Defining Life from the Perspective of Death: An Introduction to the Forced Symmetry Approach
Kirsten Rabe Smolensky
University of Arizona - James E. Rogers College of Law
University of Chicago Legal Forum, 2006
Arizona Legal Studies Discussion Paper No. 06-29
Depending on one's perspective, human life may begin at conception, when a fetus's heart starts to beat, when electrical activity commences in the fetal brain, at quickening, at viability, at sentience, at birth or with the development of self-consciousness. Life, much like death, is probably best described in many disciplines as a process. The law, however, needs life to be defined as a moment in time. Currently, the law does not provide a consistent definition of life, but it does provide a fairly consistent definition of death. This paper explores various ways to define life, relying in part on the current legal definition of death. In particular, the paper explores the debated symmetry between brain death and brain life and advocates a forced symmetry approach for thinking about the legal definition of life and the abortion debate in a renewed light.
Number of Pages in PDF File: 45
Keywords: life, death, legal definitions, brain dead, abortionAccepted Paper Series
Date posted: August 18, 2006
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