When an abortion is performed, someone dies. Are we killing a human person? Widespread disagreement exists. However, it is not necessary to establish personhood in order to establish the wrongness of abortion: a substantial chance of personhood is enough. We defend The Do Not Risk Homicide Argument: abortions are wrong after 10 weeks gestation because they substantially and unjustifiably risk homicide, the unjust killing of a human person. Why 10 weeks? Because the cumulative evidence establishes a substantial chance (a more (...) than one in five chance) that preborn human beings are persons after 10 weeks (if not before then). We submit evidence from our bad track record, widespread disagreement about personhood (after 10 weeks gestation), problems with theories of personhood, the similarity between preborn human beings and premature newborns, miscalculations of gestational age, and the common intuitive responses of women to their pregnancies and miscarriages. Our argument is cogent because it bypasses the stalemate over preborn personhood and rests on common ground rather than contentious metaphysics. It also strongly suggests that society must do more to protect preborn human beings. We briefly discuss its practical implications for fetal pain relief, social policy, and abortion law. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

Several recent papers have suggested that the pro-life view entails a radical, implausible thesis: that miscarriage is the biggest public health crisis in the history of our species and requires radical diversion of funds to combat. In this paper, I clarify the extent of the problem, showing that the number of miscarriages about which we can do anything morally significant is plausibly much lower than previously thought, then describing some of the work already being done on this topic. I then (...) briefly survey a range of reasons why abortion might be thought more serious and more worthy of prevention than miscarriage. Finally, I lay out my central argument: that reflection on the wrongness of killing reveals that the norms for ending life and failing to save life are different, in such a way that could justify the prioritization of anti-abortion advocacy over anti-miscarriage efforts. Such an account can also respond to similar problems posed to the pro-lifer, such as the question of whom to save in a “burning lab” type scenario. (shrink)

A central tenet of the liberal tradition in political philosophy is that citizens must be able to relate to one another as equals. I argue that this commitment to what has been called democratic equality is in tension with legal prohibitions on abortion prior to fetal viability. The most minimal commitment of democratic equality is equality before the law, which requires that the state treat like cases alike. My primary argument focuses on showing how this requirement cannot be reconciled with (...) restrictive abortion laws given the other laws and practices common in liberal democracies. This is so even if we think of fetuses as citizens, as I suggest we should. Moreover, the changes states would need to make to their other laws and practices to bring them into line with restrictive abortion laws are intuitively deeply disturbing. I give a secondary argument showing how these intuitive reactions may be vindicated by more substantive reflection on democratic equality and its presuppositions. But the primary argument has force for anyone who rejects the extensive state control over citizens' bodies that would be needed to reconcile restrictive abortion laws with equality before the law, even if they do so on other grounds. (shrink)

The aim of this commentary is to critically examine Matti Häyry’s article ‘Just Better Utilitarianism’, where he argues that liberal utilitarianism can offer a basis for moral and political choices in bioethics and thus could be helpful in decision-making. This commentary, while generally sympathetic to Häyry’s perspective, argues that Häyry should expand on who belongs to our moral community because, to solve practical ethical issues, we need to determine who (and what) deserves our moral consideration. Challenging Häyry’s principle of actual (...) or prospective existence, this commentary suggests that – at least sometimes – the quality of life of those who will never come into existence matters. In a similar vein, this commentary aims to show that determining how to treat mindless humans such as fetuses might pose difficulties for liberal utilitarianism unless the issue of the boundaries of the moral community is addressed. (shrink)

This post-holiday edition of the JME brings together a number of papers, covering a range of methodologies, surveys on public opinion, the application of developmental neuroscience, comparative risk/benefit questionnaires, scoping reviews and analysis of guidance and health policy, alongside what might be seen as more traditional medical ethics, analysing concepts and advancing arguments. This range of methodologies is suggestive of the kind of discipline that bioethics has become, and how a wealth of disciplinary and methodological perspectives is needed to address (...) the numerous challenges that face modern health systems. The Editors’ Choice article by Derbyshire and Brockman1 considers the contentious issue of fetal pain, and applies developmental neuroscience to the question of at what stage, if at all, a fetus can feel pain? The authors argue that new evidence suggests we cannot rule out that foetuses might experience pain before 24 weeks. The authors define pain as being ‘a raw experience’ and therefore, ‘the ability to feel pain does not have to be premised on self-reflection, which prevents a rejection of fetal pain because the fetal experience is not equivalent to an adult human experience.’1 Hence, for the authors, pain does not have to be equivalent to adult pain to matter morally. The authors have differing views on abortion and this provokes a thoughtful discussion, in terms of what are the implications of these, although tentative, conclusions on fetal pain for practical approaches to carrying out abortions. They conclude by exploring how abortions might be carried out in a more humane way, that is, using fetal analgesia, and what such a humane approach might look like in light of this new evidence. In this month’s feature article Brick and colleagues2 report on a study that surveyed a sample of the UK population on their views on allowing …. (shrink)