In lieu of an abstract, here is a brief excerpt of the content:Proof and Persuasion in the Philosophical Debate about AbortionChris KaposyPhilosophers involved in debating the abortion issue often assume that the arguments they provide can offer decisive resolution.1 Arguments on the prolife side of the debate, for example, usually imply that it is rationally mandatory to view the fetus as having a right to life, or full moral standing.2 Such an account assumes that philosophical argument can compel the reader (...) to see the fetus in a certain way and that dissent risks irrationality.I wish to question this image of the use of philosophical argument in the abortion debate. I focus on the question of fetal moral standing, which is one of the subproblems in the debate. I am especially concerned with prolife arguments for fetal moral standing, since the prolife side must argue for a position that is compulsory. The prochoice side, in contrast, typically holds that people are entitled to believe what they want about the fetus’s moral standing.My position is that philosophical arguments should be understood as tools for persuasion in the abortion debate rather than as a method for discovering decisive proofs about the morality of abortion. I argue that because any one position on the moral standing of fetuses cannot be established decisively, law and policy should favour the prochoice position. In support of these conclusions, I present two common argumentative strategies used to suggest that the prolife view of the fetus is rationally [End Page 139] mandatory, and I illustrate why arguments involving these strategies do not compel us to view the fetus as having full moral standing.Framing the IssueIn order to show that abortion is wrong (in cases in which it is considered wrong), one must first establish that fetuses have full moral standing.3 It is a serious moral wrong to take the life of someone with full moral standing—this is part of what it means to have this status. The possessor of full moral standing is entitled to have his or her life protected. If abortion is wrong, then the fetus must have full moral standing, because without such standing, killing a fetus could be justified by the pregnant woman’s strong interest in ending an unwanted pregnancy. Those arguing against the moral permissibility of abortion must show that it is mandatory (in some way) to view the fetus as having full moral standing. There are a range of positions one could take with regard to the fetus’s status, from viewing the fetus as an incipient organism with no moral standing to seeing the fetus as gaining moral standing as the pregnancy progresses. But if it is mandatory to view the fetus as having full moral standing, all other positions must then be mistaken, incorrect, or somehow unjustified.This paper analyzes why philosophers opposed to abortion think it is mandatory to attribute full moral standing to fetuses. There are two popular argumentative strategies offering different accounts of the source of this obligation. The first strategy suggests that fetal full moral standing derives from morally relevant facts about the fetus. According to this line of argument, we are rationally obligated to view the fetus as having full moral standing because we cannot deny (without courting irrationality) that there are properties, characteristics, or attributes of the fetus that entitle it to this status.The second strategy is to claim that the fetus has full moral standing because this position is most consistent with our intuitions in cases unrelated to abortion. Philosophers taking this approach are fond of analogies comparing fetuses to comatose adults or to people at the end of life, for example. This strategy of appealing to your interlocutor’s sense of consistency I call the “shared-value” strategy.The two strategies map very well onto the distinction some have made between argumentum ad rem and argumentum ad hominem. The philosopher of rhetoric Henry Johnstone Jr. draws this distinction in very clear terms, and others in the history of philosophy make note of the difference [End Page 140] between these two types of arguments as well.4 The appeal to the facts (or argumentum ad rem) seeks to establish the truth of its... (shrink)

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.

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)

The purpose of this essay is to show how, on a wide variety of issues, Rabbi Moshe Feinstein broke new ground with the established Orthodox rabbinic consensus and blazed a new trail in Jewish medical ethics. Rabbi Feinstein took power away from the rabbis and let patients decide their treatment, he opened the door for a Jewish approach to palliative care, he supported the use of new technologies to aid in reproduction, he endorsed altruistic living organ donation and recognized brain (...) death (thus laying the groundwork for Orthodox Jewish acceptance of heart transplantation), he downplayed the value of social worth in triage decisions, and was a fierce defender of the rights of the fetus. I develop broader theological principles from Rabbi Feinstein's ethical positions and compare them to those of his Jewish and Christian contemporaries. (shrink)

As little as a decade ago most moral philosophers still believed that the exercise of their craft did not include defending positions on actual moral problems. More recently they have come to their senses, one happy result being a spate of articles in the last few years on the subject of abortion. These discussions have contributed much toward an understanding of the abortion issue, but for the most part they have not attempted a full analysis of the morality of abortion. (...) Such an analysis is too large a task for a single paper, but a sketch of it will be undertaken here, the details to be filled in elsewhere. (shrink)

Morally speaking, is abortion murder? This is what I am calling the ‘abortion problem’. I claim that neither pro-life nor pro-choice advocates have the correct solution; that the correct solution is instead one considered correct by relatively few people. But if this solution really is correct, then why, after years of intense debate, is this solution not more widely accepted? Many, no doubt, are precluded from accepting it by religious dogma. But others, I think, fail to arrive at a correct (...) solution because they have been approaching the problem from the wrong theoretical framework. Or they have been approaching it without any theoretical framework at all. That is, they have no theoretical framework beyond that of merely examining their moral intuitions and, if anything is clear so far from the abortion debate, it is that intuitions alone, which differ radically from person to person, are not sufficient to solve the problem. In short: one is unlikely to arrive at the correct solution unless one starts from a sound theoretical framework. I shall, in what follows, sketch what I take to be a sound theoretical framework. Then I shall try to show what solution to the abortion problem follows from it. (shrink)

The third chapter of Jonathan Glover’s Causing Death and Saving Livesis devoted to the doctrine of the sanctity of life. In this article, I propose to analyse the Gloverian critique of the sanctity of life in its initial presentation. When Glover wrote this work in 1977, the affirmation of the sanctity of life was a recurring theme in public and scientific debates in both England and the United States. While there seems to be some consensus about it, it should be (...) noted that the term “sanctity of life” is very rarely discussed. Jonathan Glover was one of the first philosophers to engage in such an investigation and to show the limits of affirming the sanctity of life. In his analysis, he proposed replacing the defective parts of the doctrine, i.e., those that do not stand up to rational analysis. His contribution is of primary importance not only for the criticism of the doctrine of the sanctity of life, but also for the development of bioethics and its theoretical arguments. (shrink)