The Oceania region is home to some of the world's most restrictive abortion laws, and there is evidence of Pacific Island women's reproductive oppression across several aspects of their reproductive lives, including in relation to contraceptive decision‐making, birthing, and fertility. In this paper we analyse documents from court cases in the Pacific Islands regarding the illegal procurement of abortion. We undertook inductive thematic analysis of documents from eighteen illegal abortion court cases from Pacific Island countries.Using (...) the lens of reproductive justice, we discuss the methods of abortion, the reported context of these abortions, and the ways in which these women and abortion were constructed in judges' summing up, judgements, or sentencing. Our analysis of these cases reveals layers of sexual and reproductive oppression experienced by these women that are related to colonialism, women's socioeconomic disadvantage, gendered violence, limited reproductive control, and the punitive consequences related to not performing gender appropriately. (shrink)

The Oceania region is home to some of the world's most restrictive abortion laws, and there is evidence of Pacific Island women's reproductive oppression across several aspects of their reproductive lives, including in relation to contraceptive decision-making, birthing, and fertility. In this paper we analyse documents from court cases in the Pacific Islands regarding the illegal procurement of abortion. We undertook inductive thematic analysis of documents from eighteen illegal abortion court cases from Pacific Island countries.Using (...) the lens of reproductive justice, we discuss the methods of abortion, the reported context of these abortions, and the ways in which these women and abortion were constructed in judges' summing up, judgements, or sentencing. Our analysis of these cases reveals layers of sexual and reproductive oppression experienced by these women that are related to colonialism, women's socioeconomic disadvantage, gendered violence, limited reproductive control, and the punitive consequences related to not performing gender appropriately. (shrink)

This article considers the methods used to estimate the number of abortions before the 1967 Abortion Act came into operation. It suggests that the registration of legal abortions has enabled a new method to be used to calculate the number of illegal operations. The article concludes that the major effect of the Act was to transfer abortions from the illegal to the legal sector and, using the new method of calculation, estimates a total number of abortions immediately (...) before the Act of just over 100,000 a year. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to (...) forswear illegal force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

This article builds on existing feminist literature on obstetric violence in the context of childbirth to argue that there is a continuum of obstetric violence that also includes that perpetuated in relation to pregnancy prevention and termination, as well as antenatal healthcare and birth. This structural violence is highlighted in relation to conscientious objection, the reporting of people suspected of illegal abortions by their healthcare providers, and contraceptive coercion. Recognizing the limitations of criminal and human rights approaches to obstetric (...) violence, this article takes Martha Fineman’s vulnerability theory as the foundation for the transformative structural change of healthcare institutions. (shrink)

Abortion is the most common and controversial issue in many parts of the world. Approximately 46 million abortions are performed worldwide every year. The world ratio is 26 induced abortions per 100 known pregnancies. Pakistan has an estimated abortion rate of 29 abortions per 1,000 women of reproductive age, despite the procedure being illegal except to save a woman’s life. 890,000 abortions are performed annually in Pakistan. Many government and non-government organizations are working on the issue of (...) abortion. Muslim jurists are unanimous in declaring that after the fetus is completely formed and has been given a soul, abortion is haram (forbidden). (shrink)

Abortion bans premised on fetal pain capacity are this decade's “partial‐birth abortion”: a medically suspect anti‐choice initiative that can be politically difficult to oppose. No one is “pro–fetal pain.” But rhetorically, the concept of “fetal pain” works to conflate the capacity for pain with the experience of pain. If pain justified banning medical procedures, all surgery would be illegal. Pain is a routine side effect of medical practice. What's unethical is unnecessary pain, and that's why the standard (...) medical response to pain is palliation. (shrink)

Canada is one of the few countries in the world—China is another—that has decriminalized abortion. In Canada, there are no legislative or judicial restrictions whatsoever on abortion: When, where, and under what circumstances abortions can be performed are all unregulated. In sharp contrast, abortion is generally illegal in South American and predominantly Catholic countries, as well as in African and Muslim countries. And the countries that do allow legal abortions, including most in Europe along with America, (...) Australia, and Russia, typically permit it only up to a certain time or make it subject to circumstances such as risk to the woman. In what follows we will first explain how Canada came to decriminalize abortion and then go on to assess that position from an ethical point of view. (shrink)

Alstin, Zac Conventional wisdom teaches that prohibition is counter-productive. We are all familiar with the idea that making something illegal - whether it be drug abuse, alcohol consumption, or abortion - merely 'drives it underground'. Abortion is indeed one of the most potent examples, with the spectre of 'backyard abortion' haunting any talk of restricting abortion access. On a global scale the term 'unsafe abortion' serves the same purpose - reinforcing the idea that unless (...) abortion is made safe, legal, and easy to access, women will resort to abortion practices that are intrinsically unsafe. (shrink)

The 2006 trial of Suman Sood put criminal abortion on the public agenda for the first time in 25 years in NSW. Response to the case highlights tenacious myths about abortion law in Australia; namely that the common law “is an ass” that allows for abortion only by way of a lack of application of the law. By briefly explaining the history of abortion in Australia, I argue that the Sood case does not represent a general (...) failure of the common law to allow abortion, nor does it support the popular myth that abortion is “technically” illegal, or that doctors who perform abortions have historically been the target of the criminal law in Australia. I show that contrary to myths promoted particularly around the 1998 Western Australian reforms, abortion has long been lawful in Australia, and the common law has merit compared to other regulatory regimes. Hence, arguments for alternative abortion regimes should not depend on myths which are shown to be unrepresentative of the political and legal situation in Australia. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s (...) and Boonin’s argument for legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

We argue that, in certain circumstances, doctors might beprofessionallyjustified to provide abortions even in those jurisdictions where abortion is illegal. That it is at least professionally permissible does not mean that they have an all-things-considered ethical justification or obligation to provide illegal abortions or that professional obligations or professional permissibility trump legal obligations. It rather means that professional organisations should respect and indeed protect doctors’ positive claims of conscience to provide abortions if they plausibly track what is (...) in the best medical interests of their patients. It is the responsibility of state authorities to enforce the law, but it is the responsibility of professional organisations to uphold the highest standards of medical ethics, even when they conflict with the law. Whatever the legal sanctions in place, healthcare professionals should not be sanctioned by the professional bodies for providing abortions according to professional standards, even if illegally. Indeed, professional organisation should lobby to offer protection to such professionals. Our arguments have practical implications for what healthcare professionals and healthcare professional organisations may or should do in those jurisdictions that legally prohibit abortion, such as some US States after the reversal ofRoe v Wade. (shrink)

This essay presents an ethnographic account of two divorced Catholic women's memories of praying to the Virgin Mary while seeking illegal abortions under the Romanian socialist regime. These women's stories focused on troubling memories of being in love, reflections that were retrospectively shaped by divorce. Drawing on Sigmund Freud's notion of the uncanny, I call these recollections uncanny memories of the self in love. Uncannily remembering one's self in love combines experiential self-examination and ethical assessment of actions. The notion (...) of the uncanny self in love thus helps bridge the divide between experience- and action-oriented approaches to lived ethics. I argue that the ethical significance of the Virgin Mary's actions depended on my acquaintances’ approach to love. For one woman seeking to stay estranged from her ex-husband, the Virgin Mary's actions accentuated his ethical immaturity. My other acquaintance harbored more ambivalent feelings toward her ex-husband; for her, talking about the Virgin Mary helped her relativize feelings of ethical indignation. As a core implication of this argument, I urge greater awareness of the problematic tendency to include the need for greater awareness of tendencies in theories of lived ethics to reify socially situated perspectives on love. (shrink)

On April 13, 2010, Nebraska enacted a new state ban on abortion in the Pain-Capable Unborn Child Protection Act that ha caught the attention of many on both sides of the abortion debate, and has inspired other states to attempt similar measures. The statute requires the referring or abortion-providing physician to make a “determination of the probable postfertilization age of the unborn child” and makes it illegal to induce or attempt to perform or induce an (...) class='Hi'>abortion upon a woman when the “probable postfertilization age” of the fetus is “twenty or more weeks” unless the doctor determines in “reasonable medical judgment she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function or it is necessary to preserve the life of an unborn child.”. (shrink)

The South African Choice on Termination of Pregnancy Act 92 of 1996 gives women the right to voluntary abortion on request. The reality factor, however, is that five years later there are still more ‘technically illegal’ abortions than legal ones. Amongst other factors, one of the main obstacles to access to this constitutionally enshrined human right is the right to conscientious objection/refusal. Although the right to conscientious objection is also a basic human right, the case of refusal to (...) provide abortion services on conscientious objection grounds should not be seen as absolute and inalienable, at least in the developing world. In the developed world, where referral to another service provider is for the most part accessible, a conscientious objector to abortion does not really put the abortion seeker’s life at risk. The same cannot be said in developing countries even when abortion is decriminalised. This is because referral procedures are fraught with major obstacles. Therefore, it is argued that the right to conscientious objection to abortion should be limited by the circumstances in which the request for abortion arises. (shrink)

The South African Choice on Termination of Pregnancy Act 92 of 1996 gives women the right to voluntary abortion on request. The reality factor, however, is that five years later there are still more ‘technically illegal’ abortions than legal ones. Amongst other factors, one of the main obstacles to access to this constitutionally enshrined human right is the right to conscientious objection/refusal. Although the right to conscientious objection is also a basic human right, the case of refusal to (...) provide abortion services on conscientious objection grounds should not be seen as absolute and inalienable, at least in the developing world. In the developed world, where referral to another service provider is for the most part accessible, a conscientious objector to abortion does not really put the abortion seeker’s life at risk. The same cannot be said in developing countries even when abortion is decriminalised. This is because referral procedures are fraught with major obstacles. Therefore, it is argued that the right to conscientious objection to abortion should be limited by the circumstances in which the request for abortion arises. (shrink)

This paper provides an overview of the development and the sociopolitical background of legislation pertaining to abortion in Finland from the nineteenth century to the current day. The first Abortion Act came to force in 1950. Before that, abortions were handled under criminal law. The 1950 law was restrictive and allowed abortions in very limited circumstances only. Its main aim was to reduce the number of abortions and especially illegal abortions. It was not very successful in reaching (...) these goals, but, significantly, it moved abortions from the realm of the criminal law to the hands of medical professionals. The birth of the welfare state and the prenatal attitudes of 1930s and 1940s Europe played their part in shaping the law. By late 1960s, with the rise of the women’s rights movement and other changes in society, there was pressure to change the outdated law. The new 1970 Abortion Act was broader and allowed abortions for limited social reasons too but left very limited, if any, room for a woman’s right to choose. After a citizen’s initiative in 2020, the year 2023 will see a significant amendment to the 1970 law; during the first 12 weeks of pregnancy, an abortion can be performed on the woman’s request alone. However, there is still a long way to go in terms of women’s rights and abortion laws in Finland. (shrink)

Late-term abortions are an issue of immense debate in India, where the Medical Termination of Pregnancy Act, 1971 permits abortions only up to 20 weeks of gestation. In special situations, such as pregnancy arising out of rape especially in the case of minors and the late diagnosis of congenital anomalies, there are no clear guidelines on the legal protocol that is to be followed, often resulting in a lack of consistency in terms of legal decision-making, as well as undue prolongation (...) of legal procedures. The Medical Termination of Pregnancy Act prohibits late-term abortions on the basis of personhood and viability of the foetus, to reduce sex-selective abortions and as it considers such abortions to be unsafe. However, a legal prohibition of late-term abortions does not prevent them, and this has led to a surge in the number of illegal, unsafe abortions that are detrimental to the health of women. There is also physical, mental and financial distress to women who are forced to continue their pregnancy, coupled with a lack of governmental support for the same. In comparison of India’s abortion laws with Singapore’s, which are more liberal, and Philippines, which are more restrictive, liberalisation of abortion laws appears to have a better outcome in reducing the incidence of unsafe abortions. This paper argues that the way forward is to liberalise the laws in terms of not only extending the gestational limit to at least 24 weeks but also making exceptions allowing no gestational limit in special cases that warrant them, such as rape victims and late foetal anomalies. The laws, drafted and implemented in consultation with medical professionals in the field, must also be lucid and not leave any room for misinterpretation by courts and health care providers. (shrink)

BackgroundIn 2019, the Constitutional Court of South Korea ruled that the anti-abortion provisions in the Criminal Act, which criminalize abortion, do not conform to the Constitution. This decision will lead to a total reversal of doctors’ legal duty from the obligation to refuse abortion services to their requirement to provide them, given the Medical Service Act that states that a doctor may not refuse a request for treatment or assistance in childbirth. I argue, confined to abortion (...) services in Korea that will take place in the near future, that doctors should be granted the legal right to exercise conscientious objection to abortion.Main textConsidering that doctors in Korea have been ethically and legally obligated to refrain from abortions for many years, imposing a universal legal duty to provide abortions that does not allow exception may endanger the moral integrity of individual doctors who chose a career when abortion was illegal. The universal imposition of such a duty may result in repudiation of doctors as moral agents and damage trust in doctors that forms the basis of medical professionalism. Even if conscientious objection to abortion is granted as a legal right, most patients would experience no impediment to receiving abortion services because the healthcare environment of Korea provides options in which patients can choose their doctors based on prior information, there are many doctors who would be willing to provide an abortion, and Korea is a relatively small country. Finally, the responsibility to effectively balance and guarantee the respective rights of the two agents involved in abortion, the doctor and the patient, should be imposed on the government rather than individual doctors. This assertion is based on the government’s past behaviours, the nature of its relationship with doctors, and the capacity it has to satisfy both doctors’ right to conscientious objection and patients’ right to legal medical services.ConclusionWith regard to abortion services that will be sought in the near future, doctors should be granted the legal right to exercise conscientious objection based on the importance of doctor’s moral integrity, lack of impediment to patients, and government responsibility. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:14 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Melissa Oliver-Powell Beyond the Spectacle of Suffering: Agnès Varda’s L’Unechante,l’autrepas and Rewriting the Subject of Abortion in France In the spring of 1971, three years after the revolutionary fervor of May 1968 in France, 343 women put their names to a courageous manifesto announcing that they were criminals of a particularly gendered nature. The authors of (...) Manifeste des 343 (Manifesto of the 343) comprised a large group of culturally eminent French women and activists declaring that they had all illegally undergone abortions, which at this point, despite growing decriminalization throughout much of Western Europe, were still outlawed within their republic. Though many of the revolutionary fires had now eased to embers, French feminists demonstrated that reproductive rights were still a vital and unresolved topic of social justice. Including names as weighty as Simone de Beauvoir, Jeanne Moreau, and Catherine Deneuve, the manifesto brought together exceptional women from the fields of academia, law, theater, film and literature, alongside grassroots activists. Their action was a bold challenge to the French authorities, daring them to arrest some of the country’s brightest thinkers and cultural innovators under a law the signatories felt was deeply unjust, sexist, and antithetical to the values of individual liberty and citizenship. It was a case of those with the broadest shoulders weaponizing their privilege to present a robust front line in the wider struggle for women’s rights. One of the signatories was filmmaker Agnès Varda. Her name, like those of several others on the list, demonstrates the symbiosis between Melissa Oliver-Powell 15 cultural production and gender politics that has often characterized French feminist thought. From the multidisciplinary writings of Beauvoir, to the novels of the écriture féminine movement, to the lyrical academic prose of Hélène Cixous, Luce Irigaray, Julia Kristeva, and others, French and Francophone feminist writers have tended to connect art and politics with a great deal of fluidity. As a committed activist and a filmmaker, Agnès Varda falls very much within this tradition, often adopting and developing feminist practices within her cinema. This article examines how Varda’s 1977 film, L’Une chante, l’autre pas (One Sings, The Other Doesn’t) interacts with and participates in the feminist political project of reproductive rights as well as the ongoing intellectual and moral debates over abortion taking place in France throughout the late 1960s and 1970s. I look particularly at the adversarial construction of abortion narratives within these debates and the location of victimhood therein. Within mainstream cultural representations in and beyond France, abortion is typically constructed as either a traumatic or a transgressive moment. The same is often true on either side of political and social debates on abortion, which have tended either to characterize the women who get abortions as irresponsible and amoral or as sympathetic victims in need of protection. Though the transgressive element persists, it is the interaction with representations of trauma that interests me here. In approaching discussions of gendered injustice, it is common for feminist writers and activists to leverage pathos as a rhetorical strategy. While suffering can be a highly effective and galvanizing expression of oppression, such discourses also run the risk of producing excessive depictions of victimhood, which can displace the capacity for action from the subject of hardship onto the privileged oppressor. This risk is particularly at stake within the cultural form of film, as its visuality and identificatory mechanics have the potential to spectacularize the female victim and make her relatable only through suffering. This was often the case in earlier French films that featured abortion such as Les Mauvaises rencontres (1955), Des gens sans importance (1956), Journal d’une femme en blanc (1965), and Une femme en blanc se révolte (1966), all of which made their subjects sympathetic by entwining them in long narratives of victimization ending in death or disgrace. This article looks at how Varda’s L’Une chante, l’autre pas disengages from the spectacle of suffering that so often characterizes representations of women’s experiences 16 Melissa Oliver-Powell and rejects the idea that abortion narratives must... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface At a time when access to safe abortions is being curtailed in the United States under the pretext of a response to the COVID-19 pandemic, this Feminist Studies issue focuses on abortion and women’s embodiment. The essays by Melissa Oliver-Powell, Rachel Alpha Johnston Hurst, and Jennifer L. Holland each contribute new approaches to the stillvexed topic of abortion, positioning movements for abortion access in relation (...) to historical and ecological change. Two collaboratively written essays, by South American authors María Fernanda Olarte-Sierra and Tania Pérez-Bustos, and by North American and European authors Laura Bisaillon with six colleagues, both center the body within feminist labor, exploring how the embodied experience of work can also be a site of knowledge-making. Other authors push us to move beyond humanistic understandings of affect and the body in feminist work, as Nathan Snaza shows in a review essay of four recent books engaging “Biopolitics without Bodies.” Poems by Rosetta Marantz Cohen, Darlene Taylor, and Abby Minor also feature experiences of bodily violence and bodily pleasure, while Ellyn Weiss discusses the distinctive representations of bodies in the visual art of Swedish-American artist Anna U. Davis. To close the issue, two News and Views pieces by Pang Laikwan and Sealing Cheng on the recent protest movement in Hong Kong provide two complementary perspectives on living through tumultuous political times. Our next issue will include content directly focused on the COVID-19 pandemic. In the first essay, Melissa Oliver-Powell’s “Beyond the Spectacle of Suffering: Agnès Varda’s L’Une chante, l’autre pas and Rewriting the Subject of Abortion in France” addresses the complexities of anti-​ abortion 8 rhetoric in France. Placing Varda’s 1977 film in the historical context of French nationalistic anxiety about low birthrates in the twentieth century, Oliver-Powell argues that the film deconstructs polarized narratives about abortion. While dominant cultural representations of abortion typically depicted it as the result of female irresponsibility or traumatic victimization, Varda’s film rejects the binary concepts of villain and victim and questions the presumption that women always suffer when exercising their reproductive choice. Oliver-Powell situates Varda alongside the 343 eminent French female cultural leaders who composed a famous 1971 Manifesto publicly declaring themselves criminals for having had illegal abortions and presents simultaneous histories of French feminism and French cinema. Varda’s film constructs a feminist representation of abortion that avoids foregrounding women ’s suffering and instead emphasizes empowerment and solidarity. Its narrative features two women friends, both treated unjustly by France’s abortion laws, who participate in the movement for reform over a fourteen -year span. Varda represents the interplay of motherhood with women ’s lives as a continuum, not a disruptive episode, and she blends documentary -style devices with imaginative musical interludes: she shows actual women seeking abortions in Holland and includes songs about abortion, pregnancy, and motherhood. Oliver-Powell claims that Varda dramatizes unprecedented representations “of female friendship without pathology, of abortion without guilt, death or persecution, of motherhood without objectification....” A second essay, Rachel Hurst’s “Abortion as a Feminist Pedagogy of Grief in Marianne Apostolides’s Deep Salt Water,” proposes that the championing of women’s reproductive rights could better account for the context of difficult emotions and an imperfect world. Hurst uses reproductive justice approaches to critique simplistic rights-based arguments for abortion, premised on liberal concepts of choice and autonomy, which fail to understand the material conditions of poor women and especially women of color. Such analyses emphasize the necessity of rights discourses that include the right to bear and parent one’s own children free from violence and economic hardship, and they advocate the transformative possibilities of acknowledging rather than suppressing women’s ambivalence about their own abortions as well as others’ choices. Hurst describes a collaboration between two contemporary Canadian feminists, writer Marianne Apostolides and visual artist  9 Catherine Mellinger, in their mixed-media text, Deep Salt Water, which is organized according to the weeks of a pregnancy and the aftermath of its termination. Rather than falling back into familiar polarizations for and against “choice,” they use the story of Apostolides’s abortion seventeen years earlier... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response and Rejoinder DOES PHILOSOPHY NEED LITERATURE? a critical response by Hugh Mercer Curtler In the second issue of this journal,1 Jesse Kalin argues most provocatively that "philosophy needs literature" because the latter is capable of "rehearsing and exhibiting," as philosophy is not, "the moral construction of one's own life, namely that part of it in which concern and value" are involved (p. 182). Two of John Barth's novels— (...) The Floating Opera and The End of The Road—are used as examples and, according to Kalin, provide evidence for his thesis that philosophical novels present a certain kind of philosophical material in the only way it can be presented. More specifically, Kalin claims that these two novels (1) are both about nihilism, (2) advance the philosophical argument that nihilism is false, and (3) present this argument in a way it could not otherwise be presented. In Kalin's words, "the philosophical argument of these two novels cannot be presented in the normal non-literary mode exemplified by the essay and journal article" (p. 178). I shall examine each of these claims in turn. To say that Barth's novels are "about" moral nihilism is either trivially true or wrong-headed. If Kalin means that the novels "have to do with" moral nihilism, this is^ certainly true but not very significant. We might also say The End of The Road is about illegal abortion, the delights of teaching in a community college, or the trials and tribulations of a bachelor in a small town in Maryland. It appears, then, that Kalin has something more in mind; namely, that the point of the novel is an examination of moral nihilism. That this is indeed Kalin's intention would seem apparent from the second claim listed above: that Barth's novels argue that moral nihilism is "false." I shall examine the question ofwhether these novels "argue" the falsity of moral nihilism in a moment, but first I must raise an objection to the prior claim that such is the point of the novel. A novel does not make a point; it makes a great many points, it 110 Hugh Mercer Curtler111 provokes thought and raises questions, it suggests possibilities, it states truths (plural), and above all else it presents dramatically. That is to say, insofar as the novel is a work of art it does these things, and it is primarily a work of art. In terms of the contents of the novel, what we find is a host of images, thought fragments, figures, suggestions, hints, bits and pieces, and —if the novelist is a good one, like Barth—some valuable insights. If the novelist is a great one, then the insights are profound and worthy of repeated examination and reflection, although we may not always be able to make out precisely what the novelist has said; the novelist is a master of disguises and sleight of hand. The way of saying things is for him quite often more important than what is said. It is clear I share with Kalin very few assumptions about the nature of literature, or poetry, and its relationship to philosophy. With regard to his central claim that the "argument" of Barth's novels is (1) philosophical and (2) incapable of being presented in another form, I shall argue that because (2) is true (1) must be false. To prepare the way, I shall begin with a brief examination of the nature of "argument" as it applies in our present context. Kalin states that the argument presented by Barth in the novels is a "literarily advanced exhibitionary argument" (p. 180). What does it mean, though, to say the novel "argues" at all? Kalin surely does not contend that Barth is arguing philosophically in the manner of, say, Gilbert RyIe or even Kalin himself, hence his characterization of the argument as "exhibitionary." Barth's "argument," we must assume, seeks to persuade rather than to prove in any narrow logical sense of that term. Persuasion, in turn, is intuitive rather than reasoned, as suggested by Kalin's insistance that the argument cannot be separated from its literary form. As Kalin would have it, the novelist creates a... (shrink)

In 2019, several US states passed “heartbeat” bills. Should such bills go into effect, they would outlaw abortion once an embryonic heartbeat can be detected, thereby severely limiting an individual’s access to abortion. Many states allow health care professionals to refuse to provide an abortion for reasons of conscience. Yet heartbeat bills do not include a positive conscience clause that would allow health care professionals to provide an abortion for reasons of conscience. I argue that this (...) asymmetry is unjustified. The same criteria that justify protecting conscientious refusals to provide abortion also justify protecting positive conscientious appeals regarding abortion. Thus, if the law provides legal exemptions for health care professionals who, as a matter of conscience, refuse to provide abortions where it is legal, it should also provide exemptions for health care professionals who, as a matter of conscience, feel obligated to provide abortions where it is illegal. (shrink)

In Sri Lanka, termination of pregnancy, other than in extreme circumstances, is strictly illegal. Among the public and large sections of the medical community there is widespread support for some degree of liberalization of the law, particularly where this relates to serious genetic conditions which can be identified prenatally. Tension emerges out of a publicly maintained conservatism on issues of abortion on the one hand and a growing disconnection from unregulated practices of termination in the private sector on (...) the other. Social science approaches have much to contribute when understanding the ‘therapeutic gap’ that opens up and, in particular, the way that local ideas of fate, destiny and how suffering might be ameliorated become blended with the predictive power of genetic testing. (shrink)

A referendum on abortion in the Republic of Ireland a while ago was strongly influenced by a curious case that aroused great controversy. You probably remember it, but I'll briefly recap the main points. A (very) young rape victim wanted an abortion (or her parents wanted it for her -- I'm not really sure, but it doesn't matter here). She was not only denied it, abortion being illegal in the Republic, but was prevented by a court (...) ruling from going to get one in a country where abortion is allowed. Now, I'm not concerned here with the moral question of abortion itself; what interests me is the confusion evinced (but apparently not felt) by most of those whose comments on the case were reported -- a confusion that afflicted those on both sides of the debate. The results of the recent referendum have reflected the confusion perfectly, with the Irish people offering their collective opinion that a woman shouldn't be allowed an abortion even if her life is endangered, but that women should be allowed free access to information about abortion and to travel to countries where abortion is legal. This would still have denied an abortion to the young rape victim, but would have allowed her to come to England for one. The confusion, it seems to me, is a symptom of two dangerous tendencies of thought concerning other people's moral beliefs -- tendencies which are often linked. (shrink)

In a recent study appearing in Neuroethics, I reported observing 11 significant correlations between the “Dark Triad” personality traits – Machiavellianism, Narcissism, and Psychopathy – and “conservative” judgments on a 17-item Moral Intuition Survey. Surprisingly, I observed no significant correlations between the Dark Triad and “liberal” judgments. In order to determine whether these results were an artifact of the particular issues I selected, I ran a follow-up study testing the Dark Triad against conservative and liberal judgments on 15 additional moral (...) issues. The new issues examined include illegal immigration, abortion, the teaching of “intelligent design” in public schools, the use of waterboarding and other “enhanced interrogation techniques” in the war on terrorism, laws defining marriage as the union of one man and one woman, and environmentalism. 1154 participants (680 male, 472 female; median age 29), recruited online through Amazon Mechanical Turk, completed three surveys: a 15-item Moral Intuition Survey (MIS), the 28-item Short Dark Triad personality inventory, and a five-item demographic survey. The results strongly reinforce my earlier findings. Twenty-two significant correlations were observed between “conservative” judgments and the Dark Triad (all of which were significant past a Bonferonni-corrected significance threshold of p = .0008), compared to seven significant correlations between Dark Triad and “liberal” judgments (only one of which was significant past p = .0008). This article concludes by developing a novel research proposal for determining whether the results of my two studies are “bad news” for conservatives or liberals. (shrink)

In response to the Eighth Amendment to the Constitution of Ireland, which states that the fetus and the mother have equal rights to life and that nearly all abortions are therefore illegal, many Irish feminists sported luggage tags that read “HEALTHCARE NOT AIRFARE.” The expression—which recently became a popular twitter hashtag for pro‐choice citizens of Ireland leading up to the historic referendum to repeal that abortion ban—refers to the fact that pregnant women from Ireland have long been forced (...) to travel to other European countries in order to legally terminate their pregnancies. In the United States, there is also a deep and challenging relationship between borders and reproductive health. However, that relationship is not understood as clearly as it appears to be in the Irish context. We urgently need to pay careful attention to the interconnections between U.S. border politics and reproductive health care access and to take concrete steps to address resultant injustices. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa (...) become more liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

The Silent Scream, a videotape which includes footage of a real time sonogram of an abortion in progress, has been receiving considerable attention in America as the anti-abortion movement’s latest argument. The tape has been enthusiastically endorsed by President Reagan and has been distributed to every member of Congress and to each of the Supreme Court justices. It is produced and narrated by Bernard N. Nathanson, a practicing obstetrician and gynecologist, and it includes a number of implicit and (...) explicit claims which are highly controversial. Chief among these are: (1) the claim that since we can draw no morally significant line during the stages of fetal development, the fetusmust be recognized as a person from conception onward, (2) the claim that the film is a high tech, state of the art proof that abortion is the brutal murder of an innocent human being, (3) the claim that in abortion the fetus experiences terror and pain, and (4) the claim that as long as abortion is legal, showing this film (or one relevantly similar) must be made part of the informed consent procedure for abortion. My purpose in this paper is to examine these claims to see if The Silent Scream adds anything to the moral case for making abortion illegal. I give particular attention to two claims which are seldom addressed in the abortion debate, viz., that the fetus experiences terror and pain during an abortion, and that women have not had the information they need (but which this film provides) to give an adequately informed consent to abortion. Since there is so much confusion in the abortion debate, and since this film trades on that confusion, my broader purpose is to add some clarificationto the public discussion of this issue, which is daily becoming a more divisive issue of public policy. (shrink)

The Silent Scream, a videotape which includes footage of a real time sonogram of an abortion in progress, has been receiving considerable attention in America as the anti-abortion movement’s latest argument. The tape has been enthusiastically endorsed by President Reagan and has been distributed to every member of Congress and to each of the Supreme Court justices. It is produced and narrated by Bernard N. Nathanson, a practicing obstetrician and gynecologist, and it includes a number of implicit and (...) explicit claims which are highly controversial. Chief among these are: (1) the claim that since we can draw no morally significant line during the stages of fetal development, the fetusmust be recognized as a person from conception onward, (2) the claim that the film is a high tech, state of the art proof that abortion is the brutal murder of an innocent human being, (3) the claim that in abortion the fetus experiences terror and pain, and (4) the claim that as long as abortion is legal, showing this film (or one relevantly similar) must be made part of the informed consent procedure for abortion. My purpose in this paper is to examine these claims to see if The Silent Scream adds anything to the moral case for making abortion illegal. I give particular attention to two claims which are seldom addressed in the abortion debate, viz., that the fetus experiences terror and pain during an abortion, and that women have not had the information they need (but which this film provides) to give an adequately informed consent to abortion. Since there is so much confusion in the abortion debate, and since this film trades on that confusion, my broader purpose is to add some clarificationto the public discussion of this issue, which is daily becoming a more divisive issue of public policy. (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be (...) discussed in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

Proponents of fetal rights argue that, from the moment of conception, a fetus has significant human rights. There are degrees of opinion, however, about the scope of those rights, with some arguing that, in certain circumstances, such as where the conception is the result of rape, the mother's rights predominate. Others argue that the fetus' rights are absolute and should override the woman's right to life and health so that pregnancies cannot be terminated, even to save women's lives. Various countries (...) explicitly or implicitly recognise the status of the fetus as a separate person with varying degrees of rights. For example, the Irish Constitution recognises the ‘right to life of the unborn’ and the 2004 US Unborn Victims of Violence Act views violence against a pregnant woman as a crime against two people, one of whom is the child in utero. The 1969 American Convention on Human Rights has been signed by most Latin American countries and recognises full human rights as applying from conception. In the UK, the fetus has no legal rights but it is widely agreed that the closer a fetus is to being capable of independent existence outside the womb, the greater the moral obligations owed to it. This is reflected in the abortion law only permitting termination of a pregnancy at the later stages in restricted circumstances.In Brazil, the issue of fetal rights was highlighted in May 2010 when a Bill was put forward which aimed to give the fetus priority in law and to make illegal any act or omission that could have a negative impact on it. The bill proposes that the family, society and the …. (shrink)

IntroductionElements mark the reality of reading the female body in symbolic constructions and social symbols in the exercise of their reproductive health. The study aims to identify elements that characterize the female condition while analyzing the reproductive health of Brazilian and French women.Materials and MethodsA qualitative, multicenter, international study was conducted in Brazil and in France between 2016 and 2019. Data were produced through the use of semi-structured scripts. Focus group discussions and individual interviews were conducted with women who gave (...) birth, hetero-female couples who lived the experience of gestation and birth of a baby, and professionals of maternal and childcare services or members of the associations concerned with the health of mothers and babies. It was guided by the theoretical-methodological framework of institutional analysis in line with the French Institutional Socioclinics.ResultsSexual and reproductive health in the realities researched in Brazil and France are sometimes close and sometimes far apart. In what involves the Brazilian health system, abortion is criminalized and often performed illegally. Furthermore, pregnancy, childbirth, and the postpartum period are highly medicalized. In addition, childbirth is not assured as an experience for a woman and her family. This aspect is confirmed by high numbers of cesarean sections performed or by maternal and infant mortality indicators. The French health system prioritizes vaginal deliveries and seems to assure more autonomy to women, but at the same time, it is worn out by the logic of profit, the efficiency of actions, and the rationalization of practices. In association with these, there are other intrinsic elements in the functioning of the institution that delineates the format of each country: notion of women's rights, violence against women, and discussion regarding the oppression markers of race, gender, sexuality, and social class.ConclusionsBoth countries reveal aspects related to the social role of women's bodies. The established logic reflects in the decision to have children, motherhood, women's autonomy over their own bodies, and in the core values linked to the termination of pregnancy and the professional practices developed in prenatal care, childbirth, and postpartum. (shrink)

I clarify Kant's classification of duties and criticize the apocryphal tradition that, according to Kant, perfect duties trump imperfect duties. I then use Kant's view to argue that judges who believe that an action is immoral and should be illegal need not set aside their beliefs in order to comply with binding precedents that permit the action. The same view of morality that causes some people to oppose certain actions, including abortion, requires lower–court judges to comply with binding (...) precedents. Therefore, someone's opposition to legal abortion, by itself, does not justify opposing that person's nomination to a lower court. (shrink)

In this paper, I will explore the relationship between ideal and nonideal theories and bioethics. I explore the challenges we face in their implementation in the real world. I argue that there is no sole theory that can guide the multiplicity of real world cases and policies. If we consider there are a variety of possibilities, we should ask several questions: When should we use NITs and when should we opt for ITs? Are there appropriate criteria for making these decisions? (...) Which are the valid uses or justifications for NITs? Is there a way to guide the decision-making process in real world contexts? This paper will try to answer the above questions. In the first part of this paper, I make some distinctions to present the theoretical arena and debate, and I propose five criteria that can help our decision making process. In the second part, I introduce two cases focused on reproductive rights-related problems in order to apply the decision-making process developed in the first part. The first one examines conscientious objection in the case of legal abortion in Argentina and the second one analyzes the case of research with pregnant women in countries where abortion is illegal. In one case, I argue that we ought to follow NIT, while in the other we should follow IT. (shrink)

This paper is about a drug called misoprostol and its controversial clinical and social lives. Although originally developed as a prevention for gastric ulcers, in the 1980s, it developed an off-label reputation as an abortifacient. The drug’s association with clandestine abortion has profoundly shaped its social life as a marginal and suspect character in the realm of global maternal and reproductive health where it has the potential to prevent two major causes of maternal death––postpartum hemorrhage and unsafe abortion. (...) The social life of misoprostol has also been shaped by the question of authoritative practice, that is, the question of who can deliver medicine. Both issues are about the specters of misuse of misoprostol: off-label, illegal, immoral, or by unlicensed providers. In this paper, I focus ethnographically on two women’s health nongovernmental organizations that have been conducting clinical testing and advocacy for the use of misoprostol for reproductive indications in global maternal health settings. Drawing on the notions of pharmaceutical activism and protocol feminism, I describe and analyze how the tools of evidence and authoritative practice have been reassembled in new networks of expertise toward the social justice goals of life, access, and dignity for women. (shrink)

Background A baby hatch called the “Stork’s Cradle” has been in place at Jikei Hospital in Kumamoto City, Japan, since May 10, 2007. Babyklappes were first established in Germany in 2000, and there are currently more than 90 locations. Attitudes regarding baby hatches are divided in Japan and neither opinions for nor against baby hatches have thus far been overwhelming. To consider the appropriateness of baby hatches, we present and examine the validity of each major objection to establishing baby hatches. (...) Discussion There are various objections to baby hatches as follows: It violates a child’s right to know the identity of his or her biological parents by allowing anonymous birth; it neglects fulfillment of the biological parents’ basic obligation to raise their child and its very availability induces abandonment of infants; some people abuse it for very selfish reasons; it cannot save babies’ lives; the rights of one parent can be ignored if the other surrenders a child without his or her consent; it puts a baby in medical jeopardy; and it has no clear legal basis. The authors would argue that there are many plausible refutations for each objection mainly based on priority of child’s right to life, pregnant women’s vulnerability and necessity of anonymity, social responsibility to protect and raise children, differences between dropping a child off at a baby hatch and child neglect, limited function of social childcare center, inevitability of abuse by a minority of people, necessary distinction between outcomes that occur only because baby hatches exist and those that occur regardless of their existence, important local direct and upmost measures for women in trouble, and difference between ambiguous legality and illegality. Summary We argue that a certain number of baby hatches should continue to be established as a last resort, in a form that can maintain anonymity if the parent dropping the child off so desires. It should be supported if it is initiated with good intentions; if the maximum possible effort is made at said facility to protect the interests, rights, and safety of the child; and if no clear evidence of harm exists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.2 (2002) 194-196 [Access article in PDF] The Body Toxic: An Environmental Memoir by Suzanne Antonetta. Washington, D.C.: Counterpoint, 2001. Pp. 242. Hardback $26; paper $15.00. ISBN 1-5824-3209-0. Memoirs rely on the power of recollection to reproduce the inward texture of experience. Autobiographies cast their authors as historians of the self, combing through documents and old letters, checking facts. In her first prose work, the (...) accomplished poet Suzanne Antonetta crosses the boundary between memoir and autobiography. Interweaving the rough textures of memory with slick surfaces of corporate data, she gives us a lyric meditation on the struggle to become undeceived. Recounting both the facts of corporate malfeasance and our fantastic capacity to filter our reality, she captures the relation between failures of understanding and failures of responsibility. She shows us how difficult it is to accept an unofficial truth. The Body Toxic is a thoughtful and obsessively readable contribution to environmental ethics.Antonetta tells us of childhood exposure to toxic wastes in a penurious and neglected corner of Barnegat Bay. She writes in retrospect, with painfully acquired knowledge of cancer clusters and disease-ridden families. [End Page 194] Her own body's malformed reproductive organs, riddled with tumors, prove spectacularly and tragically infertile when quadruplets spontaneously abort. Sharp backward glances at childhood pleasures; crabbing, berrying, and running through the sweet-smelling spray of DDT, twist us around. Children of the 1960s trail through pesticide as if the weekly truck brought some poisonous ice cream. The mosquitoes thrived: what happened to the children? We revisit these scenes obliquely. Denzer-Schaefer empties its effluent into the bay, cost-efficient Ciba-Geigy rids their chemical wastes through a pipe running straight into the woods, the local farm has become an illegal toxic dump for an unscrupulous contractor. Fire at a nearby nuclear weapons silo has hapless firemen spraying radioactive water into the air. The government responds: they build a chain link fence around the site. A nuclear power plant of the 'old-school' emanates levels of radioactivity to rival Chernobyl. The plant managers assiduously cover it up. This is not some national catalogue of Superfund sites: all take place within a dozen or so miles of a childhood summer house in New Jersey. These shards of a case study are scattered throughout Antonetta's non-linear narrative, piecing together experience, cause and effect.But this work is more ethically and artistically ambitious than the artificial clarity of case studies. Powerfully, Antonetta shows us the inner tangle of toxic mental life: the depression, listlessness, confusion, and self-medication of barely cognized symptoms. Self-clouding toxicity affects both the body and the mind. She fears that she and other family members are not right in the head. How far can she trust herself, and how far can she trace the causes? Is it heredity? Is it toxicity? Has toxic exposure potentiated some family trait? She reads out strings of hazardous chemicals like a rosary, overdetermining all of her symptoms. The distance between cause and effect shields the guilty. Strong toxicity undermines the ability of its victims to understand and act. The Body Toxic is part case study, part phenomenology of altered consciousness, and all too human. A course in environmental ethics could make imaginative use of its insights into a wide range of anthropocentric concerns. Antonetta considers questions of environmental justice, religious beliefs about the natural order, environmental responsibility and property rights, nuclear risk, and cost-benefit analysis in multi-dimensional form, an entry point for philosophical reflection. The Body Toxic is stimulating, controversial, and beautifully written.Many great works of literature signal their ethical intent by fostering a sense of identification with their subjects or protagonists. Antonetta's deft [End Page 195] blunt portraiture expands our moral sensibility by showing us how to be concerned for people with whom we are not meant to identify. The story begins before the beginning, with Antonetta's immigrant family. They are strangely familiar and not entirely sympathetic people, isolated between first generation immigrant cultures and fantasies of prosperous America, clinging to islands of... (shrink)

Introduction: bearing politics -- Abortion, sin, and the state -- A history of the abortion debate -- Conceiving the nation: representations of abortion in Thailand -- Corrupt girls, victims of men, desperate women: representations of women who abort -- 'A small sin': everyday acts -- 'The truth of our day by day lives': situational ethics -- Global debates, local dilemmas.

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.2 (2002) 194-196 [Access article in PDF] The Body Toxic: An Environmental Memoir by Suzanne Antonetta. Washington, D.C.: Counterpoint, 2001. Pp. 242. Hardback $26; paper $15.00. ISBN 1-5824-3209-0. Memoirs rely on the power of recollection to reproduce the inward texture of experience. Autobiographies cast their authors as historians of the self, combing through documents and old letters, checking facts. In her first prose work, the (...) accomplished poet Suzanne Antonetta crosses the boundary between memoir and autobiography. Interweaving the rough textures of memory with slick surfaces of corporate data, she gives us a lyric meditation on the struggle to become undeceived. Recounting both the facts of corporate malfeasance and our fantastic capacity to filter our reality, she captures the relation between failures of understanding and failures of responsibility. She shows us how difficult it is to accept an unofficial truth. The Body Toxic is a thoughtful and obsessively readable contribution to environmental ethics.Antonetta tells us of childhood exposure to toxic wastes in a penurious and neglected corner of Barnegat Bay. She writes in retrospect, with painfully acquired knowledge of cancer clusters and disease-ridden families. [End Page 194] Her own body's malformed reproductive organs, riddled with tumors, prove spectacularly and tragically infertile when quadruplets spontaneously abort. Sharp backward glances at childhood pleasures; crabbing, berrying, and running through the sweet-smelling spray of DDT, twist us around. Children of the 1960s trail through pesticide as if the weekly truck brought some poisonous ice cream. The mosquitoes thrived: what happened to the children? We revisit these scenes obliquely. Denzer-Schaefer empties its effluent into the bay, cost-efficient Ciba-Geigy rids their chemical wastes through a pipe running straight into the woods, the local farm has become an illegal toxic dump for an unscrupulous contractor. Fire at a nearby nuclear weapons silo has hapless firemen spraying radioactive water into the air. The government responds: they build a chain link fence around the site. A nuclear power plant of the 'old-school' emanates levels of radioactivity to rival Chernobyl. The plant managers assiduously cover it up. This is not some national catalogue of Superfund sites: all take place within a dozen or so miles of a childhood summer house in New Jersey. These shards of a case study are scattered throughout Antonetta's non-linear narrative, piecing together experience, cause and effect.But this work is more ethically and artistically ambitious than the artificial clarity of case studies. Powerfully, Antonetta shows us the inner tangle of toxic mental life: the depression, listlessness, confusion, and self-medication of barely cognized symptoms. Self-clouding toxicity affects both the body and the mind. She fears that she and other family members are not right in the head. How far can she trust herself, and how far can she trace the causes? Is it heredity? Is it toxicity? Has toxic exposure potentiated some family trait? She reads out strings of hazardous chemicals like a rosary, overdetermining all of her symptoms. The distance between cause and effect shields the guilty. Strong toxicity undermines the ability of its victims to understand and act. The Body Toxic is part case study, part phenomenology of altered consciousness, and all too human. A course in environmental ethics could make imaginative use of its insights into a wide range of anthropocentric concerns. Antonetta considers questions of environmental justice, religious beliefs about the natural order, environmental responsibility and property rights, nuclear risk, and cost-benefit analysis in multi-dimensional form, an entry point for philosophical reflection. The Body Toxic is stimulating, controversial, and beautifully written.Many great works of literature signal their ethical intent by fostering a sense of identification with their subjects or protagonists. Antonetta's deft [End Page 195] blunt portraiture expands our moral sensibility by showing us how to be concerned for people with whom we are not meant to identify. The story begins before the beginning, with Antonetta's immigrant family. They are strangely familiar and not entirely sympathetic people, isolated between first generation immigrant cultures and fantasies of prosperous America, clinging to islands of... (shrink)

Discrepancies between our moral theories and our practice, particularly as embodied in the law, are not infrequent. The main theme of this book is that this situation is not necessarily a matter for regret and may even be desirable. What scholars have tended to ignore or underplay (though surely at least since Bentham they are aware of it) is the process of translating theory into practice, which is itself something subject to moral evaluation. Orentlicher examines the process in relation to (...) three life and death issues; first euthanasia, then abortion, and finally the withholding of futile treatment. With reference to euthanasia the problem is that the law draws a distinction between withdrawal of treatment (passive euthanasia) which is legal, and assisted suicide (active euthanasia) which is almost everywhere illegal. But the distinction seems to lack a moral basis. Orentlicher examines in detail attempts to defend the distinction (natural versus unnatural deaths, acts versus omissions, proper pain management removes the need for assisted suicide etc) and does a good job in demolishing them all, concluding at the end of chapter 3 that there is no morally relevant difference. In chapter 4, however, he argues that a legal distinction between the two is still justified. How can this be? The answer is that there is a real moral distinction to be made between justified and unjustified deaths. By way of illustration he describes the deaths of four different patients. The first patient is a young man of 24 who refuses life saving antibiotics without giving a reason; the second an elderly patient who requires ventilation …. (shrink)

This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess in order to have a serious right to life. The approach involves defending, then, a basic principle (...) specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)