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- S. Derbyshire (2001). Fetal Pain: An Infantile Debate. Bioethics 15 (1):77-84.
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This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse’s abortion ethics. It is motivated by Hursthouse’s puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents and then develops her fetal metaphysics of the potential and actual human being, which she merely adumbrates in her more extensive treatment of abortion ethics in her book Beginning Lives. The essay then evaluates her fetal ontology in light of relevant research on fetal neural and psychological development. It concludes that her implied view that the late-stage fetus is an actual human being is defensible. The essay then turns to the analysis of late-stage abortions in her paper and argues that it is importantly incomplete.
In this commentary we discuss the possibility of subcortical consciousness and its implications for fetal anesthesia and analgesia. We review the neural development of structural and functional elements that may participate in conscious representation, with a particular focus on the experience of pain. (Published Online May 1 2007).
This paper will directly tackle the question of Benatar’s asymmetry at the heart of his book Better Never to have Been and provide a critique based on some of the logical consequences that result from the proposition that every potential life can only be understood in terms of the pain that person would experience if she or he was born. The decision only to evaluate future pain avoided and not pleasure denied for potential people means that we should view each birth as an unmitigated tragedy. The result is that someone who seeks to maximize utility could easily justify immense suffering for current people in order to prevent the births of potential people. This paper offers an alternative framework for evaluating the creation of people that addresses Benatar’s asymmetry without overvaluing the potential suffering of potential people.
In Better Never to Have Been, David Benatar argues that existence is always a harm (Benatar 2006, pp. 18--59). His argument, in brief, is that this follows from a theory of personal good which we ought to accept because it best explains several 'asymmetries'. I shall argue here (a) that Benatar's theory suffers from a defect which was already widely known to afflict similar theories, and (b) that the main asymmetry he discusses is better explained in a way which allows that existence is often not a harm.
In early 2010, the Nebraska state legislature passed a new abortion restricting law asserting a new, compelling state interest in preventing fetal pain. In this article, we review existing constitutional abortion doctrine and note difficulties presented by persistent legal attention to a socially derived viability construct. We then offer a substantive biological, ethical, and legal critique of the new fetal pain rationale.
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