What is a person? Our
debate defining ‘person’ is emotionally charged and rarely logical. Words like ‘baby’, ‘corporation’, ‘human’,
and ‘person’ are used interchangeably. We
all may have an opinion, but there is no common agreement on what is a person.
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Is he a person? |
Historically women and slaves have not been considered
persons, even in my own country. Others
wish to consider animals as persons and wish to grant them moral and legal
rights. Science mixes it up with
tradition, religion, and law to give us a mind-numbing view of what a ‘person’
is.
When we have an opinion and seek facts to prove it, we are
not being honest with truth. Only when
we seek facts first and keep an open mind can we seek truth. Let’s examine some facts then consider what
we mean when we say ‘person’.
Person
There is no legal definition of person agreed upon by states
or nations.
In most societies today adult humans are usually considered
persons.
If you look-up dictionary definitions of human and person
they are circular. A
human is a person and
person is a human.
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Frederick Douglass was not a person until he bought it. |
To many a ‘person’ can include non-human entities such as
animals, artificial intelligence, or extraterrestrial life.
There are even legal definitions that include entities such
as corporations, nations, or even estates in probate as ‘persons’. In some legal definitions those with extreme
mental impairment or lack of brain function have been declassified as ‘persons”.
Religious fundamentalists want to push the definition of person to the moment of conception.
Meanwhile science is struggling to find a clear definition
of what constitutes a human.
Some lawyers and politicians maintain that corporations are
legally persons.
Legal Definitions
Initially, only
white males over 21
years old who owned property were considered persons in the
United States. Individual states were allowed to determine
how much property they must own to achieve personhood. All others, including the young, poor, women,
slaves, and indentured servants were legally considered less than people.
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Are corporations persons? |
There has been a long struggle across the world to expand
the definition of what it is to be a person. In the United States, slaves became
persons with the passing of the 13th Amendment. Women became persons
with suffrage.
Today, children are not considered full persons before the
law, only partial persons. Their rights
are limited and controlled until they reach 18 or even 21 years of age. Voting, driving, and even the freedom to be
alone are controlled for children by law.
In 1819 Dartmouth College was granted an initial form of person status
as a corporation with Dartmouth
v. Woodward. Later rulings have expanded
the definition of corporations giving them many of the legal rights as
persons.
In our most recent election for President
one
candidate even declared “corporations are people, my friend.” He meant that corporations are a means for
people to enact their powers as persons.
Corporations are widely considered to be owned as property
by people and therefore are an extension of the persons who own them. With multi-national and stock owned
companies, the line between what constitutes a person is legally blurred.
Embryo
Conception occurs at the meeting of sperm and egg. After cells begin dividing they are known medically
as an
embryo. At conception a single cell has human genetic
material. If no replication errors
occur, there is a potential that an embryo cell will develop into an adult
human being.
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Is an embryo a person? |
“The right to life begins at conception. All human beings, at every stage of development, are unique, created in God’s image and shall have equal rights as persons under the law.”
Recent attempts to define embryos as persons have run
against
In Vitro
fertilization technology. Couples who have difficulty reproducing may use In Vitro fertilization to generate 15 (or more) embryos. Two or three of those embryos are then implanted into a woman’s womb. The remaining embryos are kept in storage or
destroyed. Defining an embryo as a
person classifies this technology as murder.
Others are claiming that a distinction can be made between In Vitro and sex-based fertilization, by denying person-hood to what they call ‘
pseudo-embryos’.
Stem cells are cells that can become any other cell. Stem cells can theoretically be used to clone
a human being. Embryos created using cloning technology could also be granted person status.
Many nations are actively working on an
international ban for
cloning humans.
Another consideration about embryos as having life is an
often unconsidered moral dilemma. If a In
Vitro fertilization clinic is burning and you only have time to save the
technicians inside or the embryos in the freezer, which would you choose? The most popular choice by far is the
technicians, yet thousands of embryos would cease to exist.
Fetus
At nine weeks, the embryo is redefined to be a fetus. Human-like features only begin to appear
after this point of development. In the
first trimester all mammals appear similar. There are no uniquely human characteristics
that can be observed until the second trimester begins.
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Is a fetus a person? |
The Catholic Church has legally
argued for
fetuses to be considered persons. Lawyers representing the Catholic Church have also
argued
the opposite case that fetuses not to be considered persons.
Often the debate about a fetus being a person struggles
around the issue of when human thought starts.
Brain waves do not start until the 30th week of
pregnancy. Brain waves are not a sign of humanity, rather of animal-like brain
function. Cats, mice, elephants and
human fetuses are highly similar in brain function at this time.
Some have been pursuing a definition of a person that
starts at independent viability, when a body can live outside of its
mother. These advocates claim that the
fetus is a part of the mother until it separated from her body.
Some technologies have been developed that can substitute
for a womb, however prior to nine months of development, death outside the womb
without these tools is almost certain.
Fetuses are generally not able to live outside the mother until birth.
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Most agree babies are persons |
Baby
Medically, upon leaving the womb a fetus is redefined to be
a baby.
It is scientifically inaccurate to use the word ‘baby’ when
referring to an embryo or fetus. While
this may be emotionally satisfying or appeal to our paternal or maternal
instincts, it is not a factual scientific or correct legal definition.
Religion and Spirit
Some religions, like Sunni Islam and fundamentalist
Christians, claim that souls are attached to bodies at conception and are therefore
persons.
Jewish law defines the legal status of a
person at birth, claiming that a fetus is not yet a person until the umbilical cord is cut.
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Sunni Islam maintains persons start at conception |
There is no scientific evidence that a soul is attached to a
developing human at any point in the development process, embryo, fetus or
baby. Only religious claims based upon
faith use this terminology, not the law or science.
Attempts to use the religious doctrine of some to make law
for everyone are the equivalent of trying to establish religious law. In the United States this is expressly
forbidden by the constitution which states:
“Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof”.
A Fourteenth Amendment was
passed to say that rule is also applied to individual states.
Since not all religions or even sects within a religion agree on person-hood, no one church can say what a person is for all persons, only their own.
The
US
Supreme Court has made it clear that until objective evidence can show a
soul is attached to a body, declaring an embryo as a person will remain a
matter of religious opinion and not law.
Animals
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Are dolphins persons? |
Some view
animals as
persons. They advocate vegetarian
diets and rights for animals. Some even
go as far as advocating non-violence on animals. While it may seem extreme, their moral and
logical arguments are worth considering in our quest for a definition of what
is a person.
Gary
Francione thinks we should go so far as to enact animal welfare laws.
Desiring protection for a special subset of non-human
species, they wish to see rights defined for animals like chimpanzees,
elephants, dolphins and even some birds.
They claim that if we would not do it to a human, we should not do it to
these animals either.
If we were to make a genetic modification to an animal, like
we do with engineered plants today, that allowed them to speak with us even in
a limited way; would we start to see them as persons?
Science
The debate in science about defining person is not from over
by a long shot. Several definitions have
been tried and each has failed in its turn.
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Birds use tools, have language, and act morally |
At one time, persons were those who used
tools. Evidence that birds, primates, and other
species built and used tools took this definition away.
For many years
language was seen as
the division between person and animal.
Slowly dolphins, chimpanzees, crows, and even ants were seen to have
language. Language alone can not be used
a definition for what is a person
Morality
is often used as a way to separate humans as persons from other animals. This definition is under serious threat as
sharing, fairness, and even intentional self-sacrifice is documented in
animals.
If we could create a clone from a Neanderthal or Cro-Magnon
would we consider them a person?
If we meet an alien life form that can think, communicate,
and has morality would we give it rights as a person?
How much of a brain can be taken away before stop
considering a human body to be a person?
If the brain mostly dies and the body is kept alive by machines, are
they still a person?
Conclusions
We do not share a common definition of what a person
is.
Science provides no clear definition. Religious views vary. The law adds entities that disturb us. New technologies will push the boundaries
even further.
For any one of us to claim they have the one and only answer
is only opinion. There are no clear
facts defining person-hood.
Attempts, largely by religious fundamentalists, to enshrine their
opinions into law, will fail.
Perhaps we should simply admit we are not sure? Perhaps we should allow ourselves to be more
open to others views?
We single persons do not have the right to pick for all
other persons what a person is and what a person is not.
Extending compassion and understanding seems like minimal
steps for persons to share.