Chapter 4: Abortion

Roe v Wade reasoning-

Two competing interests:

State’s interest in promoting the health and well being of its children (who are future

rights-bearers).

Mother’s interest in personal privacy (right to do with her own body as she wishes).

John Noonan:

oFlawed criteria for personhood

1. Viability : incubators change viability; infants are dependant, but still considered

human

2. Experience : infants under age 3 and adults with amnesia have no memories

3. Sentiments of Adults : a lack of grief for someone’s death doesn’t make him/her

inhuman

4. Sensation by Parents : just because you cannot sense or interact with someone

doesn’t mean he/she is inhuman

5. Social Visibility : social recognition excludes groups based on prejudice (handicapped,

racism, etc.)

oNoonan’s 3 criteria

1. Was conceived by human parents (causal)

2. Has human DNA (genetic)

3. Is likely, over time, to develop into a human adult (potential)

Judith Jarvis Thomson

oFamous violinist analogy

oFalse analogy charges

In Case A, proposition P is true: No one would say you have an obligation to stay

hooked up to the violinist.

Case A and Case B are importantly similar: A woman who is pregnant against her will

is being forced to use her body as life-support for the fetus (parallels violinist).

Therefore, P is true in Case B: Therefore, abortions are morally permissible, even if

the fetus is a person.

oImplied contract-TiVo

Mary Anne Warren

oMoral community--- People who are capable of inventing and respecting moral rights (like Rawls’

original position).

o5 criteria for personhood

sentience : conscious and able to feel pain

reasoning : the developed capacity to solve complex problems

self-motivated activity : volitional activity independent of genetics or direct external

control

communication : in a variety of ways on a variety of topics

self-awareness : has a concept of self

oArguments against infanticide-----Plenty of people will take care of an unwanted baby (the mother

doesn’t have to kill it) and its life is not a direct threat to the mother’s freedom, happiness, or

bodily integrity. Mother’s should abort early rather than close to birth.

oMarquis’ FLO response

A fetus might not be an actual person, but it has the same future goods of

consciousness as we do, and thus has a Future Like Ours (FLO).

Thus, since a fetus has a FLO, it deserves some moral consideration and should only

be aborted when there is some type of harm to the mother.

Rosalind Hursthouse

oFamiliar biological facts all societies are familiar with the following facts about pregnancy…

Pregnancy comes as the result of sexual intercourse

Pregnancy occurs over about 9 months, during which time the fetus develops

Pregnancy ends when a living baby is born

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Chapter 4: Abortion  Roe v Wade reasoning-  Two competing interests:  State’s interest in promoting the health and well being of its children (who are future rights-bearers).  Mother’s interest in personal privacy (right to do with her own body as she wishes).  John Noonan: o Flawed criteria for personhood

Viability: incubators change viability; infants are dependant, but still considered human
Experience: infants under age 3 and adults with amnesia have no memories
Sentiments of Adults: a lack of grief for someone’s death doesn’t make him/her inhuman
Sensation by Parents: just because you cannot sense or interact with someone doesn’t mean he/she is inhuman
Social Visibility: social recognition excludes groups based on prejudice (handicapped, racism, etc.) o Noonan’s 3 criteria
Was conceived by human parents (causal)
Has human DNA (genetic)
Is likely, over time, to develop into a human adult (potential)  Judith Jarvis Thomson o Famous violinist analogy o False analogy charges  In Case A, proposition P is true : No one would say you have an obligation to stay hooked up to the violinist.  Case A and Case B are importantly similar : A woman who is pregnant against her will is being forced to use her body as life-support for the fetus (parallels violinist).  Therefore, P is true in Case B : Therefore, abortions are morally permissible, even if the fetus is a person. o Implied contract-TiVo  Mary Anne Warren o Moral community--- People who are capable of inventing and respecting moral rights (like Rawls’ original position). o 5 criteria for personhood  sentience: conscious and able to feel pain  reasoning: the developed capacity to solve complex problems  self-motivated activity: volitional activity independent of genetics or direct external control  communication: in a variety of ways on a variety of topics  self-awareness: has a concept of self o Arguments against infanticide-----Plenty of people will take care of an unwanted baby (the mother doesn’t have to kill it) and its life is not a direct threat to the mother’s freedom, happiness, or bodily integrity. Mother’s should abort early rather than close to birth. o Marquis’ FLO response  A fetus might not be an actual person, but it has the same future goods of consciousness as we do, and thus has a Future Like Ours (FLO).  Thus, since a fetus has a FLO, it deserves some moral consideration and should only be aborted when there is some type of harm to the mother.  Rosalind Hursthouse o Familiar biological facts all societies are familiar with the following facts about pregnancy…  Pregnancy comes as the result of sexual intercourse  Pregnancy occurs over about 9 months, during which time the fetus develops  Pregnancy ends when a living baby is born

 This is how all of us came to be o Ethical considerations AND Virtue and moral responsibility  Women with extenuating circumstances are not acting irresponsibly if they abort their fetuses (e.g., poor health, worn out from childbearing, physically demanding jobs, etc.).  With the exception of rape, one gets pregnant through the consequences of voluntary sexual intercourse.  Women (or men) who chose abortion for a worthless goal such as “maintaining independence” or “having a good time” are morally irresponsible.  Human parents care passionately about their offspring, and familial relationships are some of the deepest and strongest in a person’s life. Thus, childbearing is part of a flourishing life.  Premature termination of a pregnancy may not be killing a “person,” but it does cut short what will eventually become a human life.  It would be callous to tell a person who has miscarried that she’s making a fuss over nothing more than a lump of bio-matter.  Abortion in later stages is more serious because the fetus develops gradually.  Parents grieve more deeply for miscarriages at later stages of pregnancy.  Ethical consensus view- o A “human being” or “person” has both biological (Noonan) and psycho-social (Warren) criteria. o The fetus may not be a full person, but it is the first stage of a natural progression towards personhood, and thus we should take seriously the decision of whether or not to abort it (Marquis, Hursthouse). o Rape, mother’s life in danger, and horrible deformity are all reasonable justifications for abortion (Thomson). o Morally responsible people should not engage in sexual intercourse unless they are willing to accept the consequences of their actions (Hursthouse). Should abortions be legal in the first trimester for any reason?

Abortion: Competing Interests and Personhood, Study notes of Ethics

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