like, on the other hand I'd recognise a threat. The AI would likely behave logically, and therefore it might eventually eradicate humanity, seeing humanity as a pest which is harming the planet.
    So the answer is No. I'd compare it to killing somebody in self defence. Killing is not always criminal, there is such a thing as lawful homicide.
    That is also the same kind of context in which the 8th amendment allows abortions if the mother's life is threatened.


  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    recedite wrote: »
    And how is that any different to an adult human?

    The fetus is not sentient. An adult human is.
    recedite wrote: »
    I'd be inclined to think if it can move around, it must have a functional nervous system. I don't think it would be possible to detect whether it could feel pain.

    Sentience and a functional nervous system are two entirely different things however. Also "a functional nervous system" is not just one thing. It is not like we have one complete system that is either on or off. It is a complete system made up of numerous sub-systems, that can each develop and be on or off in isolation.

    There was a study posted, and deeply misrepresented, by another user of boards related to playing music at the fetus for example. The music resulted in autonomic responses including mouth movements. In describing what the movements LOOKED like, the researcher wrote that it looked "like it is trying to speak". The user who posted it took this to mean the fetus looked like it was ACTUALLY trying to speak.

    But no, autonomic responses exist even before sentience, and trial-firings within it are in no way an indication that the lights are on, and anyone is experiencing anything, or anyone is even there TO experience anything. Let alone pain specifically.
    recedite wrote: »
    So I'm not sure where you get your your 100% certainty from. Seems like a magic trick. IMO either you have it, or you don't. Does a broken radio have reception? Does a dead person have sentience? In a dead person, it is irretrievably gone. In a comatose person, it is temporarily gone.

    I do not think sentience is a "have it or dont" thing either. I do not believe for one moment that there is a moment in development where it suddenly comes on line. Rather I expect it to be very much like differentiating between red and orange on a rainbow. That is, you know where red is, you know where orange is, but the transition between the two is so incremental that you will never be able to identify a point where it stops being one and starts being the other. (I know, I am risking another analogy here).

    Also in a comatose person the faculty is not "Gone". It is there. It is just operating below normal parameters. And in fact there are evidences that some experience is in play even in coma patients. Far from conclusive, but enough that people are recommended to talk to the patients in question as much as possible. Even read to them or play music to them.

    But again the defining difference I am appealing to is not between sentience being there or not, but the entire faculty itself being there or not. In a coma patient, it is there. There is a world of difference between "off" and "gone". A difference I think you too readily gloss over.

    Also I have to repeat what I wrote before about "100% certainty". I am not 100% certain. Close, but not 100%. We are never 100% certain of anything in science generally. But there is a difference between "I am 100% certain X is true" and "100% of the data set we currently have shows X is true". The former is certainty, the latter is evaluate of the data set at this time. New data could come and change it. I strongly doubt it given what we DO know about sentience, but it could. I remain ever open minded on that.

    Morality and ethics for me has to be based on the data set we have available. And no data set will ever give 100% certainty. We can not allow that to paralyze moral or ethical discourse and conclusions however.

    To quote directly from one publication on the matter "It is concluded that the basic neuronal substrate required to transmit somatosensory information develops by mid-gestation (18 to 25 weeks), however, the functional capacity of the neural circuitry is limited by the immaturity of the system. Thus, 18 to 25 weeks is considered the earliest stage at which the lower boundary of sentience could be placed. At this stage of development, however, there is little evidence for the central processing of somatosensory information. Before 30 weeks gestational age, EEG activity is extremely limited and somatosensory evoked potentials are immature, lacking components which correlate with information processing within the cerebral cortex. Thus, 30 weeks is considered a more plausible stage of fetal development at which the lower boundary for sentience could be placed."
    recedite wrote: »
    I'd be curious to see what your AI would be like, on the other hand I'd recognise a threat.

    That is a separate, equally interesting question to explore and talk about for sure. One that I think we do not talk about enough in our current world! The "Intelligent Paper Clip Maker" is another conversation I love to have, but is a bit out of the topic of this thread.

    But I think we are talking past the point of the thought experiment. I am focusing solely on the question of whether a clear potential to become sentient places ANY onus on us to realize that potential. I see no reason to think it does. Either in an AI or in a 12 week old fetus.

    It is a question I think is perfectly exploitable without consideration of what that sentience might go on to do. After all any given fetus might be the next Hitler. For the purposes of the thought experiment you can presume the AI to be entirely benign, and in line with human goals.


  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    For the purposes of the thought experiment you can presume the AI to be entirely benign, and in line with human goals.
    Well then it would be a shame not to switch it on!
    But in terms of your ethical dilemma, I don't think it would be "immoral" not to. The reason being that although the AI has great potential, it is not human. We assign more rights to humans than to other life forms. Just because we are humans ourselves. Yes, it may be arrogant and selfish, but that's how it is (at least until the machines take over)

    I think you could draw a lot of parallels between the comatose person and the foetus. You could play music to them and get no reaction, but maybe at some future time on playing the same music they could show that they recognise it somehow. The potential is there, and as you say we can't say there is an exact moment when the colour red turns to orange.
    But neither is there a time that there is no red at all in the colour orange.


  • Registered Users, Registered Users 2 Posts: 4,650 ✭✭✭Infini


    Generally when the vote comes up I'll be voting to get rid of it. I can understand peoples views on abortion (as long as they dont turn into irritating ranting idiots) but IMO when it comes down to it my key reason for my view is when I look at the issue that firstly the constitution is clearly NOT the correct venue for this. The salvita fiasco proved it to me when I looked at it. Neither is trying to "hide" the issue by forcing it into another duristiction or the realm of online pills.

    The other reasons is that in terms of rape (which is severely traumatsising for the victim yet alone prolonging the torture by carrying a baby who is a result of it), incest (Key reason: high chances of irreperable genetic damage and life limiting health issues), and faetal abnormalities (baby is non viable and is dead to rights no matter what and continuing would be imo cruel and unusual punishment) these are no brainer reasons to me.

    The last thing IMO for voting to get rid of it is that ultimately IMO its up to the people directly involved and their doctors to ultimately decide on what they want to do as its solely their responsibility to sort out. Some people feel they have to interfere or have their say but the track record for doing so over the years as far as I can see shows it only makes a bigger mess of things in the long run and makes things worse.

    Let those involved be responsible for their own decisions.


  • Registered Users, Registered Users 2 Posts: 29,493 ✭✭✭✭end of the road


    Infini wrote: »
    Generally when the vote comes up I'll be voting to get rid of it. I can understand peoples views on abortion (as long as they dont turn into irritating ranting idiots) but IMO when it comes down to it my key reason for my view is when I look at the issue that firstly the constitution is clearly NOT the correct venue for this. The salvita fiasco proved it to me when I looked at it. Neither is trying to "hide" the issue by forcing it into another duristiction or the realm of online pills.

    The other reasons is that in terms of rape (which is severely traumatsising for the victim yet alone prolonging the torture by carrying a baby who is a result of it), incest (Key reason: high chances of irreperable genetic damage and life limiting health issues), and faetal abnormalities (baby is non viable and is dead to rights no matter what and continuing would be imo cruel and unusual punishment) these are no brainer reasons to me.

    The last thing IMO for voting to get rid of it is that ultimately IMO its up to the people directly involved and their doctors to ultimately decide on what they want to do as its solely their responsibility to sort out. Some people feel they have to interfere or have their say but the track record for doing so over the years as far as I can see shows it only makes a bigger mess of things in the long run and makes things worse.

    Let those involved be responsible for their own decisions.

    when those decisians are not being made due to necessary reasons and will harm a would be someone else, that cannot really be done. society has to say no .

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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  • Registered Users, Registered Users 2 Posts: 8,029 ✭✭✭SusieBlue


    when those decisians are not being made due to necessary reasons and will harm a would be someone else, that cannot really be done. society has to say no .

    No they don’t. It can be done.


  • Registered Users, Registered Users 2 Posts: 29,493 ✭✭✭✭end of the road


    WhiteRoses wrote: »
    No they don’t. It can be done.

    they do if society is actually modern and progressive, and believe in equal rights for all. if society believes targeting the most vunerable is wrong, then abortion on demand can't be done.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    if society believes targeting the most vunerable is wrong, then abortion on demand can't be done.

    Society doesn't think a fertilized cell is a most vulnerable human being. It's a single cell.


  • Registered Users, Registered Users 2 Posts: 29,493 ✭✭✭✭end of the road


    Society doesn't think a fertilized cell is a most vulnerable human being. It's a single cell.


    it is the first stage of development in the human being.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    it is the first stage of development in the human being.

    Quick - ban the morning after pill!

    Nope - fertilized eggs are not legally human beings and have no rights whatsoever in Ireland.

    They are not legally unborns, whatever the feck unborns are supposed to be.


  • Registered Users, Registered Users 2 Posts: 29,493 ✭✭✭✭end of the road


    Quick - ban the morning after pill!

    you can campaign for that if you wish, i won't be joining you.
    Nope - fertilized eggs are not legally human beings and have no rights whatsoever in Ireland. They are not legally unborns

    i didn't state otherwise.
    whatever the feck unborns are supposed to be.

    am, baby's in the womb who haven't been born yet. very obvious i'd have thought?

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 9,636 ✭✭✭volchitsa


    Quick - ban the morning after pill!

    you can campaign for that if you wish, i won't be joining you.
    Nope - fertilized eggs are not legally human beings and have no rights whatsoever in Ireland. They are not legally unborns

    i didn't state otherwise.
    whatever the feck unborns are supposed to be.

    am, baby's in the womb who haven't been born yet. very obvious i'd have thought?
    So life begins at implantation then? Not fertilization?
    How does that work? Technically I mean?

    ”I enjoy cigars, whisky and facing down totalitarians, so am I really Winston Churchill?” (JK Rowling)



  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    recedite wrote: »
    Well then it would be a shame not to switch it on!

    Agreed! It is the holy grail of AI research to construct and turn on such a thing. I would very much hope that whoever builds one does NOT go on to simply dismantle it to make toasters. But they turn it on.

    But there is a chasm of difference between it being a shame, and there being a moral onus on us to turn it on.

    I also think every abortion that happens is also similarly unfortunate. It is sad to see them happening. A "shame" if you like. But that does not mean they should not be allowed to happen when people genuinely seek them or even need them.
    recedite wrote: »
    it is not human. We assign more rights to humans than to other life forms. Just because we are humans ourselves.

    That may be how it is, but it is certainly not how I believe it should be. Human Hubris is not a sound foundation for building moral arguments. It is just the ultimate in bias, not just arrogance or selfishness. And it is not future proofed in terms of AI or alien life. It is not an approach that informs us on how to treat AI, alien life, or other life on our planet. It does not inform us which life is more important than another on our planet.

    But interestingly people DO act in accordance with the kind of thing I am describing even if they do not openly acknowledge it. For example ask people (in the abscence of the chance to test it directly) what they would save running out of a burning building. A cat or a spider. I have yet to find anyone say spider.

    Then when I mediate the question to test that result..... by switching in two other animals, or multiple animals (people generally still pick the cat over 10,000 spiders for example) the results fall on a very particular spectrum. That spectrum being that the animal with the higher capacity for sentience is always the one picked, even if there is a large multiple of the less sentience animal. Showing that A) Sentience generally is important to people and B) even one instance of a higher sentience is deemed more worthy of saving than 10,000 instances of a lower.

    So I am not sure I buy what you are saying. I think the idea we apply higher rights to human just because we are human is a narrative that simply has not been tested. Because there has not BEEN an entity of equivalent sentience to ours to test it. Nor will there be until alien life, or AI, steps in to test it.

    But we are splitting hairs here in the end because we are now moving away from the core premise which is that, regardless of WHY we elevate human sentience over any other, there still is no argument to A) afford rights to something not sentience or B) to claim that we have any onus to help any particular non-sentient entity to realize sentience.
    recedite wrote: »
    The potential is there, and as you say we can't say there is an exact moment when the colour red turns to orange.

    No, but for the purposes of abortion we do not need to. Because we CAN say when it is red and when it is orange. And the near totality (approaching 98% in or before week 16 of gestation) of abortions by choice occur very firmly in the time line LONG before we have any concerns that sentience could possibly be on line at any level at all.

    We are talking 100% of our current data here. EVERYTHING we know so far about consciousness and sentience tells us there simply is NO REASON at all to expect it in such a fetus. There simply is no argument, evidence, data or reasoning on offer anywhere to suggest there is even a modicum of cause for concern in this regard. The lights simply are not on, and on one is home, in such a fetus.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    you can campaign for that if you wish, i won't be joining you.

    Why not? Why are those human lives worth less?


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  • Closed Accounts Posts: 13,989 ✭✭✭✭recedite


    regardless of WHY we elevate human sentience over any other, there still is no argument to A) afford rights to something not sentience
    Because it is human?
    I think you are using this non-sentience thing to deny the humanity of the unborn human. Even if it is assumed that the foetus is not a thinking self aware creature, which seems a reasonable supposition, it is still human.
    Which takes us back to the "person in a coma" analogy.
    or B) to claim that we have any onus to help any particular non-sentient entity to realize sentience.
    Well I did say No. I agree there is no onus if that entity is non-human. Or not even a life form, as in your AI example.


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