Abortion

The ethics of abortion considers whether abortion is immoral. Pro-choice philosophers think that it is not immoral, while pro-life philosophers think that it is. The axiology of abortion considers whether world would be better if the pro-choice or pro-life position is right. While much attention has been given to the ethics of abortion, there has been no attention given to the axiology of abortion. In this article, I seek to change that. I consider various arguments for thinking our world would (...) be better if the pro-choice position or the pro-life position is correct, ultimately concluding that it would be better if the pro-choice position is right. This is unfortunate, however, since there is no good reason to think the pro-choice position is correct. (shrink)

For the past few years in the United States, almost daily there’s a headline about new proposed abortions restrictions. Conservatives cheer, liberals despair. But who is right here? Should abortion be generally legal or should it be banned? Is it usually immoral or is it usually not wrong at all? These same questions, of course, are asked in other countries. To many people, answers to these questions seem obvious, and people with different or contrary answers are, well, just wrong. But (...) how can we know? In particular, could anyone know that abortion is not wrong and should be legal? If so, how? And how would anyone effectively, persuasively, communicate that knowledge? One important set of answers depends on this idea: critical thinking. Critical thinking can help people know, not merely believe or feel, that their perspectives on issues are true or correct, and it can help them persuade others to understand and accept that knowledge. We are philosophy professors who teach courses in critical thinking and its applications to ethical, political, scientific, and legal issues. In our 2019 open-access book, Thinking Critically About Abortion: Why Most Abortions Aren’t Wrong & Why All Abortions Should be Legal, we apply well-confirmed methods of critical thinking to the most discussed arguments about abortion. Critical thinking can be operationalized as skills. Three key critical thinking skills involve defining words, identifying the structures of arguments, and evaluating explanations. Understanding these and other critical thinking skills can only help improve conversations and advocacy about abortion. Let’s see them in action. (shrink)

In this paper, I respond to criticisms toward my account of the difference in moral status between fetuses and newborns. I show my critics have not adequately argued for their view that pregnant women participate in a parent-child relationship. While an important counterexample is raised against my account, this counterexample had already been dealt with in my original paper. Because the criticisms against my account lack argumentative support, they do not pose a problem for my account. I conclude the raised (...) criticisms do not amount to a strong philosophical case against my account. (shrink)

Is the “act itself” of separating a pregnant woman and her previable child neither good nor bad morally, considered in the abstract? Recently, Maureen Condic and Donna Harrison have argued that such separation is justified to protect the mother’s life and that it does not constitute an abortion as the aim is not to kill the child. In our article on maternal–fetal conflicts, we agree there need be no such aim to kill (supplementing aims such as to remove). However, we (...) argue that to understand “abortion” as performed only where the death of the child is intended is to define the term too narrowly. Respect for the mother, the fetus, and the bond between them goes well beyond avoiding any such aim. We distinguish between legitimate maternal treatments simply aimed at treating or removing a damaged part of the woman and illegitimate treatments that focus harmfully on the fetal body and its presence within the mother’s body. In obstetrics as elsewhere, not all side effects for one subject of intervention can be outweighed by intended benefits for another. Certain side effects of certain intended interventions are morally conclusive. (shrink)

Motivated by recent political trends surrounding the legality of abortion, and noting the apparent difficulty with which partisan agreement can be found when engaging with arguments from foetal personhood, this paper revisits a classic axiological argument for the legalisation of abortion which relies on a commitment to the moral relevancy of consequences and the empirically sound nature of said consequences. Academically known as the Argument from Back-Street Abortion, agreement with the argument's premises entails the legalisation of abortion is morally obligatory, (...) and agreement to said argument's premises are possible regardless of one's position regarding a foetus' right-to-life. As such, this oft-overlooked argument deserves revisiting due to its potential for bipartisan reconciliation in service of the establishment of ethical abortion policy. (shrink)

Joona Räsänen has proposed a concept he calls Schrödinger’s Fetus as a solution to reconciling what he believes are two widely held but contradictory intuitions. I show that Elizabeth Harman’s Actual Future Principle, upon which Schrödinger’s Fetus is based, uses a more convincing account of personhood. I also argue that both Räsänen and Harman, by embracing animalism, weaken their arguments by allowing Don Marquis’ ‘future like ours’ argument for the immorality of abortion into the frame.

Florence Ashley has argued that requiring patients with gender dysphoria to undergo an assessment and referral from a mental health professional before undergoing hormone replacement therapy is unethical and may represent an unconscious hostility towards transgender people. We respond, first, by showing that Ashley has conflated the self-reporting of symptoms with self-diagnosis, and that this is not consistent with the standard model of informed consent to medical treatment. Second, we note that the model of informed consent involved in cosmetic surgery (...) resembles the model Ashley defends, and that psychological assessment and referral is recognised as an important aspect of such a model. Third, we suggest that the increased prevalence of psychiatric morbidity in the transgender population arguably supports the requirement of assessment and referral from a mental health professional prior to undergoing HRT. (shrink)

A substantial proportion of human embryos spontaneously abort soon after conception, and ethicists have argued this is problematic for the pro-life view that a human embryo has the same moral status as an adult from conception. Firstly, if human embryos are our moral equals, this entails spontaneous abortion is one of humanity’s most important problems, and it is claimed this is absurd, and a reductio of the moral status claim. Secondly, it is claimed that pro-life advocates do not act as (...) if spontaneous abortion is important, implying they are failing to fulfill their moral obligations. We report that the primary cause of spontaneous abortion is chromosomal defects, which are currently unpreventable, and show that as the other major cause of prenatal death is induced abortion, pro-life advocates can legitimately continue efforts to oppose it. We also defend the relevance of the killing and letting die distinction, which provides further justification for pro-life priorities. (shrink)

Conscientious objection in healthcare has come under heavy criticism on two grounds recently, particularly regarding abortion provision. First, critics claim conscientious objection involves a refusal to provide a legal and beneficial procedure requested by a patient, denying them access to healthcare. Second, they argue the exercise of conscientious objection is based on unverifiable personal beliefs. These characteristics, it is claimed, disqualify conscientious objection in healthcare. Here, we defend conscientious objection in the context of abortion provision. We show that abortion has (...) a dubitable claim to be medically beneficial, is rarely clinically indicated, and that conscientious objections should be accepted in these circumstances. We also show that reliance on personal beliefs is difficult to avoid if any form of objection is to be permitted, even if it is based on criteria such as the principles and values of the profession or the scope of professional practice. (shrink)

I defend a relational account of difference in the moral status between fetuses and newborns. The difference in moral status between a fetus and a newborn is that the newborn baby is the proper object of ‘parental responsibility’ whereas the fetus is not. ‘Parental responsibilities’ are a moral dimension of a ‘parent-child relation’, a relation which newborn babies stand in, but fetuses do not. I defend this relational account by analyzing the concepts of ‘parent’ and ‘child’, and conclude that the (...) difference in the moral status between fetuses and newborns means one may claim abortion is morally permissible while also claiming infanticide is not morally permissible, without inconsistency between the two claims. (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.

An introductory chapter on abortion that (1) reviews some common DEFINITIONS of abortion and argues that one definition is better than the others, (2) reviews and critiques some common QUESTION-BEGGING ARGUMENTS, on both sides of the issue, that have premises that merely assume the conclusion they are intended to support and (3) reviews and critiques many "EVERYDAY ARGUMENTS" on abortion, that is arguments that people without strong philosophical backgrounds give every day on the issues yet are poor good arguments. This (...) introductory chapter positions readers to better engage philosophical readings and arguments on the issues since it covers many background issues and concerns that are often not addressed in those readings. (shrink)

This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. -/- (...) From the Preface -/- To many people, abortion is an issue for which discussions and debates are frustrating and fruitless: it seems like no progress will ever be made towards any understanding, much less resolution or even compromise. -/- Judgments like these, however, are premature because some basic techniques from critical thinking, such as carefully defining words and testing definitions, stating the full structure of arguments so each step of the reasoning can be examined, and comparing the strengths and weaknesses of different explanations can help us make progress towards these goals. -/- When emotions run high, we sometimes need to step back and use a passion for calm, cool, critical thinking. This helps us better understand the positions and arguments of people who see things differently from us, as well as our own positions and arguments. And we can use critical thinking skills help to try to figure out which positions are best, in terms of being supported by good arguments: after all, we might have much to learn from other people, sometimes that our own views should change, for the better. -/- Here we use basic critical thinking skills to argue that abortion is typically not morally wrong. We begin with less morally-controversial claims: adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings. We argue that since early fetuses entirely lack these characteristics, they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are done early in pregnancy, before consciousness and feeling develop in the fetus. -/- Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body—which she has the right to—and so she has the right to not allow the fetus use of her body. This further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal: it is an injustice to criminalizing actions that are not wrong. -/- In the course of arguing for these claims, we: 1. discuss how to best define abortion; 2. dismiss many common “question-begging” arguments that merely assume their conclusions, instead of giving genuine reasons for them; 3. refute some often-heard “everyday arguments” about abortion, on all sides; explain why the most influential philosophical arguments against abortion are unsuccessful; 4. provide some positive arguments that at least early abortions are not wrong; 5. briefly discuss the ethics and legality of later abortions, and more. -/- This essay is not a “how to win an argument” piece or a tract or any kind of apologetics. It is not designed to help anyone “win” debates: everybody “wins” on this issue when we calmly and respectfully engage arguments with care, charity, honesty and humility. This book is merely a reasoned, systematic introduction to the issues that we hope models these skills and virtues. Its discussion should not be taken as absolute “proof” of anything: much more needs to be understood and carefully discussed—always. (shrink)

The recent comments by Pope Francis on abortion have caused a bit of a stir in the media. His nuanced responses are often lost in the media, and also by advocates on both sides of the abortion debate. While the Catholic position against abortion is common knowledge, this does not preclude an openness to dialogue. This article looks at some recent attempts at dialogue on the controversial topic of abortion. The first example comes from a book that surveys the public (...) view on abortion that surprisingly finds many areas of common ground. Followed by this is a theological reading of Pope Benedict’s encyclical ‘Charity in truth’ that can be the basis of dialogue between parties with divergent views. A third example refers to a conference in Princeton University three years ago, where I mentioned several points where dialogue could be built. (shrink)

Der Abschluß der Gastrulation, der gleichzeitig auch den Anfang der Neurulation bedeutet, ist die zeitliche Grenze, die Beginn eines menschlichen Individuums markiert. Oft wird behauptet, daß jegliche natürliche Veränderung stetig ist. Wie ist es dann aber möglich, eine zeitliche Grenze auszuzeichnen, an der ein menschliches Lebewesen zu existieren beginnt? Man beachte, was geschieht, wenn wir vom Thema zeitlicher Unstetigkeit zum räumlichen übergehen. Lebewesen haben räumliche Grenzen (wie sie durch ihre Haut geformt wird). Die letzteren sind genuine Diskontinuitäten, auch angesichts der (...) Kontinuität der Materie in der physikalischen Welt. Und ebenso müssen wir schließen: Das Leben menschlicher Lebewesen hat zeitliche Grenzen - seinen Beginn und sein Ende - die auch angesichts der Kontinuität physikalischer, chemischer und biologischer Prozesse, in die sie involviert sind, echte Diskontinuitäten sind. (shrink)

Two chapters -- "Common Arguments about Abortion" and "Better (Philosophical) Arguments About Abortion" -- in one file, from the open access textbook "Introduction to Ethics: An Open Educational Resource" edited by Noah Levin. -/- Adults, children and babies are arguably wrong to kill, fundamentally, because we are conscious, aware and have feelings. Since early fetuses entirely lack these characteristics, we argue that they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are (...) done early in pregnancy before consciousness and feeling develop in the fetus. Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body, and so she has the right to not allow the fetus use of her body; this further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal. -/- In the course of arguing for these claims, we: -/- discuss how to best define abortion; dismiss many common “question-begging” arguments that merely assume their conclusion, instead of giving genuine reasons for them; refute some often-heard “everyday arguments” about abortion; explain why some influential philosophical arguments against abortion are unsuccessful; provide some positive arguments that at least early abortions are not wrong; briefly discuss the ethics and legality of later abortions, and more. -/- Little of this discussion should be taken as absolute “proof” of anything, as this is merely a reasoned introduction to the issues: much more needs to be discussed, always. (shrink)

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 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.

An editorial / opinion piece on abortion: -/- "I’m a philosophy professor who specializes in medical ethics and I teach and write about the ethics of abortion. So I am very familiar with the medical, legal and – most importantly – ethical or moral issues related to HB 481, the so-called “heartbeat bill” that would effectively ban abortion in Georgia. At least hundreds of other philosophy, ethics and law professors in Georgia teach these ethical debates about abortion: they are also, (...) to varying degrees, experts on the issues. -/- What is taught is the arguments about the ethics of abortion, that is, the reasons to think that abortion is wrong and the reasons to think that it’s not wrong. Evaluating these arguments requires understanding and skill. Much of these skills amount to consistently asking ‘What do you mean?’ and ‘Why think that?’ We need better arguments on these issues, and asking and answering these questions helps with that. . .". (shrink)

In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...) seek social peace at all. Zanetti’s claim that there is consensus on the aim of social peace can involve idealising away from disagreement in a manner that Zanetti accuses Rawls of. Second, even if there is consensus on the aim of seeking social peace, this leaves open the possibility of disagreement about which society different people should belong to. This idealises away from real world conflict concerning borders. Indeed, Zanetti does not mention that her ‘central example’ of moral disagreement, the German Abortion compromise, was enacted in the wake of German reunification. Third, there are at least two things that can be called the ‘German Abortion compromise.’ The compromise that Zanetti speaks of was imposed by the German Federal Constitutional Court. The court declared unconstitutional a law passed in 1992 that had been negotiated in parliament. Zanetti does not dwell on this lack of democratic credentials. Even the substance of the court-imposed solution is itself a dubious example of a moral compromise between parties based on what is acceptable to their reason. -/- (penultimate version - If you would like the .pdf of the final version for personal scholarly use, please contact me through the email address on my profile or my CV.). (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

The dignity of human embryos. On the moral relevance of potentiality and numerical identity. -.

When in doubt, for the embryo. New arguments on the moral status of human embryos. - In the first part of our essay we distinguish the philosophical from the legal and political level of the embryo debate and describe our indirect justification strategy. It consists in renouncing a determination of the dignity-giving φ-properties and instead starting from premises that are undoubted by all discussion partners. In the second part we reconstruct and criticize the species, continuum, identity and potentiality arguments. The (...) species argument only has a certain plausibility, if at all, as a critical argument. From the continuum argument and identity argument we take over the idea of numerical identity (NI) and link it with the core idea of the potentiality argument (P). So we come to the NIP argument: -/- (NIP) -/- (1) Every living human body that is the bearer of (or has) potential φ-properties has dignity. (2) Every viable human embryo is a living human body that is the bearer of (or has) potential φ properties. Therefore, (3) Every viable human embryo has dignity. -/- Reversibly comatose people and newborns are protected because they have the potential to have actual personal characteristics in the future; our thesis is that embryos that are capable of development also have the same potential in moral terms. The basic idea of numerical identity, with which we support the second premise, is that every human being, from embryonic existence to adulthood, forms a physical unity. In a detailed part, we deal with the crown princess, gametes, parthenogenesis, somatic cell, pronuclear stage, biological heteronome early embryo, multiple, fusion, Siamese twin, hydatidiform mole and finally trophoblast problems. In a third part, the indirect argument is supplemented by a metatheoretical cautionary argument. It states that in situations where there is doubt as to whether a being falls within the scope of a moral norm, but there are sufficiently strong reasons for this subsumption, it must be assumed that this is the case if the contrary assumption and the positive effects it may have are in no acceptable proportion to the moral harm that would result if that subsumption were not made. The main result of our considerations is therefore: When in doubt, for the embryo. (shrink)

From libertarian and critical-rationalist assumptions, the moral permissibility of abortion and infanticide can be explained and defended in three principal ways; although non-libertarians and justificationists could also accept these arguments. These include new theories of personhood (in critical-rationalist terms) and harm-infliction (in libertarian terms). The three defences are independent of each other but collectively consistent. 1) The unborn and infant human is not a person in the relevant intellectual and moral sense, because incapable of critically appraising abstract conjectures. 2) There (...) is no overall proactive imposition (harm-infliction), as the unborn or infant human is only denied the benefit of support (and to suppose otherwise is paradoxical). 3) The better overall welfare consequences. Two closely related property and contract issues are briefly addressed. It is concluded that the three complementary arguments may be hard to refute, and that—as is often asserted—accepting abortion but rejecting infanticide is inconsistent. (shrink)

Suppose a fire broke out in a fertility clinic. One had time to save either a young girl, or a tray of ten human embryos. Would it be wrong to save the girl? According to Michael Sandel, the moral intuition is to save the girl; what is more, one ought to do so, and this demonstrates that human embryos do not possess full personhood, and hence deserve only limited respect and may be killed for medical research. We will argue, however, (...) that no relevant ethical implications can be drawn from the thought experiment. It demonstrates neither that one always ought to let the embryos die, nor does it allow for any general conclusion concerning the moral status of human embryos. (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)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital interests of (...) pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

Most abortions occur early in pregnancy. I argue that these abortions, and so most abortions, are not morally wrong and that the best arguments given to think that these abortions are wrong are weak. I also argue that these abortions, and probably all abortions, should be legal. -/- I begin by observing that people sometimes respond to the issue by describing the circumstances of abortion, not offering reasons for their views about those circumstances; I then dismiss “question-begging” arguments about abortion (...) that merely assume the conclusions they are given to support; most importantly, I evaluate many arguments: both common, often-heard arguments and arguments developed by philosophers. -/- My defense of abortion is based on facts about early fetuses’ not yet possessing consciousness or any mental life, awareness or feeling, as well as concerns about rights to one’s own body. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

Der Abschluß der Gastrulation, der gleichzeitig auch den Anfang der Neurulation bedeutet, ist die zeitliche Grenze, die Beginn eines menschlichen Individuums markiert. Oft wird behauptet, daß jegliche natürliche Veränderung stetig ist. Wie ist es dann aber möglich, eine zeitliche Grenze auszuzeichnen, an der ein menschliches Lebewesen zu existieren beginnt? Man beachte, was geschieht, wenn wir vom Thema zeitlicher Unstetigkeit zum räumlichen übergehen. Lebewesen haben räumliche Grenzen (wie sie durch ihre Haut geformt wird). Die letzteren sind genuine Diskontinuitäten, auch angesichts der (...) Kontinuität der Materie in der physikalischen Welt. Und ebenso müssen wir schließen: Das Leben menschlicher Lebewesen hat zeitliche Grenzen - seinen Beginn und sein Ende - die auch angesichts der Kontinuität physikalischer, chemischer und biologischer Prozesse, in die sie involviert sind, echte Diskontinuitäten sind. (shrink)

It is commonly argued that a serious right to life is grounded only in actual, relatively advanced psychological capacities a being has acquired. The moral permissibility of abortion is frequently argued for on these grounds. Increasingly it is being argued that such accounts also entail the permissibility of infanticide, with several proponents of these theories accepting this consequence. We show, however, that these accounts imply the permissibility of even more unpalatable acts than infanticide performed on infants: organ harvesting, live experimentation, (...) sexual interference, and discriminatory killing. The stronger intuitions against the permissibility of these ‘pre-personal acts’ allow us to re-establish a comprehensive and persuasive reductio against psychological accounts of persons. (shrink)

Der Abschluß der Gastrulation, der gleichzeitig auch den Anfang der Neurulation bedeutet, ist die zeitliche Grenze, die Beginn eines menschlichen Individuums markiert. Oft wird behauptet, daß jegliche natürliche Veränderung stetig ist. Wie ist es dann aber möglich, eine zeitliche Grenze auszuzeichnen, an der ein menschliches Lebewesen zu existieren beginnt? Man beachte, was geschieht, wenn wir vom Thema zeitlicher Unstetigkeit zum räumlichen übergehen. Lebewesen haben räumliche Grenzen (wie sie durch ihre Haut geformt wird). Die letzteren sind genuine Diskontinuitäten, auch angesichts der (...) Kontinuität der Materie in der physikalischen Welt. Und ebenso müssen wir schließen: Das Leben menschlicher Lebewesen hat zeitliche Grenzen - seinen Beginn und sein Ende - die auch angesichts der Kontinuität physikalischer, chemischer und biologischer Prozesse, in die sie involviert sind, echte Diskontinuitäten sind. (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)

In this book, law professors Sherry F. Colb and Michael C. Dorf argue that: -/- many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures; most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2]; later abortions affecting sentient (...) fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and rights of the pregnant woman, which can make these abortions morally permissible. For a book claiming to explore the "connections" between debates about the two issues, just the summary from the book flap -- basically, what's above -- makes it appear that there really isn't much connection between the topics, at least at the core ethical level. Animals are sentient, early fetuses are not, and so the moral arguments about the two issues don't overlap or share premises. While the authors hope to use insights from one issue to shed light on the other, I find that differences in the issues limit these insights. (shrink)

According to the Donohue-Levitt hypothesis, the legalization of abor- tion in the United States in the 1970s explains some of the decrease in crime in the 1990s. In this paper, I challenge this hypothesis. First, I argue against the intermediate mechanisms whereby abortion in the 1970s is supposed to cause a decrease in crime in the 1990s. Second, I argue against the correlations that sup- port this causal relationship.

The Procreation Asymmetry holds that we have strong moral reasons not to create miserable people for their own sakes, but no moral reasons to create happy people for their own sakes. To defend this conjunction against an argument that it leads to inconsistency, I show how recognizing ‘creation’ as a temporally extended process allows us to revise the conjuncts in a way that preserves their intuitive force. This defense of the Procreation Asymmetry is preferable to others because it does not (...) require us to take on controversial metaphysical or metaethical commitments – in other words, it has the theoretical virtue of portability. (shrink)

Criticism of a moral theorizing that disparages common moral thought for violating presumed a priori principles. Argues for questioning alleged principles.

En este segundo documento nos ocupamos del aborto realizado por motivos terapéuticos o, dicho más brevemente, del aborto terapéutico. En la Argentina, el aborto plantea serios desafíos para la salud pública, ya que, pese a estar prohibido, se practica de forma clandestina y, muchas veces, insegura, poniendo en riesgo la vida y la salud de las mujeres. Por esta razón, creemos que la sociedad y el Estado deben debatir este problema y encontrar soluciones que resguarden los derechos de las mujeres. (...) El artículo 86, inciso 1, del Código Penal argentino expresamente despenaliza el aborto cuando corre peligro la vida o la salud de la mujer. En estos casos, se habla de aborto terapéutico. Esta disposición legal no suele aplicarse ni por los médicos ni por los profesionales que trabajan en la justicia, ya sea por desconocimiento o por razones ideológicas. Más aún, en muchos casos, las interpretaciones del Código Penal se apartan de su letra y restringen arbitrariamente su aplicación. Por estas razones, nos parece importante analizar este problema y proveer información sobre los aspectos legales y éticos involucrados en el aborto terapéutico en la Argentina. Este documento comienza con el relato de un caso hipotético, elaborado a partir de experiencias reales, con el objetivo de acercar al público a una situación concreta. Intercaladas en el cuerpo del relato, se desarrollan algunas reflexiones acerca de las implicaciones médicas, éticas y legales del caso. A continuación, se presenta un apartado referido al marco legal en el que se deben encuadrar los casos de aborto no punible. El documento sigue con una serie de breves recomendaciones destinadas tanto a los profesionales que trabajan en el sistema judicial como a los profesionales de la salud. Por último, se incluye un apéndice que contiene los principios que rigen la interpretación en materia penal y el glosario médico y legal, donde se pueden buscar las palabras resaltadas a lo largo del documento. (shrink)

Should people who believe in animal rights think that abortion is wrong? Should pro-lifers accept animal rights? If you think it’s wrong to kill fetuses to end pregnancies, should you also think it’s wrong to kill animals to, say, eat them? If you, say, oppose animal research, should you also oppose abortion? -/- Some argue ‘yes’ and others argue ‘no’ to either or both sets of questions. The correct answer, however, seems to be, ‘it depends’: it depends on why someone (...) accepts animal rights, and why someone thinks abortion is wrong: it depends on their reasons. (shrink)

This article argues that the contemporary acceptability of abortion is not solely due to the Liberal imperative to exercise individual choice. Rather, abortion's acceptability needs to be explained with reference to the techniques of consumer culture. This article will begin by explaining how practices in general predispose one to gravitate towards one form of practices rather than another. It will then look at how consumer practices generate a biopolitics of economic efficiency and corporeal commodification which culminates in a politics of (...) visibility. Under such conditions, even basic categories like mere existence is dependent on its ability to be displayed for public view. This article will conclude by reflecting on the necessity of forging the Church not as a subsection of a public framed by consumerism, but as an alternative public in its own right. (shrink)

I analyze recent discussions about making moral decisions under normative uncertainty. I discuss whether this kind of uncertainty should have practical consequences for decisions and whether there are reliable methods of reasoning that deal with the possibility that we are wrong about some moral issues. I defend a limited use of the decision theory model of reasoning in cases of normative uncertainty.

Lekarski obowiązek niesienia pomocy pacjentom wynika nie tylko z zapisów Kodeksu Etyki Lekarskiej, lecz przede wszystkim z przepisu art. 30 ustawy o zawodach lekarza i lekarza dentysty (u.z.l.), nakazującego lekarzowi udzielenie pomocy „w każdym przypadku, gdy zwłoka w jej udzieleniu mogłaby spowodować niebezpieczeństwo utraty życia, ciężkiego uszkodzenia ciała lub ciężkiego rozstroju zdrowia, oraz w innych przypadkach niecierpiących zwłoki”. Zastosowania przepisu art. 30 u.z.l. nie wyłącza również klauzula sumienia, zawarta w przepisie art. 39 u.z.l. stanowiącym, iż lekarz może co prawda odmówić (...) wykonania świadczenia niezgodnego z sumieniem, jednak tylko wtedy, gdy nie spowoduje to niebezpieczeństwa utraty życia, ciężkiego rozstroju zdrowia oraz w innych przypadkach niecierpiących zwłoki. Z kolei, w pozostałych okolicznościach, w przypadku odmowy udzielenia świadczenia, lekarz musi wskazać realne możliwości jego uzyskania u innego lekarza lub w innym podmiocie leczniczym. Dalsze rozważania mają zatem odpowiedzieć na pytanie, czy obecny kształt przepisu art. 39 u.z.l., z zastrzeżeniem zapisów art. 30 u.z.l. nie stawia lekarza przed dylematem: odpowiedzialność prawna czy sumienie. (shrink)

Niektórzy twierdzą, że nawet jeśli ktoś nie wierzy, że embriony lub płody ludzkie mają jakiś szczególnie wyróżniony status moralny, to z ostrożności powinien traktować je tak, jak gdyby miały pełny status moralny. Pokażę, dlaczego takie rozumowanie jest niepoprawne.

„Skoro powszechnie przyjmuje się, że sumienie jest suwerenne, to nie wiadomo, po co lekarz miałby uzasadniać pisemnie swój światopogląd” – napisała Naczelna Izba Lekarska w skardze do Trybunału Konstytucyjnego. Trybunał tę część skargi oddalił w wyroku z 7 października 2015 r., ale stwierdził, że „Celem prowadzenia dokumentacji medycznej nie jest (…) utrwalanie na piśmie poglądów filozoficzno-prawnych lekarza”. Uznał też, że uzasadnienie „powinno mieć charakter medyczny, a nie służyć wyjaśnieniu światopoglądu lekarza, czy też wskazaniu zasady moralnej leżącej u podstaw jego zachowania”. (...) Podobną interpretację akceptuje wielu polskich prawników, twierdząc, że skoro sumienie czy światopogląd lekarza są „indywidualne”, „autonomiczne”, „suwerenne”, to merytoryczne powody odmowy wykonania świadczenia medycznego nie mogą podlegać jakiejkolwiek ocenie i kontroli. (shrink)

Bioethische Themen im Neuen Grundgesetz von Ungarn.

Conservative and liberal approaches to the problem of abortion are oversimplified and deeply flawed. Accepting that the moral status of the conceptus changes during gestation, the author advances a more nuanced perspective. Through applying a form of rules in practice utilitarianism within the context of overall population policy, he provides a compelling ethical and legal framework for regulating contraception and abortion practices.

I will argue that physicians have an ethical obligation to justify their conscientious objection and the most reliable interpretation of the Polish legal framework claims that conscientious objection is permissible only when the justification shows the genuineness of the judgment of conscience that is not based on false beliefs and arises from a moral norm that has a high rank. I will demonstrate that the dogma accepted in the Polish doctrine that the reasons that lie behind conscientious objection in medicine (...) cannot be evaluated or controlled by anyone is based either on a mistaken interpretation of the Constitution or on the unreliable concept of conscience. I will refer to the legal regulations concerning military refusals that require from objectors to reveal and justify their views. Finally, I will demonstrate why conscientious objection under uncertainty does not deserve acceptance, because it is based on a specific version of the precautionary principle. (shrink)

In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for imposing (...) limitations on the scope of legal obligations in general. Human freedom plays a crucial role in understanding dignity as perfection based on the special individuality of a personal being, which in turn is based on the free choice to pursue a unique way of life. Therefore, Aquinas’ argumentation is, at its core, liberal – the perfection rather than the imperfection of a human being underlies the requirement to limit legal obligations. Dignity understood as the special unity of a person also provides the basis for limiting obligations in the case of conscientious objection; however, in that case, such limitations aim at safeguarding internal integrity rather than the individualisation of a given way of life. _This project was financed with funds from the National Science Centre allocated on the basis of the decision number DEC-2013/09/B/HS5/04232._. (shrink)