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)

Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this (...) position, by arguing against three common arguments for a right to the death of the fetus. I claim that their arguments are mistaken. I argue that there is a right to the death of the fetus because gestating a fetus in an artificial womb when genetic parents refuse it violates their rights not to become a biological parent, their rights to genetic privacy and their property rights. The right to the death of the fetus, however, is not a woman's right but genetic parents’ collective right which only can be used together. (shrink)

A recent article argued for the immorality of abortion regardless of personhood status by comparing the impairment caused by fetal alcohol syndrome to the impairment caused by abortion. I argue that two of the premises in this argument fail and that, as such, one cannot reasonably attribute moral harms to abortion on the basis of the moral harms caused by fetal alcohol syndrome. The impairment argument relies on an inconsistent instantiation, which undermines the claim that personhood is (...) irrelevant, and it does not fulfill its own ceteris paribus clause, which demands that no additional benefit be gained from abortion that would not be gained from causing fetal alcohol syndrome. (shrink)

This book has two main concerns. The first is to isolate the fundamental issues that must be resolved if one is to be able to formulate a defensible position on the question of the moral status of abortion. The second is to determine the most plausible answer to that question. With respect to the first question, the author argues that the following issue–most of which are ignored in public debate on the question of abortion–need to be considered. First, (...) can the abortion question be decided without resolving the issue of the moral status of the fetus? Second, is the fact that the fetus belongs to the biologically defined species Homo Sapiens morally significant in itself? Third, what non-potential properties and necessary and/or sufficient to endow something with a right to life? Fourth, do the corresponding potentialities also make it wrong to destroy something? Fifth, does any property that suffices to give something a right to life admit of degrees, and if so, is it morally significant regardless of the extent to which it is present? Sixth, is it morally permissible to refrain from producing additional people who would lead satisfactory lives? And finally, at what point do developing human beings acquire those properties that give something a right to life – at conception, or at some later point? Alternative answers to these central questions are set out and discussed in a detailed way. Some of the issues are difficult, but it is argued that plausible answers can be advanced, and that they support a liberal position on the morality of abortion. (shrink)

A few decades from now, it might become possible to gestate fetuses in artificial wombs. Ectogestation as this is called, raises major legal and ethical issues, especially for abortion rights. In countries allowing abortion, regulation often revolves around the viability threshold—the point in fetal development after which the fetus can survive outside the womb. How should viability be understood—and abortion thus regulated—after ectogestation? Should we ban, allow or require the use of artificial wombs as an alternative to (...) standard abortions? Drawing on Cohen, I evaluate three possible positions for the post-ectogestative abortion laws: restrictive, conservative and liberal. While the restrictive position appears untenable, I argue that the liberal and conservative positions can be combined to form a legally and morally coherent basis for post-ectogestative abortion legislation, offering an improvement from the point of both prolife and prochoice positions. (shrink)

In this article, I urge that mainstream discussions of abortion are dissatisfying in large part because they proceed in polite abstraction from the distinctive circumstances and meanings of gestation. Such discussions, in fact, apply to abortion conceptual tools that were designed on the premiss that people are physically demarcated, even as gestation is marked by a thorough-going intertwinement. We cannot fully appreciate what is normatively at stake with legally forcing continued gestation, or again how to discuss moral responsibilities (...) to continue gestating, until we appreciate in their own terms the goods and evils distinctive of gestational connection. To underscore the need to explore further the meanings of gestation, I provide two examples of the difference it might make to legal and moral discussions of abortion if we appreciate more fully that gestation is an intimacy. (shrink)

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

We ought to treat others’ moral views with respect, even when we disagree. But what does that mean? This paper articulates a moral obligation to make ourselves open to sincere moral persuasion by others. Doing so allows us to participate in valuable relationships of reciprocal respect for agency. Yet this proposal can sound tritely agreeable. To explore its full implications, the paper applies the general obligation to one of the most challenging topics of moral disagreement: the morality of abortion. (...) I consider and reject arguments that abortion decisions have special features exempting them from the obligation to be open to moral persuasion. Further, I argue that viewing fetal ultrasound images can accomplish morally persuasion. Accordingly, in at least some cases a woman seeking abortion has an obligation to view fetal ultrasound images as a means of being open to moral persuasion. However, this conclusion does not support recent laws compelling women seeking abortion to view ultrasound images; such laws are in fact incompatible with the respect for agency that underwrites the obligation to be open to persuasion. (shrink)

This paper argues that abortion access is an important subject for bioethics scholarship and reflects on the relationship between legal frameworks and access to care. The author uses the example of the United Kingdom to examine the benefits and limitations of abortion-permissive legal frameworks in terms of access. These are legal frameworks that enable the provision of abortion but subject to restrictions. An abortion-permissive regime—first in Great Britain and then in Northern Ireland—has gone some way to (...) improving access to care over time. However, aspects of the regime (that lead to its description as permissive rather than supportive of abortion) have the potential to endanger abortion access in the future and so legal reform is necessary. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and (...) the moral relevance of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

The upcoming U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization has the potential to eliminate or severely restrict access to legal abortion care in the United States. We a...

William Simkulet has challenged our recent argument that parents have an obligation to donate organs and tissues to the same extent that abortion is restricted. The central feature of our argument is that parents have a duty to protect their offspring. If this duty is sufficient to require gestation of a fetus, then it is also sufficient to require that the parent allow offspring the continued use of their organs and tissues. Simkulet challenges this argument on several fronts. In (...) this paper, we refute each of these challenges and further clarify the contours of our argument. In particular, our rebuttal highlights the relation between special obligations an agent-neutral obligations and the biological foundation of the duty to protect. (shrink)

The newest addition to the Point/Counterpoint Series, Abortion: Three Perspectives features a debate between four noted philosophers - Michael Tooley, Celia Wolf-Devine, Philip E. Devine, and Alison M. Jaggar - presenting different perspectives on one of the most socially and politically argued issues of the past 30 years. The three main arguments include the "liberal" pro-choice approach, the "communitarian" pro-life approach, and the "gender justice" approach. Divided into two parts, the text features the authors' ideas, developed in depth, and (...) their responses to one another within each framework. As philosophers, the authors have special skills in critical analysis and thinking systematically about values. The text is appropriate for advanced courses in ethics, bioethics, sex and gender issues, and contemporary moral issues. (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if (...) the fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

Opponents of abortion sometimes hold that it is impermissible because fetuses are persons from the moment of conception. But miscarriage, which ends up to 89 % of pregnancies, is much deadlier than abortion. That means that if opponents of abortion are right, then miscarriage is the biggest public-health crisis of our time. Yet they pay hardly any attention to miscarriage, especially very early miscarriage. Attempts to resolve this inconsistency by adverting to the distinction between killing and letting (...) die or to the difficulty of preventing miscarriage fail, leaving a dilemma. Opponents of abortion should either advocate a substantial shift in our political and medical priorities or else give up the view that fetuses are persons from the moment of conception. (shrink)

The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent person.Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, (...) a woman may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong. (shrink)

In most countries where Islam is acknowledged as a, or the, source of legislation, abortion is permitted under certain conditions and at certain stages of pregnancy. This article examines some of these laws and argue that they represent a continuation of the logic that governed the views of pre-modern Muslim jurists on abortion, that is, harm aversion. However, these laws also add a ‘modernist’ twist to that logic – rather than repealing that logic altogether, modernist views on ‘rights’ (...) and the advancement of medical knowledge and technology have influenced the priorities of Muslim jurists and lawmakers as far as abortion and the issues associated with it are concerned. This influence has furthermore been possible by a conscious selection and blending of pre-modern views to serve modern concerns. In all this, however, harm aversion remains the centrifugal principle, even when the abortion discourse in Muslim countries appears couched in the modernist discourse of rights. (shrink)

I explore two thought-experiments in Judith Jarvis Thomson’s important article, “A Defense of Abortion”: the violinist example and the people-seeds example. I argue (contra Thomson) that you have a moral duty not to unplug yourself from the violinist and also a moral duty not to destroy a people-seed that has landed in your sofa. Nevertheless, I also argue that there are crucial differences between the thought-experiments and the contexts of pregnancy due to rape or to contraceptive failure. In virtue (...) of these differences, it would not follow from my conclusions about the violinist and people-seeds cases that abortion would not be permissible in a case of rape or in a case of voluntary intercourse with contraceptive failure. (shrink)

When restrictive abortion policies are presented there are often two questions posed: will there be an exception to save the life of the ‘mother’ and will there be an exception in the case of rape or incest. This article will demonstrate that there are no distinctive elements to the first ‘exception’, that do not also apply to all abortions on demand. Through consideration of the potentially lethal impacts of pregnancy on physical and mental health, the case will be made (...) that all requested abortions fit the criteria of ‘medically necessary’. (shrink)

In ‘Why Abortion is Immoral’, Don Marquis argues that abortion is wrong for the same reason that murder is wrong, namely, that it deprives a human being of an FLO, a ‘future like ours,’ which is a future full of value and the experience of life. Marquis’ argument rests on the assumption that the human being is somehow deprived by suffering an early death. I argue that Marquis’ argument faces the ‘Epicurean Challenge’. The concept of ‘deprivation’ requires that (...) some discernible individual exists who can be deprived. But if death involves total annihilation, then no discernible individual exists to be so deprived. I argue that the Epicurean Challenge must be addressed before it can be proven that Marquis is correct to claim that abortion and murder are wrong because they deprive someone of an FLO. (shrink)

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus (...) we are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

Arguments are nowadays often presented as soundbites: as slogans, tweets, memes and even gifs. Arguments developed in detail often meet the response TL;DR (Too Long, Didn’t Read). This is unfortunate—especially when tackling the topic of abortion. Soundbites make many pro-life arguments seem stronger than they really are, while the complexities of pro-choice arguments can’t be readily reduced to soundbites.

In recent years, multifetal pregnancy reduction (MFPR) has increasingly been the subject of debate in Norway, and the intensity reached a tentative maximum when Legislation Department delivered the interpretative statement § 2 - Interpretation of the Abortion Act in 2016 in response to the Ministry of Health (2014) requesting the Legislation Department to consider whether the Law on abortion allows for MFPR of healthy fetuses in multiple pregnancies. The Legislation Department concluded that current abortion laws allow MFPR (...) within the framework the law otherwise stipulates. The debate has not subsided, and during autumn 2018, it was further intensified in connection with the Christian Democrat "crossroads" and signals from the Conservatives to consider removing §2.3c and to forbid MFPR. -/- Many of the arguments in the MFPR debate appear seemingly similar to arguments pending in the general abortion debate, and an analysis of what sets MFPR apart from other abortions is wanting. The aim of this article is, therefore, to examine whether there is a moral distinction between abortion and MFPR of healthy fetuses. We will cover the typical arguments of the Norwegian debate, and highlight them with scholarly articles from the literature. The most important arguments against MFPR that we have identified we have dubbed the harm argument, slippery-slope argument, intent argument, grief argument, psychological long-term effects for the woman and sorting argument. We conclude that counter-arguments do not measure up in terms of detecting a morally relevant difference between MFPR of healthy fetuses and abortions. Our conclusion is therefore that—despite what several debaters seem to think—there is no morally relevant difference between the two. Therefore, when we allow abortion, we should also allow MFPR. (shrink)

In “Abortion and Ownership” John Martin Fischer argues that in Judith Jarvis Thomson’s violinist case you have a moral obligation not to unplug yourself from the violinist. Fischer comes to this conclusion by comparing the case with Joel Feinberg’s cabin case, in which he contends a stranger is justified in using your cabin to stay alive. I argue that the relevant difference between these cases is that while the stranger’s right to life trumps your right to property in the (...) cabin case, the violinist’s right to life does not trump your right to liberty in the violinist case. (shrink)

In a recent JME paper, Matthew John Minehan applies John Rawls’ veil of ignorance against Judith Thomson’s famous violinist argument for the permissibility of abortion. Minehan asks readers to ‘imagine that one morning you are back to back in bed with another person. One of you is conscious and the other unconscious. You do not know which one you are’. Since from this position of ignorance, you have an equal chance of being the unconscious violinist and the conscious person (...) attached to him, it would be rational to oppose a right for detachment. Likewise, behind the veil of ignorance, it is rational to oppose abortions since you could be the fetus, Minehan claims. This paper provides a plausible reply to this argument. (shrink)

In 2018, Irish citizens voted overwhelmingly to repeal the Eighth Amendment to the Constitution to allow for the introduction of a more liberal abortion law. In this article, I develop a retrospective reading of the stubborn persistence of the denial of reproductive rights to women in Ireland over the decades. I argue that the ban’s severity and longevity is rooted in deep-seated, affective attachments that formed part of processes of postcolonial nation-building and relied on shame and the construction of (...) the Irish nation as a particular, gendered place. The article develops the notion of ‘gendered displacement’ to conceptualise abortion travel in the context of the history of women’s coercive confinement, and provides an affective, feminist reading of the interlinkages between place and nationhood. It also draws on three cases—the X, Y and Z cases—to illustrate the centrality of place and women’s occupation of space to the analysis of Ireland’s abortion ban, which should be read in the wider context of the legacy of what I term the ‘affective politics of place’. (shrink)

Marquis’ future-like-ours argument against the morality of abortion assumes animalism—a family of theories according to which we are animals. Such an assumption is theoretically useful for various reasons, e.g., because it provides the theoretical underpinning for a reply to the contraception-abstinence objection. However, the connection between the future-like-ours argument and one popular version of animalism can prove lethal to the former, or so I argue in this paper.

SummaryThis paper examines the official abortion statistics for South Australia since the legalization of abortion in January 1970. The incidence of abortion is shown to be increasing steadily—in 1976 more than half of the extramarital pregnancies were terminated and the overall ratio of abortions to live births was nearly 1:6. Most abortion patients were single, young women. Comparison of fertility levels in South Australia with the rest of Australia shows that the fertility decline has been much (...) more rapid in South Australia, suggesting that unless the South Australian women are more efficient users of contraception than other Australian women, a significant proportion of the fertility decline in South Australia has to be attributed to legalized abortion. (shrink)

Abortion for life-limiting foetal anomaly is often an intensely painful choice for the parents; though widely offered and supported, it is surprisingly difficult to defend in ethical terms. Abortion on this ground is sometimes defended as foetal euthanasia but has features which sharply differentiate it from standard non-voluntary euthanasia, not least the fact that any suffering otherwise anticipated for the child may be neither severe nor prolonged. Such abortions may be said to reduce suffering for the family including (...) siblings – a consideration rarely stated so explicitly in defences of postnatal euthanasia – or for the woman who must in any case face the eventual loss of her baby, and for whom the abortion is seen as therapeutic in minimising pain. Finally, the abortion may be said to constitute the cessation of morally optional life support on the part of the woman, and/or to be a ‘social’ choice she is entitled to make, whether or not this in fact promotes her interests or those of her child. These defences need honest exploration: the intense parental suffering caused by the choice to end an often much-wanted pregnancy should not preclude but rather encourage the question whether this choice can indeed be ethically proposed to couples, especially compared with the neonatal palliative care (‘perinatal hospice’) approach so well received by parents who experience it. (shrink)

The contemporary philosophical literature on abortion primarily revolves around three seemingly intractable debates, concerning the (1) moral status of the fetus, (2) scope of women’s rights and (3) moral relevance of the killing/letting die distinction. The possibility of ectogenesis—technology that would allow a fetus to develop outside of a gestational mother’s womb—presents a unique opportunity for moral compromise. Here, I argue those opposed to abortion have aprima faciemoral obligation to pursue ectogenesis technology and provide ectogenesis for disconnected fetuses (...) as part of a moral compromise. (shrink)

We are beings endowed with “personal capacities”—the capacity for reason, for a concept of self, perhaps more. Among ontologically salient views about what else we are, I focus on the “Big Three.” According to animalism, we are animals that have psychological properties only contingently. According to psychologistic materialism, we are material beings; according to substance dualism, we are either immaterial beings or composites of immaterial and material ones; but according to both psychologistic materialism and substance dualism, we essentially have some (...) psychological properties. I argue that—contrary to what has been argued and is natural to think—none of the Big Three yields different assignments of moral status to early fetuses from any of the others, and consequently the moral status of early abortion doesn’t depend on which (if any) of these views of personal ontology is correct. (shrink)

Abortion has long been a central issue in the arena of applied ethics, but, the distinctive analysis of feminist ethics is generally overlooked in most philosophic discussions. Authors and readers commonly presume a familiarity with the feminist position and equate it with liberal defences of women's right to choose abortion, but, in fact, feminist ethics yields a different analysis of the moral questions surrounding abortion than that usually offered by the more familiar liberal defenders of abortion (...) rights. Most feminists can agree with some of the conclusions that arise from certain non-feminist arguments on abortion, but they often disagree about the way the issues are formulated and the sorts of reasons that are invoked in the mainstream literature. (shrink)

ABSTRACTSince 2007, when Mexico City decriminalized abortion during the first trimester, a debate has been taking place regarding abortion and the right to conscientious objection. Many people argue that, since the provision of abortions is now a statutory duty of healthcare personnel there can be no place for “conscientious objection.” Others claim that, even if such an objection were to be allowed, it should not be seen as a right, since talk about a right to CO may lead (...) to a slippery slope where we may end up recognizing a right to disobey the law. In this paper, I argue that there is a right to CO and that this may be justified through the notions of autonomy and integrity, which a liberal democracy should respect. However, it cannot be an absolute right, and in the case of abortion, it conflicts with women’s reproductive rights. Therefore, CO should be carefully regulated so that it does not obstruct the exercise o... (shrink)

It is natural for those with permissive attitudes toward abortion to suppose that, if they have examined all of the arguments they know against abortion and have concluded that they fail, their moral deliberations are at an end. Surprisingly, this is not the case, as I argue. This is because the mere risk that one of those arguments succeeds can generate a moral reason that counts against the act. If this is so, then liberals may be mistaken about (...) the morality of abortion. However, conservatives who claim that considerations of risk rule out abortion in general are mistaken as well. Instead, risk-based considerations generate an important but not necessarily decisive reason to avoid abortion. The more general issue that emerges is how to accommodate fallibilism about practical judgment in our decision-making. (shrink)

Official statistics on abortion in South Australia for the period 1971–86 are analysed in terms of incidence, age of patients and nuptiality, reasons for abortion, method of termination, period of gestation, previous abortions and concurrent sterilisation. Demographic implications are discussed and recommendations are made for more education and counselling, especially for younger and unmarried women for whom the incidence of abortion seems to be rising.

This paper explores the rationale for violence and coercion aimed at preventing abortion conceived as the killing of an innocent person. Some important arguments for personhood at conception are examined, and in the light of the examination the paper considers whether they warrant concluding that a free and democratic society should pass laws recognizing personhood at conception. The wider concern is what principles such a society should use as a basis for legal coercion and what principles conscientious individuals should (...) use insofar as they judge that self-defense or, especially, protection of the innocent, requires violence. (shrink)

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not (...) alone did it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)

The contention that abortion harms women constitutes a new strategy employed by the pro-life movement to supplement arguments about fetal rights. David C. Reardon is a prominent promoter of this strategy. Post-abortion syndrome purports to establish that abortion psychologically harms women and, indeed, can harm persons associated with women who have abortions. Thus, harms that abortion is alleged to produce are multiplied. Claims of repression are employed to complicate efforts to disprove the existence of psychological harm (...) and causal antecedents of trauma are only selectively investigated. We argue that there is no such thing as post-abortion syndrome and that the psychological harms Reardon and others claim abortion inflicts on women can usually be ascribed to different causes. We question the evidence accumulated by Reardon and his analysis of data accumulated by others. Most importantly, we question whether the conclusions Reardon has drawn follow from the evidence he cites. (shrink)

This essay deals with the morality of abortion. We argue that abortion is morally unobjectionable and that society benefits if abortion is available on demand. We begin by setting out a preliminary case in support of the practice of abortion. We then examine moral objections to abortion and show why those objections are unsound. We conclude by considering what properties something needs in order to have a serious right to life, and we show that a (...) human fetus does not possess those properties. Thus, since there is no moral objection to abortion, the practice must be viewed as both permissible and desirable, in the light of the advantages outlined in the first section of our paper. (shrink)

An obstacle to abortion exists in the form of abortion ‘counselling’ that discourages women from terminating their pregnancies. This counselling involves providing information about the procedure that tends to create feelings of guilt, anxiety and strong emotional reactions to the recognizable form of a human fetus. Instances of such counselling that involve false or misleading information are clearly unethical and do not prompt much philosophical reflection, but the prospect of truthful abortion counselling draws attention to a delicate (...) issue for healthcare professionals seeking to respect patient autonomy. This is the fact that even accurate information about abortion procedures can have intimidating effects on women seeking to terminate a pregnancy. Consequently, a dilemma arises regarding the information that one ought to provide to patients considering an abortion: on the one hand, the mere offering of certain types of information can lead to intimidation; on the other hand, withholding information that some patients would consider relevant to their decision-making is objectionably paternalistic on any standard account of the physician-patient relationship. This is an unsettling conclusion for the possibility of setting fixed professional guidelines regarding the counselling offered to women who are considering abortion. Thus, abortion ought to be viewed as an illuminating example of a procedure for which the process of securing informed consent ought to be highly context-sensitive and responsive to the needs of each individual patient. This result underscores the need for health care professionals to cultivate trusting relationships with patients and to develop finely tuned powers of practical judgment. (shrink)

Don Marquis argues that his “future of value” account of the ethics of killing affords us a persuasive argument against abortion that avoids difficult questions about the moral status of the fetus. I argue that Marquis’ account is missing essential detail required for the claimed plausibility of the argument and that any attempt to provide this needed detail can be expected to undercut the claim of plausibility. I argue that this is the case because attempts to provide the missing (...) detail are tantamount to accounts of moral status of the sort Marquis claims to avoid and can therefore be expected to have all the familiar problems of such accounts. Finally, I consider the standard problem infanticide poses for a familiar model of personhood and argue that Marquis’ use of this objection as ablanket criticism of personhood accounts is superficial. (shrink)

A central claim in abortion ethics is what might be called the Harm Claim – the claim that abortion harms the fetus. In this article, we put forward a simple and straightforward reason to reject the Harm Claim. Rather than invoking controversial assumptions about personal identity, or some nonstandard account of harm, as many other critics of the Harm Claim have done, we suggest that the aborted fetus cannot be harmed for the simple reason that it does not (...) occupy any well-being level. (shrink)

Abortion is the central issue in the conscientious objection debate. In this article I demonstrate why this is so for two philosophical viewpoints prominent in American culture. One, represented by Patrick Lee and Robert P. George, holds that the fundamental moral value of being human can be found in bare life and the other, represented by Tom Beauchamp and James Childress, holds that this fundamental value is found in the life that can choose and determine itself. First, I articulate (...) Lee and George’s philosophical theory and demonstrate how the fundamental moral value of their theory, personhood, is represented in the issue of abortion. Second, I examine Beauchamp and Childress’ theoretical vision and demonstrate how their fundamental moral value, the right to autonomous self-determination, is represented in abortion. Third, I sketch the theoretical and practical dynamics of the conscientious objection debate as well as each author’s understanding of conscience. Fourth, I demonstrate how abortion, which represents their respective fundamental value, shapes each perspectives’ approach to the conscientious objection debate. I conclude that because each theory finds its fundamental value represented in the issue of abortion, each perspective is bound to engage the conscientious objection debate in a way that centers on the issue of abortion. (shrink)

In his classic paper, ‘Why abortion is immoral’, Don Marquis argues that what makes killing an adult seriously immoral is that it deprives the victim of the valuable future he/she would have otherwise had. Moreover, Marquis contends, because abortion deprives a fetus of the very same thing, aborting a fetus is just as seriously wrong as killing an adult. Marquis’ argument has received a great deal of critical attention in the two decades since its publication. Nonetheless, there is (...) a potential challenge to it that seems to have gone unnoticed. A significant percentage of fetuses are lost to spontaneous abortion. Once we bring this fact to our attention, it becomes less clear whether Marquis can use his account of the wrongness of killing to show that abortion is the moral equivalent of murder. In this paper, I explore the relevance of the rate of spontaneous abortion to Marquis’ classic anti-abortion argument. I introduce a case I call Unexpected Death in which someone is about to commit murder, but, just as the would-be murderer is about to strike, his would-be victim dies unexpectedly. I then ask: what does Marquis’ account of killing imply about the moral status of what the would-be murderer was about to do? I consider four responses Marquis could give to this question, and I examine what implications these responses have for Marquis’ strategy of using his account of the wrongness of killing an adult to show that abortion is in the same moral category. (shrink)

Our contention is that all of the major arguments for abortion are also arguments for permitting infanticide. One cannot distinguish the fetus from the infant in terms of a morally significant intrinsic property, nor are they morally discernible in terms of standing in different relationships to others. The logic of our position is that if such arguments justify abortion, then they also justify infanticide. If we are right that infanticide is not justified, then such arguments will fail to (...) justify abortion. We respond to those philosophers who accept infanticide by putting forth a novel account of how the mindless can be wronged which serves to distinguish morally significant potential from morally irrelevant potential. This allows our account to avoid the standard objection that many entities possess a potential for personhood which we are intuitively under no obligation to further or protect. (shrink)

1. First there is an outline of the libertarian approach taken here. 2. On the assumption of personhood, it is explained how there need be no overall inflicted harm and no proactive killing with abortion and infanticide. This starts with an attached-adult analogy and transitions to dealing directly with the issues. Various well-known criticisms are answered throughout. 3. There is then a more-abstract explanation of how it is paradoxical to assume a duty to do more than avoid inflicting overall (...) harm and, instead, positively benefit. A putative counterexample is explained away. 4. A positive theory of intellectual personhood is defended in principle, but not made precise, which is sufficient to be practical. The greater moral value of intellectual-personhood is defended. An important putative reductio of the potential-personhood argument is refuted. 5. Several further criticisms that apply to both types of defences are answered. 6. Conclusion. (shrink)