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Membership Has Its Privileges? Life, Personhood, and Potential in Discussions about Reproductive Choice
1Associate Professor of Law, the Associate Dean for Faculty Development, and the founding director of the Bioethics & Health Law Center at Mississippi College School of Law. He also sits on the affiliate faculty of the Center for Bioethics and Medical Humanities at the University of Mississippi Medical Center. His recent scholarship focuses on the implications of the nationwide Personhood Movement, which seeks to attach the protections of legal personhood at the earliest stages of biological development.
The legal term "potential life" in abortion cases is vague and lacks clear definition. Courts impose this concept without adequately justifying why biological life isn't legal personhood, disregarding opposing views.
Area of Science:
- Legal Studies
- Bioethics
- Philosophy of Law
Background:
- American abortion jurisprudence frequently references "potential life," a term lacking precise legal or scientific definition.
- The concept of "potential life" in legal contexts raises questions about the equivalence of biological life and legal personhood.
- Existing legal frameworks may impose specific viewpoints on abortion without sufficient justification for dissenting parties.
Purpose of the Study:
- To critically analyze the indeterminate and underspecified nature of "potential life" in American abortion jurisprudence.
- To examine how the phrase "potential life" obscures the legal distinction between biological life and legal personhood.
- To evaluate the imposition of this legal stance on individuals without providing universally acceptable justifications.
Main Methods:
- Commentary and critical analysis of legal discourse surrounding "potential life" in abortion cases.
- Examination of judicial opinions and legal scholarship on the definition and application of "potential life."
- Philosophical inquiry into the concepts of biological life, legal personhood, and ethical justification.
Main Results:
- The term "potential life" is identified as indeterminate and underspecified within legal contexts.
- The use of "potential life" masks a judicial stance that biological life does not equate to legal personhood.
- This judicial stance is imposed without providing reasons that those who oppose it can reasonably endorse.
Conclusions:
- The legal concept of "potential life" requires greater clarity and specification to avoid ambiguity in abortion jurisprudence.
- There is a need for transparent justification when legal decisions, such as equating biological life with personhood, are imposed.
- Legal frameworks should better accommodate and address the perspectives of those who dissent from imposed legal interpretations.
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