Abortion is forbidden under normal circumstances by nearly all the major world religions. Traditionally, abortion was not deemed permissible by Muslim scholars. Shiite scholars considered it forbidden after implantation of the fertilised ovum. However, Sunni scholars have held various opinions on the matter, but all agreed that after 4 months gestation abortion was not permitted. In addition, classical Islamic scholarship had only considered threats to maternal health as a reason for therapeutic abortion. Recently, scholars have (...) begun to consider the effect of severe fetal deformities on the mother, the families and society. This has led some scholars to reconsider the prohibition on abortion in limited circumstances. This article reviews the Islamic basis for the prohibition of abortion and the reasons for its justification. Contemporary rulings from leading Shiite scholars and from the Sunni school of thought are presented and reviewed. The status of abortion in Muslim countries is reviewed, with special emphasis on the therapeutic abortion law passed by the Iranian Parliament in 2003. This law approved therapeutic abortion before 16 weeks of gestation under limited circumstances, including medical conditions related to fetal and maternal health. Recent measures in Iran provide an opportunity for the Muslim scholars in other countries to review their traditional stance on abortion. (shrink)

This paper examines a proposal to make use of IVF techniques to provide an alternative to therapeutic abortion of fetuses with genetic abnormalities. We begin by describing the proposed procedure, and then show that, considered in itself, it is morally on a par with therapeutic abortion. However, once the wider practical implications are brought into view, the proposed new procedure loses its initial appeal. The pros and cons are not sufficiently clear-cut entirely to rule out the (...) IVF procedure, so the paper concludes by indicating some further complications which may follow, should the procedure come to be adopted. (shrink)

BackgroundThere are two types of voluntary interruption of pregnancy: elective and therapeutic abortion. These forms are different for many reasons, and it is reasonable to assume that they can have negative consequences that can last until a subsequent gestation. However, no study has analyzed the psychological experience of gestation after a previous abortion, distinguishing the two forms of voluntary interruption of pregnancy.ObjectiveThis study aims to explore the level of prenatal attachment and centrality of pregnancy in nulliparous low-risk (...) pregnant women with a recently previous elective or therapeutic abortion.MethodsA total of 34 nulliparous pregnant women with a history of abortion, aged from 27 to 48 years, were recruited in the maternity ward of a public hospital of the metropolitan area of Tuscany and Lombardy during the third trimester of gestation. The participants filled out a battery of questionnaires aimed at assessing prenatal attachment and centrality of pregnancy.ResultsAnalyses of variance showed that women with a history of elective abortion reported a higher centrality of pregnancy than women with a past therapeutic abortion. On the contrary, women with a past therapeutic abortion reported higher prenatal attachment.ConclusionElective and therapeutic abortions are different experiences that impact the way women experience a subsequent pregnancy. Future research should further investigate the psychological experience of gestation after abortion. (shrink)

ABSTRACTBased on the case of Rosa, a nine‐year‐old girl who was denied a therapeutic abortion, this article analyzes the role played by the social in medical practice. For that purpose, it compares the different application of two similar pieces of legislation in Costa Rica, where both the practice of abortion and sterilization are restricted to the protection of health and life by the Penal Code. As a concept subject to interpretation, a broad conception of medical necessity could (...) enable an ample use of the therapeutic exception and a liberal use of both surgeries. The practice of therapeutic sterilization has been generalized in Costa Rica and has become the legitimate way to distribute contraceptive sterilization. In contrast, therapeutic abortion is very rarely practiced. The analysis carried out proposes that it is the difference in social acceptance of abortion and sterilization that explains the different use that doctors, as gatekeepers of social morality, make of medical necessity. (shrink)

Laurie Shrage attributes much of the long-standing controversy about abortion to Roe v. Wade and to the Supreme Court's controversial regulatory scheme in that 1973 decision. Shrage explores the origins of that scheme but argues for an alternate scheme - therapeutic abortions shorter than six months can protect women's interests and advance important public interests, but that reproductive rights campaigns should also focus on the social and economic conditions that prevent women having access to the abortion services (...) they need. Including over 40 illustrations of pro-life and pro-choice advertisements to demonstrate the nature of the debate, this timely and provocative work will appeal to feminists in a wide range of fields including philosophy, political science, women's studies, communication, and public policy. (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)

I have recently offered a defence of human equality, and consequently an argument against abortion. This has been objected to by Bozzo, on the grounds that my account of human equality is unclear and could be grounded in utilitarian or Kantian ethics, that my account struggles to ground the permissibility of therapeutic abortions, and that my proposed foundation for human equality itself is parasitic on a scalar property which generates the same difficulties I am attempting to solve. I (...) provide an account of human equality which cannot easily be grounded in utilitarianism or Kantianism, offer a variety of defences of therapeutic abortion consistent with treating the mother and child equally, and show that even if the value of humanness is ultimately grounded in a scalar quality, my argument succeeds. (shrink)

Definition of the Problem: One of the main ethical arguments against the therapeutic transplantation of fetal tissue in severe cases of Parkinson’s disease is the allegation that the relationship between the abortion and the transplantation is a (bad)-means-to-a-(good)-end-relation.Arguments: This paper differentiates between the actual experimental single-case treatment and a potential mass treatment. In the former case, ethical guidelines seem to guarantee that abortion and transplantation are two distinct actions and therefore abortion is not a means to (...) the end transplantation on principle. However, in the latter case – the potential mass treatment of patients with more severe cases of Parkinson’s disease – there seem to be several technical, logistical and psychological reasons for the impossibility to distinguish between abortion and transplantation.Conclusion: Although abortion is not a means to the end transplantation as a matter of principle the ethical problems of a mass treatment would be immense. (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)

While fetal surgery—and pregnancy termination as a possible therapeutic alternative—have been examined in a number of studies, very few have addressed the issues and tensions that arise when prenat...

Contrary to the common view, this paper suggests that the Hippocratic oath does not directly refer to the controversial subjects of euthanasia and abortion. We interpret the oath in the context of establishing trust in medicine through departure from Pantagruelism. Pantagruelism is coined after Rabelais' classic novel Gargantua and Pantagruel. His satire about a wonder herb, Pantagruelion, is actually a sophisticated model of anti-medicine in which absence of independent moral values and of properly conducted research fashion a flagrant over-medicalization (...) of human problems. Ultimately this undermines the therapeutic core of medicine itself. We contend that PAS is a case of such over-medicalization and that its institution creates medicophobia. This article does not express an opinion about euthanasia in general. Rather, we claim that physicians should learn from the oath and from Rabelais that they should keep their practice to medical care and not to exploit their expertise and social privileges for the sake of ulterior motives, even when their patients desire those goals. (shrink)

Feticide, the practice of terminating the life of an otherwise viable fetus in utero, has become an increasingly common practice in obstetric centres around the globe, a concomitant of antenatal screening technologies. This paper examines this expanding practice in light of the concept of human dignity. Although it is assumed from the outset that even viable human fetuses are not persons and as such do not enjoy full membership in the moral community, it is argued that the fact that these (...) are nevertheless human fetuses affords them prima facie moral status. Thus even those who accept a liberal position with regard to therapeutic abortion, should be concerned about these more recent developments. Indeed, how we treat viable human fetuses has implications for our prospective treatment of other human non-persons and could undermine the common human dignity we all share. (shrink)

The improvement of ultrasound scan techniques is enabling ever earlier prenatal diagnosis of developmental anomalies. In France, apart from cases where the mother’s life is endangered, the detection of “particularly serious” conditions, and conditions that are “incurable at the time of diagnosis” are the only instances in which a therapeutic abortion can be performed, this applying up to the 9th month of pregnancy. Thus numerous conditions, despite the fact that they cause distress or pain or are socially disabling, (...) do not qualify for therapeutic abortion, despite sometimes pressing demands from parents aware of the difficulties in store for their child and themselves, in a society that is not very favourable towards the integration and self-fulfilment of people with a disability. Cleft lip and palate (CLP), although it can be completely treated, is one of the conditions that considerably complicates the lives of child and parents. Nevertheless, the recent scope for making very early diagnosis of CLP, before the deadline for legal voluntary abortion, has not led to any wave of abortions. CLP in France has the benefit of a exceptional care plan, targeting both the health and the integration of the individuals affected. This article sets out, via the emblematic instance of CLP, to show how present fears of an emerging “domestic” or liberal eugenic trend could become redundant if disability is addressed politically and medically, so that individuals with a disability have the same social rights as any other citizen. (shrink)

Giubilini and Minerva argue that the permissibility of abortion entails the permissibility of infanticide. Proponents of what we refer to as the Birth Strategy claim that there is a morally significant difference brought about at birth that accounts for our strong intuition that killing newborns is morally impermissible. We argue that strategy does not account for the moral intuition that late-term, non-therapeutic abortions are morally impermissible. Advocates of the Birth Strategy must either judge non-therapeutic abortions as impermissible (...) in the later stages of pregnancy or conclude that they are permissible on the basis of premises that are far less intuitively plausible than the opposite conclusion and its supporting premises. (shrink)

This work takes up the problem of moral conflict, wherein a person must choose between two or more evils. The problem lies behind such issues as the defensive war, therapeutic abortion, and contraception. It becomes a religious question because, as the author argues, religion elicits the same kind of openness to values as is needed for addressing moral dilemmas. After culling insights out of the history of Christian ethics, Blasi presents phenomenologies of both moral decision making and religion, (...) and uses the results to address the variety of moral dilemmas. (shrink)

The use of human fetal tissue for scientific research has enormous potential but is subject to government legislation. In the United Kingdom the Polkinghorne Committee's guidelines were accepted by the Department of Health in 1990. These guidelines set out to protect women undergoing termination of pregnancy from exploitation but in so doing may significantly restrict potential research. Although the committee took evidence from a wide variety of experts they did not seek the views of the general public. We asked 108 (...) women about to have a therapeutic abortion; 167 women who had had a pregnancy terminated in the past, and 419 women who had never had an abortion, their views on research using human fetal tissue. Regardless of their past experiences the women were overwhelmingly in favour of research using fetal tissue (94 per cent). They made little distinction between basic research and research with obvious clinical relevance and supported the concept of using transplanted fetal tissue for the treatment of adult disease such as Parkinsonism. Women about to undergo an abortion were significantly more likely (p < 0.001) to approve of all types of research including that aimed at improving methods of abortion and research using live fetuses in utero. (shrink)

This special issue of the Journal of Medicine and Philosophy focuses on unintended intrauterine death (UID) and preterm delivery (both phenomena that are commonly—and unhelpfully—referred to as “miscarriage,” “spontaneous abortion,” and “early pregnancy loss”). In this essay, I do two things. First, I outline contributors’ arguments. Most contributors directly respond to “inconsistency arguments,” which purport to show that abortion opponents are unjustified in their comparative treatment of abortion and UID. Contributors to this issue show that such arguments (...) often rely on a grossly oversimplified picture of abortion opponents’ views. Furthermore, contributions in this issue weigh in on issues regarding UID with theoretical import and therapeutic implication beyond the inconsistency argument debate. These papers can be mined for principles that better inform us about anembryonic pregnancies (i.e., nonviable pregnancies in which a gestational sac exists but no embryonic pole can be seen via transvaginal ultrasound), UID-prevention research, the law concerning UID (especially post-Dobbs), policies for handling embryonic remains, and moral psychology as it relates to UID, emotion, and empathy. In each case, conceptual philosophical analysis might bring about therapeutic benefits for those affected by UID. Philosophers, therefore, are in position not only to provide clarity—careful analysis and discussion of UID and related phenomena—but are also in position to genuinely help people affected by UID. (shrink)

This article takes a historical look at abortion in Norway, especially the parliamentary debates and the legislation on selective abortion. By using metaphor theory and discourse analysis we disclose that mental health issues came into practice as a legitimate cause for selective abortion for women in Norway from the 1960s and recur in more recent debates about important amendments in 1996 and 2003. In order to abort, women must simultaneously adopt a psychological means of self-representation. The history (...) of the discourse on selective abortion in Norway thus illustrates the often ambiguous relationship between reproductive policy and ‘psy’. The analysis also shows that a therapeutic discourse today creates a framework of meaning for all political parties in Norway in the questions regarding abortion, including the Christian Democratic Party traditionally committed to religious motifs. This particular part of the history of abortion in Norway suggests that the psy-sciences and a therapeutic outlook on the self and society came into being in Norway from the 1960s, marking a defining moral shift from the previous religious and moral reasoning to a therapeutic ethos. (shrink)

Bobier and Omelianchuk argue that the Birth Strategy for addressing analogies between abortion and infanticide is saddled with a dilemma. It must be accepted that non-therapeutic late-term abortions are either, impermissible, or they are not. If accepted, then the Birth Strategy is undermined. If not, then the highly unintuitive claim that non-therapeutic late-term abortions are permissible must be accepted. I argue that the moral principle employed to defend the claim that non-therapeutic late-term abortions are morally impermissible (...) fails to do so. Furthermore, the principle that people have a right to bodily autonomy can be used as an argument for the conclusion that non-therapeutic late-term abortions are permissible and is intuitively stronger than the intuition for the opposite of this conclusion. This is because people having a right to bodily autonomy explains the impermissibility of rape and sexual assault. Consequently, the posited dilemma is defused and does not undermine the Birth Strategy. (shrink)

In addressing bioethical issues at the beginning of human life, such as abortion, human embryonic stem cell research, and therapeutic cloning, a primary concern is to establish when a developing human embryo or fetus can be considered a “person”; for it is typically held that only persons are the subjects of moral rights, such as a “right to life.” The 13th century philosopher and theologian Thomas Aquinas defines a person as “an individual substance of a rational nature” (ST (...) Ia.29.1); he further asserts that all human beings are persons (ST Ia.16.12 ad 1), but that an embryo or fetus is not a human being until its body is informed by a “rational soul.” Aquinas’s account of human embryogenesis has been generally rejected today due to its dependence upon medieval biological information. A number of scholars, however, have attempted to combine Aquinas’s basic metaphysical account of human nature with current embryological data to develop a contemporary Thomistic account of a human being’s beginning. (shrink)

The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent in this (...) and related legislation. The financial, medical and research interests that underpin the legislation highlight how the legilsation endangers the ulnerable. It appears to be both a responsibility shifting exercise. Most alarmingly of all, efforts to permit non-therapeutic research on the non-consenting vulnerable as well as sterilisation and abortion on those who do not consent suggest that the legislation heralds a new era o gross human rights abuse in instutions around the UK. (shrink)

ArgumentThis study contributes to the discussion on the development of eugenics in Central-Eastern Europe by tracing the way that eugenic ideas entered into medical decision-making in Hungary. Through a case study that reviews the professional argumentation of the gynecological management of tuberculosis pregnancies, this paper shows that the subordination of individual reproductive rights to state interests was influenced by the ideas of eugenics, which had begun to enter into the professional public health discourse. A eugenically informed morality was envisioned, to (...) guide decision-making in the interest of the Hungarian “race.” This biopolitically important morality can be viewed as an early influence on the formulation of biological citizenship. Leading figures were divided on how to ensure such morality: some scholars argued that education is the key, others thought that the state, and state actors, should act radically in the interest of the population and decide on behalf of the individual. Radical methods, such as the termination of pregnancies and sterilization of women, were among the practices of gynecologists. Although abortion and sterilization were not widespread and never became official therapeutic solutions for tuberculosis pregnancies, they were nonetheless part of a discourse that preceded the eugenic institutions of the interwar years. (shrink)

T. A. Cavanaugh's Hippocrates' Oath and Asclepius' Snake: The Birth of the Medical Profession articulates the Oath as establishing the medical profession's unique internal medical ethic - in its most basic and least controvertible form, this ethic mandates that physicians help and not harm the sick. Relying on Greek myth, drama, and medical experience (e.g., homeopathy), the book shows how this medical ethic arose from reflection on the most vexing medical-ethical problem -- injury caused by a physician -- and argues (...) that deliberate iatrogenic harm, especially the harm of a doctor choosing to kill (physician assisted suicide, euthanasia, abortion, and involvement in capital punishment), amounts to an abandonment of medicine as an exclusively therapeutic profession. The book argues that medicine as a profession necessarily involves stating before others what one stands for: the good one seeks and the bad one seeks to avoid on behalf of the sick, and rejects the view that medicine is purely a technique lacking its own unique internal ethic. It concludes noting that medical promising (as found in the White Coat Ceremony through which U. S. medical students matriculate) implicates medical autonomy which in turn merits respect, including honoring professional conscientious objections. (shrink)

Sweden is probably one of the most secularized nations in the world. Therefore religious arguments tend to play a smaller role in the public bioethical debate than in most other countries. Issues such as abortion, stem-cell research, and therapeutic cloning have been far less controversial in Sweden than elsewhere. Instead, other issues have dominated recent bioethical debates in Sweden, in particular those concerning privacy and the control over biological information about individuals.

In ‘Dilemma for Appeals to the Moral Significance of Birth’, we argued that a dilemma is faced by those who believe that birth is the event at which infanticide is ruled out. Those who reject the moral permissibility of infanticide by appeal to the moral significance of birth must either accept the moral permissibility of a late-term abortion for a non-therapeutic reason or not. If they accept it, they need to account for the strong intuition that her decision (...) is wrong as well as deny the underlying normative principle that killing a viable fetus requires good reason, and not wanting to care for the child when the child could be easily placed for adoption is not a good enough reason to abort. If they reject the moral permissibility of the late-term abortion, they need to explain why her decision is wrong. Doing so, however, will undermine their own project of denying infanticide by appeal to birth. Walter Veit argues that the dilemma relies too much on intuition and does not live up to biological continuity. We explain why his criticisms are unconvincing. (shrink)

: Embryonic stem cells, which have the potential to save many lives, must be recovered from aborted fetuses or live embryos. Although tissue from aborted fetuses can be used without moral complicity in the underlying abortion, obtaining stem cells from embryos necessarily kills them, thus raising difficult questions about the use of embryonic human material to save others. This article draws on previous controversies over embryo research and distinctions between intrinsic and symbolic moral status to analyze these issues. It (...) argues that stem cell research with spare embryos produced during infertility treatment, or even embryos created specifically for research or therapeutic purposes, is ethically acceptable and should receive federal funding. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fetal Tissue ResearchMary Carrington Coutts (bio)I. IntroductionThe use of tissue from fetal remains for transplantation and biomedical research has become a controversial issue in recent years, involving scientists, doctors, patients, and the federal government. Fetal tissue is potentially useful in a wide range of treatments for a number of serious diseases, some of them affecting millions of people. Despite the promise, transplantation research using fetal tissue from induced (...) class='Hi'>abortion slowed dramatically in the U.S. in 1988, when a moratorium was declared on federal funding for such research involving humans. That moratorium was lifted by President Clinton on January 21, 1993. Though the future of fetal tissue transplantation research is brighter, public debate on the issue is likely to continue, exacerbated by the "acrimonious abortion debate" (VI, Post 1991, p. 14).Using fetal tissue in biomedical research and in transplantation is not a new practice. As early as 1928 unsuccessful attempts were made to transplant fetal pancreas cells into diabetics (VII, Fichera 1928). Fetal tissue was used effectively in biomedical research during the 1950s, and was instrumental in the culture of the polio virus, which led to the development of the polio vaccine. Fetal tissue cultures were also essential in the development of the rubella vaccine, and continue to be used in virology research. Transplantation of fetal thymus cells into patients with DiGeorge Syndrome has been recognized as effective therapy since the late 1960s.Many of the therapeutic applications involving fetal tissue are still experimental, so it is difficult to pinpoint fetal tissue transplantation's therapeutic potential. One promising application is the transplantation of human fetal brain cells into the substantia nigra of patients with Parkinson's disease to restore motor function. Fetal neural transplants have also shown promise for patients suffering from Alzheimer's disease, spinal cord and other neural tissue injuries, and possibly some forms of cortical blindness. Fetal liver cells may be useful for treatment of some kinds of bone marrow disease seen in leukemia and aplastic anemia patients. [End Page 81] Fetal tissue transplantation may also help those suffering from blood clotting disorders, such as sickle cell anemia, thalassemia, and hemophilia. Fetal pancreatic tissue has potential applications in the treatment of diabetes, especially juvenile onset diabetes. Human gene therapy may also employ embryonic and early fetal cells.The Center for Biomedical Ethics at the University of Minnesota reports that more than 1,000 patients have received transplanted fetal tissue worldwide. Countries where fetal tissue transplantation has occurred include: Australia, Canada, China, the Commonwealth of Independent States (formerly the U.S.S.R.), Cuba, Czechoslovakia, Finland, France, Germany, Great Britain, Hungary, India, Italy, Mexico, Norway, Spain, Sweden, and Yugoslavia (IV, Vawter 1992, p. 2; I, Spain 1988; VII, Reinikainen 1989).Fetal tissue has unique characteristics that make it especially valuable in some treatments. Fetal cells develop much faster than adult cells, hastening the therapeutic effect—a potentially significant benefit for gravely ill patients. They are also less likely to be rejected by transplant recipients because they are less antigenic than adult cells. This reduces the need for the exact tissue matches that can be so difficult to obtain. Fetal tissue is also easier to culture and proliferates more readily than comparable adult tissue. Furthermore, fetal tissue is in greater supply, due to the number of elective abortions.Questions about the use of fetuses and fetal tissue in biomedical research were raised in the United States in the early 1970s. Between 1969 and 1973, all 50 states enacted the Uniform Anatomical Gift Act, allowing for the donation of all or part of the body of a dead fetus for research or therapeutic research. Prospects for the use of fetal tissue increased after the Supreme Court decision in Roe v. Wade legalized abortion. As the availability of fetal tissue increased so did the concern over the potential for controversial research on living, soon-to-be-aborted fetuses, and anxiety over maltreatment of dead abortuses. Vivid examples include Geoffrey Chamberlain's 1968 report of an experiment on a fetus of 26 weeks gestational age. Delivered by hysterotomy from a 14-year-old patient, the fetus was attached to an "artificial placenta" and kept alive for more than... (shrink)

This paper is structured in three sections. The first discusses the institutional framework pertaining to bioethics in Serbia. The functioning of this framework is critically assessed and a number of recommendations for its improvement presented. It is also emphasized that philosophers are underrepresented in public debate on bioethics in Serbia. Second, this underrepresentation will be related to two issues that figure prominently in Serbian society but are not accompanied by corresponding bioethical discourses: the first is abortion and the second (...) is the largely unrestricted use of neuropharmacology since the 1990s, both for therapeutic and for cosmetic/recreational purposes. Finally, the perspective of bioethics in Serbia is addressed. It is asserted that this perspective can be based on the enhancement of public philosophical debate on bioethical issues, especially those with notable features in Serbian society . Such enhancement would also strengthen the corresponding institutional and legal frameworks. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:'Psychiatric Dasein'Christopher Heginbotham (bio)Fulford and Colombo's pioneering work (2004)in linguistic analysis offers valuable insights and 'deconstructs' the often inter-related concepts of mental disorder and treatment. Their paper describes a combined philosophical and empirical research program developed to study "the role models of disorder in the community care of people with long-term schizophrenia" (2004, 130). They claim that the approach supplies a key explanatory insight into the nature of the (...) problem presented by models of disorder, a characterization of models, contributions to research design, a theoretical framework—a 'models-grid,' and a basis for turning theory into practice. These claims are not unreasonable in the context of the specific objectives of the research design, but do not necessarily cover everything of importance in the way models are used to describe mental disorder. In particular, this brief response proposes the need to develop an understanding of psychiatric Dasein—mental disorder as presented in the world.Fulford and Colombo are surely right in their claim that representations of mental disorder are high-level concepts not dissimilar to other high-level concepts such as time. These are concepts that we seem to have little difficulty using in day-to-day practice but have great difficulty defining. In their discussion of this point, they suggest that little progress has been made in relation to models of mental disorder over the previous fifty years, that there is a considerable volume of theoretical literature that has had little impact on practice.This assertion does not appear to do justice to the significant progress that might be argued to have occurred in psychoanalytic theory, psychodynamic therapy, and other metapsychological developments of the last fifty to one hundred years. Many of these developments have changed markedly our perceptions of mental disorder. Some treatments, it is true, may not have direct relevance or applicability to serious psychotic behavior, although that is contentious; there are psychoanalytic psychotherapists working with people with schizophrenia who would claim success. Recent developments in cognitive-behavioral therapy allied to other treatment modalities, such as careful use of low-dosage medication, have had therapeutic impact in enabling people with schizophrenia to 'manage their voices' and to understand the complex nature of their own thought processes.Fulford and Colombo also suggest that after this half century of work much of the development of practice has been largely abortive. Is this correct? It is true that we continue to struggle with an understanding of what we mean by mental disorder, which is made much worse, as the authors say, by the multiplicity of definitions of mental illness, models of mental disorder and practical approaches to treatment and management. Multidisciplinary and multi-agency developments of the last twenty years especially have, on the one hand, been a powerful approach to recognizing the multifaceted nature of mental disorder, but, on the other, have tended to a potential fragmentation of effort that has undermined [End Page 147] the necessary focus on the needs of the individual patient.Threefold ExpansionIt is here that perhaps an addition or expansion can be made to Fulford and Colombo's approach. That addition is, to borrow a phrase used by Hilary Putnam for the title of one of his books, a 'three fold cord.' The term comes originally from Ecclesiastes 4.12: "..a threefold cord is not quickly broken." (Putnam subtitles his book, Mind, Body and World, echoing, probably unintentionally, Heidegger's threefold structure of 'Being-In' [Dreyfus 1991. 163]).First, there have been many attempts 'informally' to understand the interplay of differing mental disorders in the operation of multidisciplinary teams. The development of community mental health teams and more recently Crisis Resolution and Out-Reach teams has required staff from varying professional backgrounds and agencies to find some common ground and to negotiate across their various professional, philosophical, and nosological boundaries. These negotiations have not been easy. A first element of the threefold expansion may be to incorporate (or strengthen) an organizational and group dynamic in the model (see, for example, de Board 1978; Hinshelwood 1987)Second, theoretical and practical work by professionals trained in psychoanalytic disciplines have sought to understand the nature of multidisciplinary community provision for people... (shrink)

During the last decade neurotransplantation has developed into a technique with the possible potential to repair damaged or degenerating human brain. Effective neurotransplantation has so far been based on the use of fetal brain tissue derived from aborted embryos or fetuses. The ethical issues related to this new therapeutic approach therefore not only concern the possible adverse side effects for a neural graft-receiving patient, but also the relationship between the requirements for fetal tissue and the decision-making process for induced (...) abortion. Although for decades human embryos and fetuses have been the subject of biomedical studies, and, in principle, their use has therefore not been seen as ethically objectionable, the above points made it necessary to reconsider the moral issues. The present paper points out several of these issues, both from the donor and acceptor (patient) point of view. The conclusion is that under a series of restrictions intended to prevent the use of grafts from encouraging induced abortions and to maintain high standards of respect for life and human dignity, neurotransplantation using embryonic or fetal brain tissue parts cannot be rejected on moral grounds. (shrink)

This article presents an overview ofregulations, guidelines and societal debates ineight member states of the EC about a)embryonic and fetal tissue transplantation(EFTT), and b) the use of human embryonic stemcells (hES cells) for research into celltherapy, including `therapeutic' cloning. Thereappears to be a broad acceptance of EFTT inthese countries. In most countries guidance hasbeen developed. There is a `strong' consensusabout some of the central conditions for `goodclinical practice' regarding EFTT.International differences concern, amongstothers, some of the informed consent issuesinvolved, and (...) the questions whether anintermediary organisation is necessary, whetherthe methods of abortion may be influenced bythe possible use of EFT, and whether EFTTshould only be used for the experimentaltreatment of rare disorders. The potential useof hES cells for research into cell therapy hasgiven a new impetus to the debate about (human)embryo research. The therapeutic prospects withregard to the retrieval and research use of hEScells appear to function as a catalyst for theintroduction of less restrictive regulationsconcerning research with spare embryos, atleast in some European countries. It remains tobe seen whether the prospect of treatingpatients suffering from serious disorders withtransplants produced by therapeutic cloningwill decrease the societal and moral resistanceto allowing the generation of embryos for`instrumental' use. (shrink)

Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, (...) and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. In doing so, the book explores how the law, the medical profession, and the public interact in determining whether a new or ethically contentious procedure should be regarded as legitimate. This book will be of interest and use to researchers and students of bioethics, medical law, criminal law, and the sociology of medicine. (shrink)

The main purpose of this article is an analysis of the Continuity Argument, one of the most influential arguments upon which the moral condemnation of scientific and medical practices such as embryo research and experimentation, assisted reproduction, abortion, therapeutic cloning, etc. are based. I have firstly given a very brief account of the approach that attributes the status of marker event to fertilization, identifying the Continuity Argument between other argumentation. Further, I have tried to distinguish the three possible (...) interpretations of the notion of continuity assumed in the Continuity Argument, and to isolate the most persuasive formulation of Continuity Argument. Finally, I argue that even from the most convincing philosophical and scientific interpretation of the post-fertilization continuity, it does not follow: that fertilization is a necessary determinant of moral status; that fertilization is the most reasonable determinant of moral status. In short, this article has two goals: to show that this very argument does not entail the stance that the above mentioned practices are morally impermissible; to suggest that some pragmatic strategies which treat sorites-infected paradoxes could insure a philosophically and scientifically appropriate framework for an alternative approach. (shrink)

The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...) undergoing massive demographic change and a growing ageing and non-productive population, it cannot be assumed that these alterations to the positive law are problem-free. By allowing new agents power to require that food and fluids be withdrawn, non-therapeutic research and other procedures (like abortion and sterilisation) be performed on non-consenting patients, novel legislation such as that discussed cannot be regarded as autonomy enhancing so much as a threat to human rights. These laws although touted as progressive, more often than not invite routine abuse and destruction of the vulnerable, obscure accountability and create an inconsistent body of law, with conflicting obligations for health professionals. (shrink)

Para abordar a questão moral do aborto de fetos sem cérebro, inicialmente são apresentados e considerados insatisfatórios dois argumentos que defendem a punição para a gestante que aborta: a sacralidade da vida e a atribuição ao feto do caráter de “pessoa”. Em seguida, são apresentados e considerados satisfatórios quatro argumentos contra a punição da gestante: a morte certa do feto, o caráter terapêutico e não-eugênico do aborto, o sofrimento, sem fi nalidade evidente, dos envolvidos na situação e o direito da (...) mulher sobre seu corpo. Na terceira seção, discutem-se as exigências da compaixão. Chega-se à conclusão de que abortar ou não fetos anencefálicos deve ser uma decisão individual, não coletiva, que deveria ser tomada por cada mulher, e não pelo Estado democrático e então imposta às mulheres. A mulher tem o direito moral tanto de continuar quanto de interromper a gravidez de fetos anencefálicos. To approach the moral issue of the abortion of anencephalic fetuses, we fi rstly present and consider unsatisfactory two arguments for the punishment of the pregnant woman who makes an abortion: that of the sanctity of life and of the attribution of the status of a person to the fetus. After that, we present and consider satisfactory four arguments against the punishment of the pregnant woman: the certain death of the fetus, the therapeutic and non-eugenic character of the abortion, the inutility of the suffering brought by the situation to the woman and other people and the woman’s right over her body. On the third section, we discuss the demands for compassion. The conclusion is that the decision about the abortion of anencephalic fetuses should be an individual decision and not a collective one; it should be made by each woman, not by the democratic Estate and then imposed on women. The woman has the right of interrupting and of continuing the pregnancy of an anencephalic fetus. (shrink)

The June 1975 issue of the Hastings Center Report published the Deliberations and Recommendations of the National Commission for the Protection of Human Subjects concerning the regulation of fetal experimentation. The Commission's most controversial conclusions were as follows: First, it voted to allow non‐therapeutic research on the human fetus, provided important biomedical knowledge could not be gained in any other way, proper consent had been obtained, and the research imposed “minimal or no risk to the well‐being of the fetus” (...) (Recommendation 4). Because interpretations of the last phrase varied in the case of fetuses scheduled for abortion, the Commission recommended that a national ethical review body be able to rule on disputed cases (Recommendation 5). In the case of research during abortion and research on the non‐viable fetus ex utero, the Commission's interpretation of permissible “harm” was restricted to the proviso that “no intrusion into the fetus [may be] made which alters the duration of life” (Recommendation 6). The Commission also recommended further research on abortion techniques (Recommendation 12). The Secretary of Health, Education and Welfare accepted the Commission's Recommendations almost without change—the major modification was to request paternal consent rather than to rely on the fact that “the father has not objected.” The DHEW regulations were published in the Federal Register on Friday, August 8, 1975, and written comments on them were invited. Already, however, a number of commentators including several members of the Commission had offered either dissenting or qualifying remarks. Some are printed here. (shrink)

Today, bioethical themes are no longer the exclusive patrimony of university classrooms. Everyone is talking about them ; «secular» and «catholics» alike. Catholics are often accused of imposing a «confessional» point of view. This article wishes to clarify this point given its importance in themes regarding the life and death of man, such as : artificial fecundation, abortion, cloning, brain death, organ transplants, and euthanasia. The article is based on a philosophical reflection starting with anthropological considerations. The extensive number (...) of themes does not allow taking all of them into consideration. Thus the article adheres to the following outline : 1. Establish the epistemological bases for a rational discourse based on universal premises, with particular reference to artificial fecundation and the nature of human sexuality. 2. Analize the «human nature» condition of the embryo, of the physically and mentally disabled, of the terminally ill, and their status as «human persons» ; this discourse is founded on the ontological status of the human body. 3. Present the value of the human body as a psycho-biological unity, which constitutes man's substantial unity. 4. We call this psycho-biological unity «person»: «corpore et anima unus» ; an individual subject with a rational nature, with its own singularity and oneness. The person has an absolute value, therefore cloning, even for «therapeutic reasons», is contrary to its ontological status. 5. From. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Time For Beginners:Natality, Biopolitics, and Political TheologyRosalyn Diprose and Ewa Płonowska ZiarekDespite The Growing Interest in Hannah Arendt’s idea of natality and its relationship to politics,1 natality is rarely discussed in the context of biopolitics.2 This is all the more puzzling since Arendt is not only a thinker of natality but also, as Agamben acknowledges in Homo Sacer, the first thinker of biopolitics (Agamben 1998, 3–4). While we will (...) elaborate the complexity of what these two terms mean shortly, a useful provisional definition of “natality” is birth as “event” and as the figure of a new beginning in political life. Michel Foucault defined “biopolitics” as the government of the biological life of a population where the state holds the right to life and death in terms of the power to “make live and … let die” (Foucault 2003, 254). We are interested in the relation between natality and biopolitics with regard to maternity in particular, first of all, because this intersection marks the site of some of the more surprisingly volatile conflicts of contemporary political life, and second, because the biopolitical regulation of giving birth raises the question of the fate of political transformation and agency within a biopolitical framework. This second point is illustrated by two relatively short-lived but volatile political events, one in Australia in December 2005–February 2006 and the other in the United States early in 2012.The Australian Case of Ru486A public debate erupted in Australia in late 20053 when, in an unprecedented move, four women senators from across the political party spectrum sponsored a “private members bill” to repeal the federal minister for health’s jurisdiction [End Page 107] over the licensing of RU486 (the so-called “home abortion pill”).4 The senators were protesting how the then conservative Australian government (the so-called Howard Government) was continuing to block the licensing of the drug despite Australia’s relatively liberal approach to surgical abortion, which has been legally available since the 1970s. The debate exposed how the Howard Government, in one of its first legislative acts after assuming power in 1996, had placed abortive agents such as RU486 under its own jurisdiction (instead of the independent body, the Therapeutics Goods Administration, which regulates all other drugs). Even though protest at this situation was well overdue by 2005, it was surprising that RU486 in particular became the focal point of contestation of government authority over life at that time. There were a number of other aspects of the government’s wider legislative agenda that were more publicly contested—harsh refugee policies, participation in the war in Iraq, draconian antiterrorism legislation, legislation deunionizing the labor market and tightening the marriage act to define marriage in terms of sexuality. Yet only RU486 succeeded in mobilizing a wave of defiance of prime ministerial authority sufficiently strong to push the debate in parliament to a rare “conscience vote” (a “free vote” that suspends the usual allegiance to one’s political party required in the Westminster system) and, even more rare, a vote that the prime minister and minister for health lost. Perhaps heartened by the success of this expression of dissent, others within the government (and the Labor opposition) began to challenge other aspects of the Howard Government’s conservative legislative agenda, eventually leading to a change of government in 2007.What does the RU486 event reveal about the relation between maternity, the politics of reproduction, political agency, and government of the life of a population? Why did administration of a home abortion pill become such a focus of dissent against totalizing government, sufficient to effectively reactivate democracy? And more specifically, what does this event say about political agency, biopolitics, and the significance of reproductive self-determination? Our second example illustrates the converse—the ever-present threat to close down women’s reproductive self-determination.The Case of the U.S. “Birth Control Mandate” of 2012In February and March 2012, the Republican Party presidential campaign veered off course from its disciplined focus on fixing the economic crisis and engaged instead what the media called “the war... (shrink)

Suppose we accept prenatal diagnosis and the selective abortion of fetuses that test positive for severe genetic disorders to be both morally and socially acceptable. Should we consider prenatal diagnosis and selective abortion (or other genetic interventions such as preimplantation diagnosis, genetic therapy, cloning, etc.) for nontherapeutic purposes to be acceptable as well? On the one hand, the social aims to promote liberty in general, and reproductive liberty in particular, provide reason for thinking that individuals should be free (...) to make their own decisions about whether or not to employ whatever genetic services might be developed and offered by private enterprise. On the other hand, interventions aimed at enhancement would (in many cases) presumably only be available to those who are financially fortunate. A worry is that unequal access to enhancements that provide competitive advantages to offspring will further and more permanently increase existing unjust disparities between the haves and have-nots. The aim to promote liberty might thus conflict with the social aim of equality. An additional worry is that the development and provision of nontherapeutic genetic interventions would drain limited medical resources away from therapeutic purposes which would ultimately be more fruitful. The promotion of liberty might also thus conflict with the aim to promote aggregate utility. Assuming there is no reason to think that the promotion of liberty should be given absolute priority over both equality and aggregate utility, we need to think more about how to make trade-offs between these three legitimate social aims. (shrink)

The Direction of Medical Ethics The direction bioethics, and specifically medical ethics, will take in the next few years will be crucial. It is an emerging specialty that has attempted a great deal, that has many differing agendas, and that has its own identity crisis. Is it a subspecialty of clinical medicine? Is it a medical reform movement? Is it a consumer pro tection movement? Is it a branch of professional ethics? Is it a ra tionale for legal decisions and (...) agency regulations? Is it something physicians and ethical theorists do constructively together? Or is it a morally concentrated attack on high technology, with the prac titioners of scientific medicine and the medical ethicists in an adversarial role? Is it a conservative endeavor, exhibiting a Frankenstein syn drome in Medical Genetics ("this time, they have gone too far"), or a Clockwork Orange syndrome in Psychotherapy ("we have met hods to make you talk-walk-cry-kill")? Or does it suffer the afflic tion of overdependency on the informal fallacy of the Slippery Slope ("one step down this hill and we will never be able to stop") that remains an informal fallacy no matter how frequently it's used? Is it a restricted endeavor of analytic philosophy: what is the meaning of "disease," how is "justice" used in the allocation of medical resources, what constitutes "informed" or "consent?" Is it applied ethics, leading in clinical practice to some recommenda tion for therapeutic or preventive action? This incomplete list of questions indicates just how complex. (shrink)

The majority of U.S. abortion patients are poor women, and Black and Hispanic women. Therefore, this article encourages bioethicists and equity advocates to consider whether the need for abortion c...

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on (...) the ceteris paribus clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

Judith Jarvis Thomson famously argued that abortion is permissible even if we accept that a fetus qualifies as a person and possesses a right to life. The current paper presents two arguments that undermine Thomson’s position. First, the paper sketches a contractarian argument that explores Thomson’s violinist thought experiment from behind a veil of ignorance, which suggests that if we had an equal likelihood of being an unwanted fetus and a pregnant woman, it would be rational for us to (...) oppose abortion. Second, the paper discusses the hypothetical self-aborting fetus, a thought experiment that reverses the dependence relationship between a woman and a fetus. It is argued that in this scenario, where fetuses have agency of their own, Thomson’s position would counterintuitively prohibit a woman from temporarily curtailing the freedom of her fetus even to save her own life. (shrink)