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To: Jacques Chitte who wrote (431)9/6/1999 12:30:00 AM
From: Ilaine  Respond to of 6418
 
"Adjudicating" is always a question of law. ;^) Seriously, it is a legal concept, but one that looks to science. Roe v. Wade looks to science for the division of the 9 months of labor into trimesters. At the time Roe v. Wade was written, it was accepted scientific fact that the fetus was viable during the last trimester, not viable during the first trimester, and the line to be drawn was in the second trimester. Fetal viability was the dividing line, but it couldn't be drawn by the Court because science kept pushing the date back with new technology. So that was left to the states.

The Romans drew the line at "quickening," which was earlier than fetal viability, by maybe two months. I don't think that's a bad place to draw the line, myself.