The Asymmetry consists of two claims. (A) That a possible person's life would be abjectly miserable –less than worth living – counts against bringing that person into existence. But (B) that a distinct possible person's life would be worth living or even well worth living does not count in favour of bringing that person into existence. In recent years, the view that the two halves of the Asymmetry are jointly untenable has become increasingly entrenched. If we say all persons matter (...) morally whether they exist or not and on that basis try to explain the first half of the Asymmetry, we lose the second half of the Asymmetry. If we say that some persons do not matter morally and some do and on that basis try to explain the second half of the Asymmetry, we lose the first half of the Asymmetry – or else find ourselves with a principle that is either inconsistent or otherwise deeply troubled in some way that has nothing to do with the content of the Asymmetry itself. In this article, I propose an alternative approach to the Asymmetry which I will call Variabilism. By understanding each and every person, whether existing or not, to matter morally but variably– such that the moral significance of any loss incurred by any person is considered to depend, not on who incurs that loss and whether that person matters morally, but rather on where that loss is incurred in relation to the person who incurs it – we can both nicely ground the two halves of the Asymmetry and avoid the conceptual difficulties that have plagued competing approaches. (shrink)

Learning from Arguments advances accessible versions of key philosophical arguments, in a form that students can emulate in their own writing, and with the primary aim of cultivating an understanding of the dynamics of philosophical argumentation. -/- The book contains ten core chapters, covering the problem of evil, Pascal’s wager, personal identity, the irrationality of fearing death, free will and determinism, Cartesian skepticism, the problem of induction, the problem of political authority, the violinist argument, the future-like-ours argument, the ethics of (...) eating meat, utilitarianism (both act and rule), and the trolley problem. Additionally, there is an introductory chapter explaining what arguments are and surveying some common argumentative strategies, an appendix on logic explaining the mechanics and varieties of valid arguments, and an appendix providing detailed advice for writing philosophy papers. -/- Each of the ten core chapters offers a sustained argument for some controversial thesis, specifically written for an audience of beginners. The aim is to introduce newcomers to the dynamics of philosophical argumentation, using some of the arguments standardly covered in an introductory philosophy course, but without the additional hurdles one encounters when reading the primary sources of the arguments: challenging writing, specialized jargon, and references to unfamiliar books, philosophers, or schools of thought. (shrink)

An important strand in the debate on abortion focuses on the moral status of fetuses. Knowledge of the moral value of fetuses is needed to assess fetuses’ moral status. As Errol Lord argues, acquaintance plays a key role in moral and aesthetic knowledge. Many pregnant persons have acquaintance with their fetus that provides privileged access to knowledge about that fetus’ moral value. This knowledge is (a) very difficult to acquire without being pregnant and (b) relevant for assessing the moral status (...) of fetuses. This has implications for public debate on abortion and the research methods of philosophers working on abortion. (shrink)

In the first part of this paper, I argue that the positions set out in traditional debates about abortion are focused on the status of the fetus to the extent that they ignore the value and meaning of pregnancy as something involving persons other than the fetus. -/- In the second part of the paper, I build on Hilde Lindemann’s ideas by arguing that recognition of the related activities of calling a fetus into personhood and creating an identity as a (...) parent allow us to make sense of a variety of reactions to pregnancy and pregnancy loss while recognizing that pregnancy can and does have meaning for many people in many cases. (shrink)

Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)

Some responses to analogies between abortion and infanticide appeal to Judith Jarvis Thomson's argument for the permissibility of abortion. I argue that these responses fail because a parallel argument can be constructed for the permissibility of infanticide. However, an argument on the grounds of a right to choose to become a parent can maintain that abortion is permissible but infanticide is not by recognizing the normative significance and nature of parenthood. -/- Certaines réponses aux analogies entre l'avortement et l'infanticide font (...) appel à l'argument de Judith Jarvis Thomson en faveur de la licéité morale de l'avortement pour désamorcer ces analogies. Je soutiens que ces réponses échouent parce qu'un argument parallèle peut être construit en faveur de la licéité de l'infanticide. Cependant, un argument reposant sur le droit de choisir de devenir parent permet de soutenir que l'avortement est autorisé mais que l'infanticide ne l'est pas en reconnaissant le sens et la nature normatifs de la parentalité. (shrink)

Sometimes it’s not certain which of several mutually exclusive moral views is correct. Like almost everyone, I think that there’s some sense in which what one should do depends on which of these theories is correct, plus the way the world is non-morally. But I also think there’s an important sense in which what one should do depends upon the probabilities of each of these views being correct. Call this second claim “moral uncertaintism”. In this paper, I want to address (...) an argument against moral uncertaintism offered in the pages of this journal by Brian Weatherson, and seconded elsewhere by Brian Hedden, the crucial premises of which are: that acting on moral uncertaintist norms necessarily involves motivation by reasons or rightness as such, and that such motivation is bad. I will argue that and are false, and that at any rate, the quality of an agent’s motivation is not pertinent to the truth or falsity of moral uncertaintism in the way that Weatherson’s and Hedden’s arguments require. (shrink)

This paper defends and develops Elizabeth Harman’s Actual Future Principle with a concept called Schrödinger’s Fetus. I argue that all early fetuses are Schrödinger’s Fetuses: those early fetuses that survive and become conscious beings have full moral status already as early fetuses, but those fetuses that die as early fetuses lack moral status. With Schrödinger’s Fetus, it becomes possible to accept two widely held but contradictory intuitions to be true, and to avoid certain reductiones ad absurdum that pro-life and pro-choice (...) positions face. It also gives a simple solution to the problem of prenatal harm. (shrink)

We commonly explain the distinctive prudential and moral status of persons in terms of our mental capacities. I draw from recent work to argue that the common explanation is incomplete. I then develop a new explanation: We are ethically important because we are the object of a pattern of self-concern. I argue that the view solves moral problems posed by permissive ontologies, such as the recent personite problem.

Abortion remains a controversial topic, with pro-life and pro-choice advocates clashing fiercely. However, public polling demonstrates that the vast majority of the Western public holds a middle position: being in favour of abortion but not in all circumstances nor at any time. The intuitions held by the majority seem to imply a contradiction: two early foetuses at the same point in development have different moral statuses. Providing coherent philosophical grounding for this intuition has proved challenging. Solutions given by philosophers such (...) as Feinberg, Harman and Räsänen are complex and do not fully account for the lived experience of pregnancy loss. This article argues for a relational ontological construction of human personhood as the basis of foetal personhood. This approach takes seriously the literature of pregnancy loss and the lived experiences of pregnant persons. Focusing on the manner in which persons relate to early foetuses (especially pregnant persons), provides a coherent ground for distinct foetal value. Importantly, this approach is both simple and intuitive. Therefore, it can be more easily adopted by middle. To counter an implied equality of human relationality, the article argues for a clear hierarchy based on relational proximity that affirms pregnant persons? primary role in deciding the moral significance of foetal termination. (shrink)

It is sometimes suggested that if a moral theory implies that infanticide can sometimes be permissible, that is sufficient to discredit the theory. I argue in this article that the common-sense belief that infanticide is wrong, and perhaps even worse than the killing of an adult, is challenged not so much by theoretical considerations as by common-sense beliefs about abortion, the killing of non-human animals, and so on. Because there are no intrinsic differences between premature infants and viable fetuses, it (...) is difficult to accept that an abortion performed after the point of viability can be permissible while denying that infanticide can be permissible for a comparably important reason. This and other challenges to the consistency of our intuitions exert pressure on us either to accept the occasional permissibility of infanticide or to reject liberal beliefs about abortion. (shrink)

In this article, I present a novel argument against abortion. In short, what makes it wrong to kill someone is that they are a counterfactual person; counterfactual persons are individuals such that, were they not killed, they would have been persons. My view accommodates two intuitions which many views concerning the wrongness of killing fail to account for: embryo rescue cases and the impermissibility of infanticide. The view avoids embryo rescue cases because embryos in the rescue scenarios are not counterfactual (...) people: they are not counterfactual people because it is false to say that, were they not killed, they would have been persons. As a result, it does not follow from my account that there is a prohibition against allowing embryos to die. On the other hand, infants are counterfactual people: an infant is an individual such that, were she not killed, she would have been a person. (shrink)

Can one consistently deny the permissibility of abortion while endorsing the killing of human embryos for the sake of stem cell research? The question is not trivial; for even if one accepts that abortion is prima facie wrong in all cases, there are significant differences with many of the embryos used for stem cell research from those involved in abortion—most prominently, many have been abandoned in vitro, and appear to have no reasonably likely meaningful future. On these grounds one might (...) think to maintain a strong position against abortion but endorse killing human embryos for the sake of stem cell research and its promising benefits. I will argue, however, that these differences are not decisive. Thus, one who accepts a strong view against abortion is committed to the moral impermissibility of killing human embryos for the sake of stem cell research. I do not argue for the moral standing of either abortion or the killing of embryos for stem cell research; I only argue for the relation between the two. Thus the conclusion is relevant to those with a strong view in favor of the permissibility of killing embryos for the sake of research as much as for those who may strongly oppose abortion; neither can consider their position in isolation from the other. (shrink)

In the field of medically assisted reproduction (MAR), there is a growing emphasis on the importance of introducing new assisted reproductive technologies (ARTs) only after thorough preclinical safety research, including the use of animal models. At the same time, there is international support for the three R’s (replace, reduce, refine), and the European Union even aims at the full replacement of animals for research. The apparent tension between these two trends underlines the urgency of an explicit justification of the use (...) of animals for the development and preclinical testing of new ARTs. Considering that the use of animals remains necessary for specific forms of ART research and taking account of different views on the moral importance of helping people to have a genetically related child, we argue that, in principle, the importance of safety research as part of responsible innovation outweighs the limited infringement of animal wellbeing involved in ART research. (shrink)

The morality of abortion is a longstanding controversy. One may wonder whether it’s even possible to make significant progress on an issue over which so much ink has already been split and there is such polarizing disagreement (Boyle 1994). The papers in this issue show that this progress is possible—there is more to be said about abortion and other crucial beginning-of-life issues. They do so largely by applying contemporary philosophical tools to moral questions involving life’s beginning. The first two papers (...) defend the pro-life view from recent objections involving miscarriage and abortion doctors. The third shows how the social model of disability and the concept of transformative experience applies to classic debates like abortion and euthanasia. The final two papers address how rights and harms apply to children and to beings that do not yet exist. All five papers make a noteworthy contribution to the moral issues that arise at the beginning of life. (shrink)

Part One addresses the question whether the fact that some persons love something, worship it, or deeply care about it, can endow moral status on that thing. I argue that the answer is “no.” While some cases lend great plausibility to the view that love or worship can endow moral status, there are other cases in which love or worship clearly fails to endow moral status. Furthermore, there is no principled way to distinguish these two types of cases, so we (...) must conclude that love or worship never endow moral status. Part Two takes up the hard question of why we have to be careful of things that others love or worship, given that the things do not thereby have moral status. I argue that it is sometimes bad for those who love or worship the things if we mistreat them. I develop an account of when love and worship, and person projects more generally, succeed in expanding the scope of what counts as good or bad for the person engaged in the project. (shrink)

We use “I’ll be glad I did it” reasoning all the time. For example, last night I was trying to decide whether to work on this paper or go out to a movie. I realized that if I worked on the paper, then today I would be glad I did it. Whereas, if I went out to the movie, today I would regret it. This enabled me to see that I should work on the paper rather than going out to (...) a movie. This looks like excellent reasoning: Paper argument: 1. If I work on my paper, I’ll be glad I did it. 2. Therefore, I should work on my paper. When we’re having trouble making a big life decision, we often try to picture what will happen each way we might choose, and imagine how we’ll feel in that outcome. When choosing between two jobs, we might use this reasoning. Suppose you are choosing between two jobs and you know quite a lot about what the two jobs will be like. In one, you will make a lot of money but have to work eighty-hour weeks and see little of your family. In the other, you will make considerably less money—though enough to support yourself and your family. You’ll have much more time for your family. The money is attractive. But overall, you realize you’ll be glad to have the time with your family if you take the second job—you’ll be glad you made that choice. It seems this is a good way of realizing that you should take the second job. (shrink)

It seems that if abortion is permissible, then stem cell research must be as well: it involves the death of a less significant thing (an embryo rather than a fetus) for a greater good (lives saved rather than nine months of physical imposition avoided). However, I argue in this essay that this natural thought is mistaken. In particular, on the assumption that embryos and fetuses have the full moral status of persons, abortion is permissible but one form of stem cell (...) research is notFthe practice of creating embryos and then destroying them to extract cell.. (shrink)

The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been (...) performed. The problem arises when it is argued that the actions do not harm these people—because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people’s everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone’s lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future. (shrink)

In her important and well-known discussion “On the Moral and Legal Status of Abortion,” Mary Anne Warren regrets that “it is not possible to produce a satisfactory defense of a woman’s right to obtain an abortion without showing that the fetus is not a human being, in the morally relevant sense.” Unlike some more cautious philosophers, Warren thinks that we can definitively demonstrate that the fetus is not a person. In this paper, Warren’s argument is critically examined with a focus (...) especially on the question of the foundation and the boundaries of the moral community. The fundamental thesis of the paper is that Warren’s approach is flawed for at least four reasons: (1) that being a person is not as obviously central to having full moral rights as Warren assumes, (2) that her exclusivism regarding moral status has dubious moral consequences independent of the abortion issue, (3) that it is not clear that a fetus is not a person, even on Warren’s own criteria, and (4) her criteria for personhood are themselves suspect. (shrink)

I argue that it is permissible for pregnant women to expose their unborn children to risks and injury. I begin with the premise that abortion is permissible. If so, then just as a pregnant woman may permissibly prevent an unborn child from experiencing any future wellbeing, she also may permissibly provide her child relatively poorer prospects for wellbeing. Therefore, it is permissible for pregnant women to take risks and cause prenatal injury. This argument has revisionary implications for policies that prevent (...) medical research and drug use during pregnancy. It also explains why moralistic criticism of pregnant women is unwarranted. (shrink)

Abstract It is common practice to regard participants in assisted and collaborative reproduction (gamete donors, embryologists, fertility doctors, etc.) as simply providing a desired biological product or medical service. These agents are not procreators in the ordinary sense, nor do they stand in any kind of meaningful parental relation to the resulting offspring. This paper challenges the common view by defending a principle of procreative responsibility and then demonstrating that this standard applies as much to those who provide reproductive assistance (...) in the form of medical services or gametes, as it does to coital reproducers or intending parents. Drawing on vocabulary from the common law tradition, I suggest that it may be helpful to refer to the various participants in assisted and collaborative reproduction (ACR) as accessories to procreation. Referring to the participants in ACR as accessories to procreation highlights the fact that these agents are not just providing medical services or products. They are participating in a supply chain designed to bring about new persons. I conclude by arguing that regulative standards in the fertility industry should be structured such that they permit, facilitate, and encourage agents to satisfy the requirements of procreative responsibility. Content Type Journal Article Pages 1-16 DOI 10.1007/s10677-011-9330-7 Authors Melissa Seymour Fahmy, Department of Philosophy, University of Georgia, 107 Peabody Hall, Athens, GA 30602, USA Journal Ethical Theory and Moral Practice Online ISSN 1572-8447 Print ISSN 1386-2820. (shrink)

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 formula of universal law (FUL) is a natural starting point for philosophers interested in a Kantian perspective on the morality of abortion. I argue, however, that FUL does not yield much in the way of promising or substantive conclusions regarding the morality of abortion. I first reveal how two philosophers' (Hare's and Gensler's) attempts to use Kantian considerations of universality and prescriptivity fail to provide analyses of abortion that are either compelling or true to Kant=s understanding of FUL. I (...) then turn to some recent interpretations of Kant=s FUL contradiction in conception (CC) and contradiction in will (CW) tests. I argue that none of the interpretations of the CC testBincluding the practical interpretation favored by KorsgaardBdoes much to reveal moral problems with maxims of abortion. The CW test (as developed by Herman) is more helpful. Nevertheless, I argue that neither by considering abortion maxims as a subset of maxims of convenience killing, nor by considering such maxims as maxims of refusing to aid, can the CW test generate a general prohibition of abortion. At best, the CW test illuminates the abortion issue because by forcing us to think about how killing a fetus differs from killing other human beings, what attitudes we may reasonably have toward a fetus, and whether Kant's moral theory must be amended to do justice to the problem of abortion. But to pursue these questions, we must look beyond FUL; Kant’s formula of humanity and doctrine of virtue may well have more to offer. (shrink)

Where in Kant's ethical theory may we find principles, guidance, or at least insights, about the morality of abortion? The formula of universal law is a natural place to begin looking. There is a long tradition of focusing on Kant's formula of universal law as a principle for evaluating maxims, resting in part on the belief that Kant intends the formula of universal law to be so used (G 4:437-38). It is hardly surprising that some philosophers have already turned to (...) this principle searching for the — or at least a — Kantian view of abortion. (shrink)

Successful deployment of “artificial womb technology (AWT)” is anticipated within a decade or so. In the case of “partial” ectogestation, in vivo gestation precedes fetal transfer to an artificial...

While morality prohibits us from creating miserable children, it does not require us to create happy children. I offer an actualist explanation of this apparent asymmetry. Assume that for every possible world W, there is a distinct set of permissibility facts determined by the welfare of those who exist in W. Moral actualism says that actual-world permissibility facts should determine one's choice between worlds. But if one doesn't know which world is actual, one must aim for subjective rightness and maximize (...) expected actual-world permissibility. So, because one should expect actual people to be worse off than they could have been if one creates a miserable child, creating a miserable child is subjectively impermissible. And because one should expect actual people to be at least as well off as they could have been if one fails to create a happy child, failing to create a happy child is subjectively permissible. (shrink)

Many accounts of the morality of abortion assume that early fetuses must all have or lack moral status in virtue of developmental features that they share. Our actual attitudes toward early fetuses don’t reflect this all-or-nothing assumption: early fetuses can elicit feelings of joy, love, indifference, or distress. If we start with the assumption that our attitudes toward fetuses reflect a real difference in their moral status, then we need an account of fetal moral status that can explain that difference. (...) I argue that we can have or lack relational obligations to early fetuses in light of our own activities or choices, independent of the fetus’s own features or properties. Those relational obligations make the early fetus morally considerable to the persons who stand in a moral relation to it. Pregnant persons (and other participants in the procreative process) can come to have relational obligations to an early fetus just in virtue of their own decision to create a person, either by intentionally getting pregnant or by deciding to continue a pregnancy. That decision not only makes it appropriate for them to care about the fetus, but it also generates obligations to the fetus that they didn’t have before that decision. (shrink)

The antiabortion movement is increasingly using ostensibly scientific measurements such as ‘fetal heartbeat’ and ‘fetal pain’ to provide ‘objective’ evidence of the moral status of fetuses. However, there is little knowledge on how clinicians conceptualise and operationalise the moral status of fetuses. We interviewed obstetrician/gynaecologists and neonatologists on this topic since their practice regularly includes clinical management of entities of the same gestational age. Contrary to our expectations, there was consensus among clinicians about conceptions of moral status regardless of specialty. (...) First, clinicians tended to take a gradualist approach to moral status during pregnancy as they developed and viewed viability, the ability to live outside of the uterus, as morally significant. Second, in contrast to ‘fetal pain’ laws and philosophical discussions about the ethical salience of sentience, the clinicians in our study did not consider the ability to feel pain as a morally relevant factor in moral status determinations. Third, during previability and perviability, clinicians viewed moral status as a personal value decision, which should be made by pregnant people and parents of neonates. (shrink)

For caregivers of minimally communicative individuals, providing support in the absence of clearly meaningful responses is ethically fraught. We conducted a secondary analysis of qualitative data from caregivers of individuals who are minimally communicative, including persons with advanced dementia and individuals in disorders of consciousness. Our analysis led to two central claims: (1) Personhood is a threshold concept that is situated, relational, and dynamic and (2) in circumstances in which personhood is difficult to judge, caregivers can “fill the gap” to (...) reach the threshold through a repertoire of strategies. Because personhood is in part an attribution from others, a situational loss of personhood does not preclude restoration, nor does it eliminate moral status. (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.

Opponents of abortion sometimes hold that it is impermissible because fetuses are persons from the moment of conception. But miscarriage, which ends up to 89 % of pregnancies, is much deadlier than abortion. That means that if opponents of abortion are right, then miscarriage is the biggest public-health crisis of our time. Yet they pay hardly any attention to miscarriage, especially very early miscarriage. Attempts to resolve this inconsistency by adverting to the distinction between killing and letting die or to (...) the difficulty of preventing miscarriage fail, leaving a dilemma. Opponents of abortion should either advocate a substantial shift in our political and medical priorities or else give up the view that fetuses are persons from the moment of conception. (shrink)

ABSTRACT Most existing literature on the ethics of full ectogenesis has proceeded under the presupposition that science will at some point produce sophisticated technologies for full‐term gestation (from embryo to infant) outside the human womb, delivering neonate health outcomes comparable with (or even superior to) biological gestation. However, the development of this technology—as opposed to the support systems currently being advanced—would require human subject experiments in embryo‐onwards development using ectogenic prototypes. Literature on ectogenic research ethics has so far focused on (...) ‘backwards’ development of partial ectogenesis: incubation and ectogestation technologies that would allow the support of earlier and earlier neonates and foetuses. However, little has been said about the ethics of ‘forwards’ development of (partial or full) ectogenesis, involving the development of embryos and foetuses in prototype environments. Such a prototype might allow us to produce a gestateling or live neonate from a human embryo, but with poorer expected development and health outcomes than from biological gestation; it might also produce only gestatelings (healthy or otherwise) before the technology was developed to a stage where full‐term gestation was achievable. This paper explicates some of the ethical issues that this raises for the development of ‘full’ ectogenesis, and presents prima facie reasons to consider this research problematic and therefore to require extensive further argument in its defence. (shrink)

We commonly explain the distinctive prudential and moral status of persons in terms of our mental capacities. I draw from recent work to argue that the common explanation is incomplete. I then develop a new explanation: We are ethically important because we are the object of a pattern of self-concern. I argue that the view solves moral problems posed by permissive ontologies, such as the recent personite problem.

This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.