Abortion

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Who is being banned from having children? I said that selection of certain genetics harms a child, I didn't say people weren't allowed to have children. Even if we're not talking raising children (such as through adoption), you can still biologically procreate by borrowing genetics from other places. The only thing our huntington's example would be doing is preventing the use of that person's particular genetic material in the creation of a child.

OK, perhaps there's a misunderstanding around the phrasing "having children". At least in Australia/NZ, this pretty exclusively refers to giving birth to children that are genetically related to you. No adoption, no sperm donors, no funny business.

Given that that's what I was referring to with "having children", you can see how your Huntington's example bans that person from giving birth to a child that is biologically related to them.

Well I'm glad we can focus on this and not the entire concept. So in principle, we agree that choosing to create a child which is harmed should be prevented, it's just a matter of degree.

Look, I'm not 100% sold but that's not really the point. The point is that to further the discussion and allow you to define this more in such a way that I might be convinced, I'm willing to grant you this as a foundational statement.

I think I've been careful to avoid saying that abortions should be required. I'd say my position is more like: if it can be determined that you knew you had a high likelihood of passing on huntington's disease, and you chose to create a child anyway, and if that child is afflicted with huntington's disease, you have committed a crime. The crime of negligently risking afflicting a child with huntingtons.

Sure, poor wording on my part.

The fact that you did it before the child was born is not particularly relevant to me. I'd be interested to see if someone can demonstrate why it should be. If your child was born without huntingtons and you opted to give it huntingtons, that would be a crime would it not? Would it not also be a crime to subject the child to a 50% chance of receiving huntingtons?

Well, genetic disorders don't work like that (as I'm sure you're well aware) but let's assume that you could give a healthy child Huntington's. Yes, that would be a crime, but I think that's a distinct case for reasons that I hope will become clear below.

It would be a matter of "what did you know", "how great was the risk", and "how demonstrable is the harm". Which is basically the case in all legal analysis. You'd need to show intent, or reckless disregard for consequences, and significant demonstrable harm to the child.

I think the last two quoted portions both sort of tie into an interesting philosophical point. Let's see if I can explain this without disappearing totally up my own butthole.

The idea of someone causing harm relies on the idea that there could have been an alternate state of affairs where different actions meant that the harm didn't occur. That seems obvious, but bear with me.

When we're talking about unborn children or foetuses with some genetic disorder, there is no possible state in which that child exists but without that genetic disorder. In much the same way as I am not my brother, a child with a genetic disorder either exists with that disorder or they don't exist at all. There is no reasonable way you could make a statement in court along the lines of "well Your Honour, if my parents hadn't done X then I wouldn't have this genetic disorder". If you didn't have the genetic disorder, you wouldn't be you.

And you can't say because you didn't get pregnant in February that same baby was waiting until March when you did get pregnant. Those were different potential people with different genetics. It's not a DND character where you get to keep rolling stats until you get ones that you like. I'm sorry if that's flip or dismissive sounding, but I feel like that image best conveys the misconception that I think is happening here. Every child, potential or otherwise, is unique and cannot be separated from their genetics.

Harm does not exist in the same way as we commonly understand it when you're talking about things like genetics that are fundamental to a person's self, because removing those things is not and was never an option for that particular individual. The only option that was ever available was not having the baby or having it terminated, and realistically that same option to render themselves non-existent is always available to the person themselves (ridiculous anti-suicide laws and such notwithstanding).

This gets even weirder again because a non-trivial portion of these disorders end up with impaired intelligence and/or perception, so it gets real in the weeds if you're in a court trying to get a meaningful opinion out of such a person as to whether they would prefer to have never been alive. But on the other hand, at least in that sense they are given a chance to voice their opinion rather than simply never existing at all.

This starts to get into why I think "harm" here is not something to be handwaved. This is not something that is particularly analogous to "traditional" harms like property damage or personal injury, it needs to be treated at the unique situation it is and explained with care and precision. Because the potential here is that this is just eugenics in disguise.

Eugenics as a word has a lot of negative baggage associated with it, but in a modern sense I don't think it's necessarily something that should be dismissed offhand. I'd be more than happy to have a discussion around whether there are reasonable ways in which the genetic pool can be cultivated to improve the society without violating people's rights. But if that's what we're talking about then I'd prefer that we call a spade a spade instead of dressing it up as preventing harm to children.

One way to do it without the creation of new laws would be the one I alluded to with the botched abortion case. Let an afflicted adult bring a suit or case against their parent for their parent's harmful choices which have left them with a significantly diminished quality of life. There are a few obvious problems with that, one of which is that some children can be so afflicted that they do not survive to adulthood. And also that people can be so afflicted that as an adult they are incapable of taking action. In fact, I suspect that in many cases in the US, the person who made the decision to afflict their child with such a disease (or take that risk) can end up that child's legal guardian throughout their entire life.

In that situation I think it would make sense for the state to bring the case against the parent, even while the injured party is a minor.

Either that can be done now or it would require the creation of new law. I suspect it's the latter in the vast majority of jurisdictions. Civil law is still law.

It's more difficult to argue that people should be prevented from doing it in the first place, since the parent can argue all sorts of things, including that the risks are not correctly calculated, or that the test was faulty, etc. But if they have the information, and they act, and it turns out that harm did actually result, it's harder to argue those things. There's just a more clear legal case.

Agreed. But I think if you can establish the case for an early viable pregnancy with a reliable test indicating that a genetic disorder is present, then it's not a big reach to work that back to cases where the genetics of the parents would have a high chance of resulting in a child with a disorder.

How about someone does drugs while pregnant and gives birth to a baby who has NAS, and lives a short life of pain, seizures, and ultimately dies. Any crime there?

I think this definitely feels like it should be a crime, and it certainly works better with regards to a more traditional view of harm as discussed above. If the mother hadn't done drugs, the same child would have been born but without the damage from the drug taking. No problem, the mother's actions caused objective harm to that specific child.

I think this can also be viewed in a similar way to standard requirements for parental care. As a parent, you have a certain duty to do your best to provide a safe living environment for your child. In the case of a foetus, this child happens to be intimately connected to your body and dependent upon it for support. There is going to be some reasonable concessions that you may be expected to make for the duration of the pregnancy to ensure that your womb is not an actively damaging environment, such as not taking certain drugs.

But this is another case where a clear action results in the difference between a child with damage or injury and one without. With a genetic disorder, there is no action that you can take that will result in that child existing without a genetic disorder. Is it harm worthy of compensation or justice when there was no way that the "harm" could have been avoided short of ensuring that particular individual didn't exist?
 
OK, perhaps there's a misunderstanding around the phrasing "having children". At least in Australia/NZ, this pretty exclusively refers to giving birth to children that are genetically related to you. No adoption, no sperm donors, no funny business.

Given that that's what I was referring to with "having children", you can see how your Huntington's example bans that person from giving birth to a child that is biologically related to them.

I knew that's what you meant. That's the general use of the phrase here as well. I was making an important distinction because it dramatically undermines your point.

Well, genetic disorders don't work like that (as I'm sure you're well aware) but let's assume that you could give a healthy child Huntington's. Yes, that would be a crime, but I think that's a distinct case for reasons that I hope will become clear below.

Why? Elaborate on this. Why is it a crime to give a child Huntington's after it is born vs. before it is born. I know your answer on this is based on what's below, but you'll probably not be surprised that it is wholly unconvincing to me.

I think the last two quoted portions both sort of tie into an interesting philosophical point. Let's see if I can explain this without disappearing totally up my own butthole.

The idea of someone causing harm relies on the idea that there could have been an alternate state of affairs where different actions meant that the harm didn't occur. That seems obvious, but bear with me.

When we're talking about unborn children or foetuses with some genetic disorder, there is no possible state in which that child exists but without that genetic disorder. In much the same way as I am not my brother, a child with a genetic disorder either exists with that disorder or they don't exist at all. There is no reasonable way you could make a statement in court along the lines of "well Your Honour, if my parents hadn't done X then I wouldn't have this genetic disorder". If you didn't have the genetic disorder, you wouldn't be you.

And you can't say because you didn't get pregnant in February that same baby was waiting until March when you did get pregnant. Those were different potential people with different genetics. It's not a DND character where you get to keep rolling stats until you get ones that you like. I'm sorry if that's flip or dismissive sounding, but I feel like that image best conveys the misconception that I think is happening here. Every child, potential or otherwise, is unique and cannot be separated from their genetics.

Harm does not exist in the same way as we commonly understand it when you're talking about things like genetics that are fundamental to a person's self, because removing those things is not and was never an option for that particular individual. The only option that was ever available was not having the baby or having it terminated, and realistically that same option to render themselves non-existent is always available to the person themselves (ridiculous anti-suicide laws and such notwithstanding).

This gets even weirder again because a non-trivial portion of these disorders end up with impaired intelligence and/or perception, so it gets real in the weeds if you're in a court trying to get a meaningful opinion out of such a person as to whether they would prefer to have never been alive. But on the other hand, at least in that sense they are given a chance to voice their opinion rather than simply never existing at all.

This starts to get into why I think "harm" here is not something to be handwaved. This is not something that is particularly analogous to "traditional" harms like property damage or personal injury, it needs to be treated at the unique situation it is and explained with care and precision. Because the potential here is that this is just eugenics in disguise.

Eugenics as a word has a lot of negative baggage associated with it, but in a modern sense I don't think it's necessarily something that should be dismissed offhand. I'd be more than happy to have a discussion around whether there are reasonable ways in which the genetic pool can be cultivated to improve the society without violating people's rights. But if that's what we're talking about then I'd prefer that we call a spade a spade instead of dressing it up as preventing harm to children.

But this is another case where a clear action results in the difference between a child with damage or injury and one without. With a genetic disorder, there is no action that you can take that will result in that child existing without a genetic disorder. Is it harm worthy of compensation or justice when there was no way that the "harm" could have been avoided short of ensuring that particular individual didn't exist?

You probably knew before writing this that I am aware that this is how genetics works. I'm well aware that if you give a child different genetics to start with, they're not the same individual. Likewise if you simply choose to not have a child, it is not the same child. There was no possibility of that specific child being "normal" or healthy, because the disorder we're talking about is a genetic disorder. Alter the genes, not the same kid.

Yet, you still choose to create that kid with that disorder. The disorder is harming that kid. If I wanted to get cute, I could start talking about how the kid born to the woman who does drugs during pregnancy could never have existed any other way because that kid is going to be born to that mom who was a drug user. Take away her decision to do drugs, and she's a different person. Hell the particular genetic combination may have been influenced by drug use in the first place. Different sperm survives the swim due to the lack of presence of cocaine, and suddenly it's a different kid.

Bottom line, we're talking about choosing to inflict a genetic disorder (or high risk of a genetic disorder) on a kid. It does not matter if you want to identify the kid by the genetic disorder, it's still a choice to inflict that disorder on that individual. If you want to call it eugenics, that's fine with me. I'm not squeamish about this subject.

Also, suicide can't necessarily undo the harm. We could get further cute about the ways that suicide could undo harm in other crimes as well, but it's not an escape route in this case or those.


Either that can be done now or it would require the creation of new law. I suspect it's the latter in the vast majority of jurisdictions. Civil law is still law.

Different interpretation of existing law would suffice. It's not done now because we don't interpret the law that way, not because we lack for statutes for negligence and harm.

I think this definitely feels like it should be a crime, and it certainly works better with regards to a more traditional view of harm as discussed above. If the mother hadn't done drugs, the same child would have been born but without the damage from the drug taking. No problem, the mother's actions caused objective harm to that specific child.

So I think based on the above you can see how there is an argument that it's not that specific child. But beyond that, you don't know how the child would have been born without the drug use. You don't even know for sure if the child would have been born without the drug use, perhaps drug use was integral to conception. Alternative histories or timelines are not particularly helpful or relevant here. What we do know is that a child is born with specific harm, and that this harm occurred as a direct result of the negligent decisions of the mother.
 
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I knew that's what you meant. That's the general use of the phrase here as well. I was making an important distinction because it dramatically undermines your point.

Adoption and genetic donors are not a replacement for one's own biological child. I'm not seeing how you undermined anything, my point was that people are unable to have children in the specific sense of having their own children. Nothing you wrote disputes that.

We can argue about why it shouldn't be important for people to have their own biological children, but it seems to be true and I'm not sure you'll find many people or much evidence to the contrary. People are more attached to children that are directly related to them, and this sort of makes sense in evolutionary terms. Your genes survive better if you're emotionally attached to seeing them survive and prosper.

If your proposed law would make some people unable to legally have their own biological children, that is an issue that probably deserves at least a minimum of consideration.

Why? Elaborate on this. Why is it a crime to give a child Huntington's after it is born vs. before it is born. I know your answer on this is based on what's below, but you'll probably not be surprised that it is wholly unconvincing to me.

Mate, I wrote 560 words in the next part below that elaborating on the difference between situations where there are different possible outcomes based on a person's actions versus situations where there is only one possible outcome regardless of action.

If you don't understand, tell me what you don't get and I'll try and explain better. If you find it unconvincing, tell me why so that we can discuss it. Don't tell me "write more" when I already wrote a buttload.

Yet, you still choose to create that kid with that disorder. The disorder is harming that kid.

And this is why a clear definition of "harm" is so important. I've explained at great length why I don't think this is harm, and why this is an innate part of that particular person. Yes, a person with Huntington's or another genetic disorder is going to have a profoundly harder time than a genetically typical person, but that is who that person is.

The choices are have a kid who will have a tough life, or not have the kid at all. And both of those seem like defensible positions to me. We're not arguing that poor people in third world countries shouldn't have kids because they'll have to work in sweat shops and probably die young of stepping on a mine or something. They'll have a much harder life than you or me in a first world country, but that's not sufficient reason to deny them life outright.

If I wanted to get cute, I could start talking about how the kid born to the woman who does drugs during pregnancy could never have existed any other way because that kid is going to be born to that mom who was a drug user. Take away her decision to do drugs, and she's a different person.

No. That's not how free will and choice works. This whole discussion is premised on the assumption that you have free will and the ability to choose. The mother can make her choice of how she behaves, and the impact of her choices on her child is what we're discussing.

Hell the particular genetic combination may have been influenced by drug use in the first place. Different sperm survives the swim due to the lack of presence of cocaine, and suddenly it's a different kid.

This seems like a massive reach, but okay, let's look at it.

This is why I think you start by sorting out the case where the genetic disorder is detected after pregnancy and the choice is to abort or not. If you can reason your way through that, then you apply the same reason to the risks pre-pregnancy. Those risks can include known genetic disorders in the parents, and external factors that might have an effect like drugs or high radiation exposure.

Ultimately, this turns out to be a red herring. It doesn't change anything. Whatever factors there are that affect which sperm gets to the egg, one of them does and then that's the hypothetical child we're talking about. If factors are changed, then you scrap and restart your reasoning from the beginning with the new information instead.

In any given case you're talking about one specific and well defined set of circumstances, not a grab bag that you get to change around after the fact to invalidate the reasoning.

Bottom line, we're talking about choosing to inflict a genetic disorder (or high risk of a genetic disorder) on a kid. It does not matter if you want to identify the kid by the genetic disorder, it's still a choice to inflict that disorder on that individual.

Your choice of language is betraying that I'm still apparently not explaining this well. You cannot "inflict" a genetic disorder on this hypothetical child that we're talking about. The child comes with the genetic disorder, just like they come with blonde hair and blue eyes. It is part of them. You can choose to have that child or not, but there is no part in which the parent is actively inflicting anything on the child.

Let's put the scary inherited disorders aside and see if I can use a different group of genetically related disorders to explain this mindset better.

In the community of certain subsets of mental health disorders there is quite a lot of discussion around specifically how those disorders are perceived and treated. There's a whole group of mental health disorders like Tourettes, autism and ADHD that have at least some genetic component. They're ultimately caused by the brain being physically different to "normal" people and once they develop there isn't really any chance that they ever go away or are cured. You can manage the symptoms, you can learn coping techniques, you can modify your body's chemical makeup with drugs, but ultimately that disorder is a part of your self and you either lean into it or deal with the consequences of trying to fight your brain every single day. The consequences tend to be even more mental health problems like depression and anxiety, or destructive coping mechanisms like addiction or self-harm.

Let's take autism as our example. Neurotypical people often see symptoms of autism as problems to be fixed, and there's some pretty profoundly damaging stuff that gets done to kids that have autism in order to try and train them out of the gross symptoms. For example, Applied Behavioural Analysis for autistic kids can be and often is done really badly. Some of it is not that dissimilar to gay conversion therapy techniques, and I doubt either one of us thinks that's a good idea.

Instead of seeing a "disease" to be "cured", the right thing to do is accept that neurodivergent kids are actually just different people. You can make accommodations where you can, and help give them skills to interact with the real world for the time when accommodations aren't available. Sometimes an autistic adult is going to have to go into a busy and crowded bank to get stuff done, and they need techniques to help them get through that in ways that a neurotypical person wouldn't even consider. This doesn't mean that they're ill or damaged, just that their brain works differently.

And so you end up with this mindset that the "disorder" is actually just a part of the person. It's not unlike if they were short and needed ladders and stools all the time. So instead of seeing autism as some harmful flaw that needs to be fixed or removed, this is just part of who they are and it means that sometimes they need a little more help than others. They may have (read: almost certainly will have) a harder road than a neurotypical, but that doesn't mean that they don't deserve a shot at enjoying life just like anyone else.

So rolling this back to the original topic, maybe we can slot one of these big ticket genetic disorders in there instead of autism. A kid with Huntington's can have a fulfilling life just like anyone else, but there are going to be differences. They may die early, or they may be one of the lucky ones who lives a normal lifespan. They may have severe symptoms and require significant care in their later years, or they may be mostly or entirely asymptomatic. And the fact is that in almost all cases they'll get a normal childhood and early adulthood before symptoms start kicking in and they have to adapt to manage that. It is not misery from the moment they're born. This is who they are, and it's part of their road through life.

Do you understand why I'm trying to steer you away from these concepts of harm and inflicting damage? They're not the only way to view the situation. They're the common way that people who don't have to personally deal with disability mistakenly view disabled people, and they tend to lead to some pretty poor outcomes for the actual disabled people.

While we're here, I'd like to propose that you switch out Huntington's as your core example. It's really just not that bad, and it doesn't at all line up with the idea that the parents are signing their child up for a life that cannot help but be awful.

I think a better example is something like lissencephaly (which I only know about because my landlord just happened to send me an email for a fundraiser for a local girl that has it, I'd never heard of it before). Sez Wikipedia "Many individuals remain in a 3–5 month developmental level. Life expectancy is short and many children with lissencephaly will die before the age of 10. Some children with lissencephaly will be able to roll over, sit, reach for objects, and smile socially."

Now that sounds :censored:ing rough. I think there's a much stronger argument for not giving birth to a child with a disorder like this that will never let them develop into a functional human being and will spend basically all of their short life just fighting to stay alive.

But still, that is them. How do you balance how much suffering and difficulty is reasonable for whatever joy someone may get from simply being alive? How do you say with authority "no, you will have too much of a bad time, you don't even get to try"? And this is why you need to be able to be specific about what it is that you're using to determine that someone would be better off not existing than being born.

Also, suicide can't necessarily undo the harm. We could get further cute about the ways that suicide could undo harm in other crimes as well, but it's not an escape route in this case or those.

Again, it becomes about the harm. I keep asking you to be more specific about this.

What is harm to you?
What harm is a Huntington's child having inflicted on them?
How would their life be different if this harm was not inflicted?

Suicide can't undo harm, but it's a way to stop harm at any point that is directly comparable to the "solution" that is being proposed pre-pregnancy or during pregnancy. People do kill themselves because their lives are so miserable that they would rather simply not be. That is them making their own choice, rather than some authority figure who has never experienced what they experience making it for them.

The existence of suicide as an option means that we can have something between "no birth at all" and "an entire life of misery". It's a way off Mr. Bones Wild Ride, and so you can potentially have "no birth" versus "some misery + the individual gets to choose whether to continue". It is absolutely an escape route for those who wish to use it.

I place a lot of value on individuals getting to choose for themselves, particularly with regards to whether they exist or not. That seems like a good one to get to have a say in.

So I think based on the above you can see how there is an argument that it's not that specific child. But beyond that, you don't know how the child would have been born without the drug use. You don't even know for sure if the child would have been born without the drug use, perhaps drug use was integral to conception. Alternative histories or timelines are not particularly helpful or relevant here. What we do know is that a child is born with specific harm, and that this harm occurred as a direct result of the negligent decisions of the mother.

What? What do you mean it's not that specific child? You asked me a question about a specific child in a situation that you spelled out. If the situation is different, then maybe my opinion is different.

Come on, man. You're not Dotini to be flip flopping your hypotheticals around. You know better than to try and take my narrow response to one highly specific question and try to spread it as if it applies to everything. You've written multiple posts about steelmanning. I'm doing my best to try and understand where you're coming from an explain how my opinion differs on a very slippery subject (and not doing very well it would seem), and it feels like you're looking for ways to undermine me rather than engage with what I'm trying to say. Help a brother out.

And yeah, in that specific case there was harm (and harm in the particular way that I spent 560 words defining it) caused by the mother. I don't think we agree on what constitutes harm, and so I'd appreciate at some point if you'd spend a little time explaining more about how your definition of harm differs from mine.
 
Apologies for "late" post

So, no eugenics after all, then?

Advocating against testing is harmful. The rest is just speculation as far as I can see. Without hard evidence I don't see how the NHS can act.

This depends on your definition of eugenics. Why are we throwing out a respect for a patient's autonomy in making a conscious decision when discussing screening? You talk about speaking against testing but my example is showing what is happening to people who have already declined testing. They've made their - we presume - informed choice and are feeling pressure to get testing. Ask yourself why they are being pressurised in this way - especially when considering 90% choose to abort following a DS diagnosis. You ignore the video talking about the unremittingly negative outlook given to expectanct parents as well as the sometimes repeated offerings of a termination so maybe you'll see how pressure manifests from this page detailing the experiences of those found in the report. Can you imagine the parents of a "healthy" baby being told at 38 weeks they can still abort if they wanted to?

There's a really good, balanced article on the current state of DS babies in the Atlantic

I also find it deeply ironic that DS individuals may hold the key to one of the most devastating illnesses we face as a civilisation and our best hope to combating it may die with them
 
With all this evidence the NHS should be changing their non-existent unofficial policy to eradicate all Downs Syndrome babies immediately.

Except that it all seems to be anecdotal testimony from people in advocacy groups. Is there any hard data to support the claim that this is NHS policy? Without that I'm not sure what they should be doing to change the situation which doesn't involve withholding information from parents.

This seems to me like an even weirder hill to die on than the statues thing.
 
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We're getting wrapped around the axle. I'm going to try to consolidate a little bit. Let's start with formalities:

I'm not seeing how you undermined anything, my point was that people are unable to have children in the specific sense of having their own children. Nothing you wrote disputes that.

What do you mean "your own". An adopted child is "your own". Donor genetics is "your own". Do you mean that has your genetics? Why do people have a right to propagate their genetics?

Adoption and genetic donors are not a replacement for one's own biological child.

I think this is based on the misconception below:

People are more attached to children that are directly related to them

Where does this nonsense come from? I apologize for calling it nonsense, but it is. Do you have any evidence to support this? I have 3 kids, I cannot imagine being more attached to them if they got some of the genes we share directly from me. And I cannot imagine being less attached to them if they shared fewer genes with me. My attachment to them is not based on their genes at all. Hell I'm attached to my dog, and I don't share very many genes with him (at least by comparison).

Do people get more attached when they're inbred? Because inbreeding would increase the percentage of shared genes with offspring...

, and this sort of makes sense in evolutionary terms. Your genes survive better if you're emotionally attached to seeing them survive and prosper.

Emotional attachment to offspring occurs a little differently than that. The evolutionary mechanism is still satisfied even without the genetic similarity. Check out the cuckoo bird if you want to see an interesting example of the abuse of parenting instincts sans genetic relationship in nature.

Mate, I wrote 560 words in the next part below that elaborating on the difference between situations where there are different possible outcomes based on a person's actions versus situations where there is only one possible outcome regardless of action.

If you don't understand, tell me what you don't get and I'll try and explain better. If you find it unconvincing, tell me why so that we can discuss it. Don't tell me "write more" when I already wrote a buttload.

I addressed those words, and said that I was looking for some other motivation, because the 560 words were directed to an argument I didn't find convincing. It's ok if you don't have another reason. Your response here is to double-down on that main argument. So I guess you need me to address it more in depth.


The existence of suicide as an option means that we can have something between "no birth at all" and "an entire life of misery". It's a way off Mr. Bones Wild Ride, and so you can potentially have "no birth" versus "some misery + the individual gets to choose whether to continue". It is absolutely an escape route for those who wish to use it.

Not what I meant by escape route. Suicide is an important option. I meant that it's not an escape route for the conversation.

======================== End of Formalities

Let me idenitfy your arguments:

And this is why a clear definition of "harm" is so important. I've explained at great length why I don't think this is harm, and why this is an innate part of that particular person. Yes, a person with Huntington's or another genetic disorder is going to have a profoundly harder time than a genetically typical person, but that is who that person is.

The choices are have a kid who will have a tough life, or not have the kid at all.

This seems like a massive reach, but okay, let's look at it.

This is why I think you start by sorting out the case where the genetic disorder is detected after pregnancy and the choice is to abort or not. If you can reason your way through that, then you apply the same reason to the risks pre-pregnancy. Those risks can include known genetic disorders in the parents, and external factors that might have an effect like drugs or high radiation exposure.

Ultimately, this turns out to be a red herring. It doesn't change anything. Whatever factors there are that affect which sperm gets to the egg, one of them does and then that's the hypothetical child we're talking about. If factors are changed, then you scrap and restart your reasoning from the beginning with the new information instead.

In any given case you're talking about one specific and well defined set of circumstances, not a grab bag that you get to change around after the fact to invalidate the reasoning.

Your choice of language is betraying that I'm still apparently not explaining this well. You cannot "inflict" a genetic disorder on this hypothetical child that we're talking about. The child comes with the genetic disorder, just like they come with blonde hair and blue eyes. It is part of them. You can choose to have that child or not, but there is no part in which the parent is actively inflicting anything on the child.

Now that sounds :censored:ing rough. I think there's a much stronger argument for not giving birth to a child with a disorder like this that will never let them develop into a functional human being and will spend basically all of their short life just fighting to stay alive.

But still, that is them. How do you balance how much suffering and difficulty is reasonable for whatever joy someone may get from simply being alive? How do you say with authority "no, you will have too much of a bad time, you don't even get to try"? And this is why you need to be able to be specific about what it is that you're using to determine that someone would be better off not existing than being born.
All of that is argument number 1 - that the identity of the person is defined by genetics, therefore any genetic disease cannot, by definition, be harm.


All of that is argument number 1 (your central argument) - that the identity of the person is defined by genetics, therefore any genetic disease cannot, by definition, be harm.

Gene editing would be an interesting route to take this, because it would suggest that if you can modify the genes of a person who is alive that you cannot harm them by doing so, because they are a new person.

Another definition of identity would be a different direction to take this. Such that identity is actually based on memories, or matter configuration, or a mere claim. If we were to identify someone based on a coherent set of memories, any crime which renders their memories damaged would be not a crime at all, because the individual harmed is not the same person. This is the move you're making.

I think none of this is particularly important actually.

When you create a child, you might intentionally choose the genetics with which to create that child, at least to an extent. The choice of genetics will affect the child. You do not have a basic fundamental right to create life using any set of genetics you might have access to. You might choose to intentionally and knowingly create a child who lives a life of misery and dies at age 5. You might intentionally create blind and deaf children to study them, or choose genetics which will result in quadriplegia, or early onset ALS.

No child exists at this time of genetic selection. The child does not exist until birth. What exists is the act of selecting genes to combine, and that act can be known to create, with high degrees of certainty, a child who will suffer directly from that selection. The existence of the same child who does not suffer from that selection is not possible by your own definition. Because the child is defined by that suffering. There is no baseline. But that does not mean that we cannot quantify that the child suffers from the selection of genes. We can directly quantify how SLOS presents, for example, and how the child is directly impacted by the intentional decision to create it with SLOS. Just pick different genes! Genes which will not necessarily cause great suffering.

No one has freedom from the responsibility if they engage in this choice - to create a life with a set of genetics, with knowledge of those genetics and the effects that genetics will necessarily have on the life created.

And both of those seem like defensible positions to me. We're not arguing that poor people in third world countries shouldn't have kids because they'll have to work in sweat shops and probably die young of stepping on a mine or something. They'll have a much harder life than you or me in a first world country, but that's not sufficient reason to deny them life outright.

This is a related but separate argument, which is that quality of life is not something a child is entitled to. Well... it actually can be. It is criminal to have a child you can't provide basic needs for. If you have a child, and cannot feed it, you are guilty of child abuse.

No. That's not how free will and choice works. This whole discussion is premised on the assumption that you have free will and the ability to choose. The mother can make her choice of how she behaves, and the impact of her choices on her child is what we're discussing.

You're not an "alcoholism is a disease" person I take it.

This is another related but separable argument, which is the prior to birth the child is an entity that can be harmed. I'd say it's not actually, it's part of the mother. Until she gives birth, that's her body she's damaging with drugs. The kid, once born, will never have existed any other way.


Let's put the scary inherited disorders aside and see if I can use a different group of genetically related disorders to explain this mindset better.

In the community of certain subsets of mental health disorders there is quite a lot of discussion around specifically how those disorders are perceived and treated. There's a whole group of mental health disorders like Tourettes, autism and ADHD that have at least some genetic component. They're ultimately caused by the brain being physically different to "normal" people and once they develop there isn't really any chance that they ever go away or are cured. You can manage the symptoms, you can learn coping techniques, you can modify your body's chemical makeup with drugs, but ultimately that disorder is a part of your self and you either lean into it or deal with the consequences of trying to fight your brain every single day. The consequences tend to be even more mental health problems like depression and anxiety, or destructive coping mechanisms like addiction or self-harm.

Let's take autism as our example. Neurotypical people often see symptoms of autism as problems to be fixed, and there's some pretty profoundly damaging stuff that gets done to kids that have autism in order to try and train them out of the gross symptoms. For example, Applied Behavioural Analysis for autistic kids can be and often is done really badly. Some of it is not that dissimilar to gay conversion therapy techniques, and I doubt either one of us thinks that's a good idea.

Instead of seeing a "disease" to be "cured", the right thing to do is accept that neurodivergent kids are actually just different people. You can make accommodations where you can, and help give them skills to interact with the real world for the time when accommodations aren't available. Sometimes an autistic adult is going to have to go into a busy and crowded bank to get stuff done, and they need techniques to help them get through that in ways that a neurotypical person wouldn't even consider. This doesn't mean that they're ill or damaged, just that their brain works differently.

And so you end up with this mindset that the "disorder" is actually just a part of the person. It's not unlike if they were short and needed ladders and stools all the time. So instead of seeing autism as some harmful flaw that needs to be fixed or removed, this is just part of who they are and it means that sometimes they need a little more help than others. They may have (read: almost certainly will have) a harder road than a neurotypical, but that doesn't mean that they don't deserve a shot at enjoying life just like anyone else.

So rolling this back to the original topic, maybe we can slot one of these big ticket genetic disorders in there instead of autism. A kid with Huntington's can have a fulfilling life just like anyone else, but there are going to be differences. They may die early, or they may be one of the lucky ones who lives a normal lifespan. They may have severe symptoms and require significant care in their later years, or they may be mostly or entirely asymptomatic. And the fact is that in almost all cases they'll get a normal childhood and early adulthood before symptoms start kicking in and they have to adapt to manage that. It is not misery from the moment they're born. This is who they are, and it's part of their road through life.

Do you understand why I'm trying to steer you away from these concepts of harm and inflicting damage? They're not the only way to view the situation. They're the common way that people who don't have to personally deal with disability mistakenly view disabled people, and they tend to lead to some pretty poor outcomes for the actual disabled people.

This is argument number 1 again, but you're muddying the waters by saying that there are disorders which are not inherently harmful. Great, that's not a problem, and not what I'm talking about. If you can't demonstrate harm - a significantly impacted quality of life based on genetic disorder, then it's not what I'm discussing.

Furthermore, I'm not making a distinction between someone who can enjoy their life and someone who cannot. The decision is not between killing someone, aborting a fetus, or committing suicide, and living. That distinction would be much more difficult, and necessarily up to the individual. Just because your kid's genetic disorder gives them that one great saturday where make-a-wish showed up, before they died on their 5th birthday having lived a life of pain a misery, and just because someone might argue that this makes their life worth living (and it might), that does not mean that it is ok to choose to intentionally create that suffering. Pick genes that we don't already know will create that suffering.

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The rest of this is answers to questions

Again, it becomes about the harm. I keep asking you to be more specific about this.

What is harm to you?

Physical and psychological pain and suffering, reduced lifespan, reduced mental and physical capacity. That might sound broad, but in the implementation you'd have to link it to specific genes which narrows the application significantly. Geniuses are born from stupid people, it's not enough to say "well the parents are like this, therefore the children will be like that".

What harm is a Huntington's child having inflicted on them?

You asked me to remove Huntington's from the conversation.

How would their life be different if this harm was not inflicted?

It's impossible to answer the question. How would the life of someone be different if they were not murdered? We do not know.

Suicide can't undo harm, but it's a way to stop harm at any point that is directly comparable to the "solution" that is being proposed pre-pregnancy or during pregnancy.

No, killing yourself involves a great deal of what I described as harm above. Preventing someone from being born does not.
 
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With all this evidence the NHS should be changing their non-existent unofficial policy to eradicate all Downs Syndrome babies immediately.

Except that it all seems to be anecdotal testimony from people in advocacy groups. Is there any hard data to support the claim that this is NHS policy? Without that I'm not sure what they should be doing to change the situation which doesn't involve withholding information from parents.

This seems to me like an even weirder hill to die on than the statues thing.
I think it depends on what we define eugenics as.

Is there a systamtic eradication of DS babies perpetrated by the NHS?

No.

Is there a cultural pressure to view them as "lesser" human beings and more worthy of abortion?

Quite likely.

Another very important question then arises - where does it go from here. We know that there is an increasing demand to screen for autism - so what does that mean for the future of people with undesirable monogenic or polygenic traits? Are they at risk of othering before they are even born?
 
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I think it depends on what we define eugenics as.
I don't.

Is there a systamtic eradication of DS babies perpetrated by the NHS?

No.

Is there a cultural pressure to view them as "lesser" human beings and more worthy of abortion?

Quite likely.

Another very important question then arises - where does it go from here. We know that there is an increasing demand to screen for autism - so what does that mean for the future of people with undesirable monogenic or polygenic traits? Are they at risk of othering before they are even born?
I think it's up to the parents, primarily the mother.
 
You know, this is what I hate about conservatism (despite being more conservative than most members here):

Tennessee women receiving surgical abortions would be required to bury or cremate fetal remains following bill's passage

Give the option (if they request it), sure, but force it?

WatchfulTenderArcticduck-size_restricted.gif
 
Texas bans abortions as early as 6 weeks.

cc3fb61df5200eca518fe22adf03e073.gif


Now we find out whether the supreme court has the required characteristics to overturn Roe v. Wade.
Where did this fixation on the presence of a heartbeat originate? It seems like an emotional argument rather than one based on logic, or maybe I'm being overly charitable and the proponents realised it can be detected early in a pregnancy therefore laws based on its detection would mean a near total ban on abortion....
 
Where did this fixation on the presence of a heartbeat originate? It seems like an emotional argument rather than one based on logic, or maybe I'm being overly charitable and the proponents realised it can be detected early in a pregnancy therefore laws based on its detection would mean a near total ban on abortion....

I don't know. The only logic I can associate with it is that the chances of loss of pregnancy go down quite a bit when a heartbeat is detected. Not to zero, of course, not even to near zero probably, but... down.
 
With reference to the op-ed in the previous post I think this quote summarises it quite accurately:
Isn't that confusing Eugenics (a practice undertaken and enforced in policy by an organistaion or state) with the mother's individual, personal freedom of choice?
Maybe not so much straw clutching as pearl clutching, unless Dawkins has joined the board of the NHS.
Do we have a yawn smiley?
Found it 🥱
 
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With reference to the op-ed in the previous post I think this quote summarises it quite accurately:

Maybe not so much straw clutching as pearl clutching, unless Dawkins has joined the board of the NHS.
Found it 🥱
Ehh....

Why do you go by that definition of eugenics?

It isn't the definition according to Google.

It isn't the definition according to Wikipedia.

Would we call Dawkins's view a eugenecist's view?

Relevant (in some ways) to the discussion, someone is taking Javid to court saying the Abortion Act is discriminatory against Down's syndrome sufferers.
 
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Ehh....

Why do you go by that definition of eugenics?

It isn't the definition according to Google.

It isn't the definition according to Wikipedia.
Google is a search engine and can provide all manner of opinions. Wikipedia calls it a set of beliefs and practices. This suggests that it can only harm people if it's being practised against them. Wiktionary calls it a social philosophy. Doesn't that refer to something enacted by society, rather than individual opinions?

Would we call Dawkins's view a eugenecist's view?
The royal "we", maybe. I don't see where he's forcing people to abort foetuses, healthy or otherwise and he's apologised for the harshness of his ill-considered remarks.

My cousin, heartbreakingly, was forced to have a late term abortion when a brain scan showed no activity in her foetus. Outlawing the Abortion Act would force people in her situation to bring severely handicapped children to full term, taking the decision out of the parents' hands where I believe it belongs. Let's see if the courts agree.
 
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Google is a search engine and can provide all manner of opinions. Wikipedia calls it a set of beliefs and practices. This suggests that it can only harm people if it's being practised against them. Wiktionary calls it a social philosophy. Doesn't that refer to something enacted by society, rather than individual opinions?
No, it doesn't have to be enacted by law. Note that your original quote said that it was enforced by an organisation or state. I'm suggesting that it could be an opinion.
The royal "we", maybe. I don't see where he's forcing people to abort foetuses, healthy or otherwise and he's apologised for the harshness of his ill-considered remarks.
He's not forcing people to abort. But he's advocating for abortion of those foetuses based on his opinion. Big difference.
My cousin, heartbreakingly, was forced to have a late term abortion when a brain scan showed no activity in her foetus. Outlawing the Abortion Act would force people in her situation to bring severely handicapped children to full term, taking the decision out of the parents' hands where I believe it belongs. Let's see if the courts agree.
I'm not sure that that situation would be outlawed. I'm still not even sure I agree with Crowter's argument as a diagnosis for Down's can come relatively late in a pregnancy so could intrude on a mother's decision to terminate.
 
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Supreme Court give the go-ahead on Texas' 6-week abortion ban. (Politico)

Particularly concerning is this portion of the article:

Beyond outlawing abortion as early as six weeks into a pregnancy, the Texas law, signed in May, would deputize citizens to file civil suits against abortion providers or anyone who helps facilitate the procedure after six weeks, such as a person who drives a pregnant person to the clinic. Individuals found to have violated the law would have to pay $10,000 to the person who successfully brings such a suit — a bounty abortion rights advocates warn will encourage harassment, intimidation and vigilantism.
Am I right in saying that this is the Supreme Court literally allowing Texas to suspend Roe vs. Wade?
 
Supreme Court give the go-ahead on Texas' 6-week abortion ban. (Politico)

Particularly concerning is this portion of the article:


Am I right in saying that this is the Supreme Court literally allowing Texas to suspend Roe vs. Wade?
Effectively, yes. I don't see how other people have standing in this issue to bring civil suits, but what do I know.

Edit:

They keep calling this a 6-week ban, but it's effectively a 2-week ban. Some people may not realize, but conception date is back dated to the mother's previous period. So by the time you missed your first period, you're 4 weeks pregnant, regardless of when conception occurred in the previous cycle. In some cases, there is a mandatory waiting period prior to abortion, to allow the mother to change her mind, reducing that 2 week window. If you give your period a few days to show up before you test, you've lost those days as well. It is very easy to not realize you're pregnant until it's too late.

The Texas law makes no exception for rape or incest (according to what I saw this morning).
 
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Six weeks is early. The right uses rare abortions in the third trimester as a bogeyman to attack liberals for a supposed baby-killing agenda, but it's not inconceivable that a woman wouldn't even know she's pregnant at six weeks. My wife knew early--barely a week after we were determined to have conceived--but my nephew was a little ninja and my sister didn't know until just shy of two months after her pregnancy actually began.

This is a "heartbeat" bill intended to prey on emotion.

Oh and the provision that allows anyone to sue an entity for aiding an abortion--which may be mere advocacy through speech--is a feature, not a bug.
 
Oh and the provision that allows anyone to sue an entity for aiding an abortion--which may be mere advocacy through speech--is a feature, not a bug.
I hadn't heard about that, that's middle-east stuff. Don't even talk about abortion....
 
Effectively, yes. I don't see how other people have standing in this issue to bring civil suits, but what do I know.

Edit:

They keep calling this a 6-week ban, but it's effectively a 2-week ban. Some people may not realize, but conception date is back dated to the mother's previous period. So by the time you missed your first period, you're 4 weeks pregnant, regardless of when conception occurred in the previous cycle. In some cases, there is a mandatory waiting period prior to abortion, to allow the mother to change her mind, reducing that 2 week window. If you give your period a few days to show up before you test, you've lost those days as well. It is very easy to not realize you're pregnant until it's too late.

The Texas law makes no exception for rape or incest (according to what I saw this morning).
I never even considered any of that. This may not be the correct way of describing it, but in my head it makes the bill come off as a means to legally entrap women with unwanted pregnancies (especially with the lack in exceptions for rape and incest), as well as a means to entrap people who have the gall to not be terrible human beings.
Oh and the provision that allows anyone to sue an entity for aiding an abortion--which may be mere advocacy through speech--is a feature, not a bug.
Gross. Genuinely can't think of another word to describe that.
 
I never even considered any of that. This may not be the correct way of describing it, but in my head it makes the bill come off as a means to legally entrap women with unwanted pregnancies (especially with the lack in exceptions for rape and incest), as well as a means to entrap people who have the gall to not be terrible human beings.
They want to ban all abortion. That's the goal.
 
The way they're trending toward child sexual exploitation (well, investigations into it are becoming more common, anyway), it's hard not to think of every successful abortion as one less potential victim.

Edit: I have a serious itch to do some GOP-style slippery slope fearmongering rooted in this sort of legislation.
 
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They want to ban all abortion. That's the goal.
I've gathered as much. It seems like there are still a few legal challenges in the pipeline, though (if I understand correctly) they seem to be moot at this point given this came down from SCOTUS.

As such, and this is a genuine question, what would it take to reverse the decision within the Supreme Court? As I understand it, Roe Vs. Wade is still set in stone on a federal level, so wouldn't it be possible for a challenger to point out that, by allowing Texas to pass this bill, the Supreme Court itself is acting in conflict with the Constitution?
 
I've gathered as much. It seems like there are still a few legal challenges in the pipeline, though (if I understand correctly) they seem to be moot at this point given this came down from SCOTUS.
It's not really a SCOTUS decision, but a failed injunction. It does indicate that SCOTUS may uphold the law, but they haven't yet. They just didn't temporarily bar it from going into effect (which would be an injunction). We'll know more soon. The Texas law was crafted to avoid being temporarily suspended by being civil only. I wouldn't read just too much into SCOTUS failing to suspend the law.

Imagine this (overly rosy) scenario. SCOTUS allows the texas law to go into effect. People perform abortions in Texas after 6 weeks and get successfully sued in civil court. The suit gets appealed all the way to SCOTUS. SCOTUS overturns the civil suit, effectively saying that the sued mother (or doctors, or both) cannot be sued successfully the way they were.

We'd need to get to the point where SCOTUS actually decided to uphold that lawsuit before we know how effective the Texas law will be. And we're a long way from that.
As such, and this is a genuine question, what would it take to reverse the decision within the Supreme Court? As I understand it, Roe Vs. Wade is still set in stone on a federal level, so wouldn't it be possible for a challenger to point out that, by allowing Texas to pass this bill, the Supreme Court itself is acting in conflict with the Constitution?
Roe v. Wade is not federal law, it's supreme court precedent, which is in the process of being overturned, and almost certainly will be. Roe v. Wade has always been in danger because it is not clearly called out in the constitution, so the supreme court is not acting against the US constitution. There is no protection for abortion directly in the constitution (there may be some indirect protection, but it's debatable - that indirect protection is what Roe v. Wade is built on).

RBG's death was a huge blow. I'll probably always remember the moment I heard that news. I remember where I was, I remember my reaction. Like the way people describe JFK's assassination.

Probably the best chance of fixing whatever damage the supremes do to abortion is through congress... which would require eliminating the filibuster. Right now Manchin and Sinema in the senate are the two people in the way of a lot of repair to damage to both voting and abortion rights. That's where we are.
 
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Effectively, yes. I don't see how other people have standing in this issue to bring civil suits, but what do I know.

Edit:

They keep calling this a 6-week ban, but it's effectively a 2-week ban. Some people may not realize, but conception date is back dated to the mother's previous period. So by the time you missed your first period, you're 4 weeks pregnant, regardless of when conception occurred in the previous cycle. In some cases, there is a mandatory waiting period prior to abortion, to allow the mother to change her mind, reducing that 2 week window. If you give your period a few days to show up before you test, you've lost those days as well. It is very easy to not realize you're pregnant until it's too late.

The Texas law makes no exception for rape or incest (according to what I saw this morning).
It's as close to a total ban on abortion as it can be without calling it that.

What is the rationale for a 6 week limi....oh....* checks what I wrote above
 
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