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From: rlr@pyuxd.UUCP (Rich Rosen)
Newsgroups: net.abortion
Subject: Re: dogs, cats, and kids
Message-ID: <1872@pyuxd.UUCP>
Date: Sat, 12-Oct-85 13:04:45 EDT
Article-I.D.: pyuxd.1872
Posted: Sat Oct 12 13:04:45 1985
Date-Received: Mon, 14-Oct-85 03:59:49 EDT
References: <739@ttidcc.UUCP> <654@ccice2.UUCP>
Organization: Whatever we're calling ourselves this week
Lines: 36
Keywords: person, Arizona Supreme Court

> 	"The Arizona Supreme Court has ruled unanimously that a 
> 	viable fetus, even though stillborn, is a person under the law
> 	for the purposes of making a wrongful death claim in a
> 	malpractice suit. In a decision that the plaintiffs' attorney
> 	said would set an important precedent, the court held that
> 	
> 		"There is no logic in the premise that if a viable infant
> 		dies immediately after (BEFORE?) birth in is not a 'person' but
> 		that if it dies immediately after birth it is a 'person'."

I think it should be noted that right here, the point I have trying to make
for six or forty odd months has been substantiated from a legal persepctive
by a supreme court of one of our states of the union.  Note that they used the
phrase "viable fetus" and "viable infant".  Clearly they are making a
distinction between viable and non-viable entities.

A couple of definitions of the word viable that seem most appropriate here,
in case anyone doesn't have a clear idea on what "viable" means:

	- capable of living, esp. born alive with such form and development of
		organs as to be normally capable of living
	- capable of existence and development as AN INDEPENDENT UNIT (!!!!!!)

I guess the Arizona Supreme Court must be reading my articles, since according
to so many who have posted to this newsgroup, I am the only one who holds this
"silly" position.  The difference between viability and non-viability is
crucial in determining "life"-hood, in terms of life as a human being.
It's nice to see that that distinction was made in this case, since indeed it
may be an important precedent, distinguishing between viable entities and
non-viable entities.
-- 
"I was walking down the street.  A man came up to me and asked me what was the
 capital of Bolivia.  I hesitated.  Three sailors jumped me.  The next thing I
 knew I was making chicken salad."
"I don't believe that for a minute.  Everyone knows the capital of Bolivia is
 La Paz."				Rich Rosen    pyuxd!rlr