A legal perspective of the concept of life

Abstract

The problem of defining life is discussed, using as foundation Herman Dooyeweerd's philosophy of the Cosmonomic Idea, which holds that life is indefineable. Contemporary legal and philosophical writings concerning the exact moments of life and death are explored. While conceding the importance of these in the determination of the precise beginning and end of legal personhood, the author concludes that the concept of life is unfathomable.

PIP: Law itself can not define life. Biology and psychology also fail to fully define life. Life defines itself. Utilizing logical reasoning to single out a particular moment in the process of prenatal development of the unborn when life in the sense of personhood actually commences has been inspired by ulterior motives, particularly the desire for a scientific base for a particular stand in the abortion debate. Science is being misused in an attempt to legitimize a pre-conceived bias against abortion. The ultimate view of medical-legal issues, like abortion and euthanasia, is embedded in pre-scientific moral perceptions and religious convictions, not science. On the other side is the fact that the law does not exist in a vacuum. It has territorial limits, it has a power structure, and a social setting. By the same reasoning, the law itself presupposes within its own structure the notion of life itself, that is, law regulates the actions of living persons. Law has a specific function in human society, the definitions of its concepts and the substance of it norms must remain subservient to its function.