Originally posted by Sparko
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What you describe for brain-dead patients is that they no longer have the potential for neurological capacity. That's correct. Embryos and fetuses do have such potential. However, so do gametes. So, too, do potential gametes. Do we confer rights on potentials? We do not -- otherwise vasectomies and contraception would be similarly in violation of rights.
So: for someone who argues that a fetus has legal rights because it has potential to acquire the basic properties of personhood, the question is whether they can identify anything else in law that confers rights to a potential entity.
--Sam
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