The biophilosophic justification for the idea that “brain death” is death needs to support two claims: that what dies in human death is a human organism, not merely a psychological entity distinct from it; that total brain failure signifies the end of the human organism as a whole. Defenders of brain death typically assume without argument that the first claim is true and argue for the second by defending the “integrative unity” rationale. Yet the integrative unity rationale has fallen on (...) hard times. In this article, I give reasons for why we should think of ourselves as organisms, and why the “fundamental work” rationale put forward by the 2008 President’s Council is better than the integrative unity rationale, despite persistent objections to it. (shrink)

We defend the view that we are not identical to organisms against the objection that it implies that there are two subjects of every conscious state one experiences: oneself and one’s organism. We then criticize animalism —the view that each of us is identical to a human organism—by showing that it has unacceptable implications for a range of actual and hypothetical cases of conjoined twinning : dicephalus, craniopagus parasiticus, and cephalopagus.

Critics of industrial animal agriculture have argued that its practices are cruel, inhumane, or otherwise degrading to animals. These arguments sometimes form the basis of a larger case for the complete abolition of animal agriculture, while others argue for more modest welfare-based reforms that allow for certain types of industrial farming. This paper defends industrial farming against the charge of cruelty. As upsetting as certain practices may seem, I argue that they need not be construed as cruel or inhumane. Any (...) link between industrial farming and cruelty or inhumanity is contingent on certain cultural, behavioral, and psychological facts that are person-dependent. For many people working in animal agriculture, these facts do not obtain. To be sure, industrial animal agriculture has real moral hazards that must be carefully avoided, but all that this shows is that working with animals is not for everyone. (shrink)

Roughly, animalism is the doctrine that each of us is identical with an organism. This paper explains and defends a hylemorphic version of animalism. I show how hylemorphic animalism handles standard objections to animalism in compelling ways. I also show what the costs of endorsing hylemorphic animalism are. The paper's contention is that despite the costs, the view is worth taking seriously.

This article explains the problems with Alan Shewmon’s critique of brain death as a valid sign of human death, beginning with a critical examination of his analogy between brain death and severe spinal cord injury. The article then goes on to assess his broader argument against the necessity of the brain for adult human organismal integration, arguing that he fails to translate correctly from biological to metaphysical claims. Finally, on the basis of a deeper metaphysical analysis, I offer a revised (...) rationale for the validity of the neurological criterion of human death. (shrink)

At a 2011 meeting of the Society of Christian Philosophers, N. T. Wright offered four reasons for rejecting the existence of soul. This was surprising, as many Christian philosophers had previously taken Wright's defense of a disembodied intermediate state as a defense of a substance dualist view of the soul. In this paper, I offer responses to each of Wright's objections, demonstrating that Wright's arguments fail to undermine substance dualism. In so doing, I expose how popular arguments against dualism fail, (...) such as dualism is merely an unwarranted influence of Greek culture on Christianity, and substance dualism is merely a soul-of-the-gaps hypothesis. Moreover, I demonstrate that Wright himself has offered a powerful reason for adopting substance dualism in his previous works. In conclusion I offer a view that explains why the human soul needs a resurrected body. (shrink)

Abstract: There is no such thing as ‘the’ hylemorphic account of personal identity. There are several views that count as hylemorphic, and these views can be grouped into two main families—the corruptionist view, and the survivalist view. The differentiating factor is that the corruptionist view holds that the persistence of the soul is not sufficient for the persistence of the person, while the survivalist view holds that the persistence of the soul is sufficient for the persistence of the person. In (...) this paper, I argue that hylemorphists should prefer the corruptionist view. This project ought to be of interest to anyone working on issues of personal identity, not only because hylemorphic views are historically important, but also because they are currently receiving significant attention in the personal identity literature. (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)

In this article, I explore difficult and sensitive questions regarding the nature of transgender identity claims and the appropriate medical treatment for those suffering from gender dysphoria. I first analyze conceptions of transgender identity, highlighting the prominence of the wrong-body narrative and its dualist presuppositions. I then briefly argue that dualism is false because our bodily identity is essential and intrinsic to our overall personal identity and explain why a sound, nondualist anthropology implies that gender identity cannot be entirely divorced (...) from sexual identity. Finally, I make the case that arguments in favor of hormonal and surgical treatments for gender dysphoria rest on this mistaken dualist anthropology, and that these treatments therefore give false hope to those suffering from gender dysphoria, while causing irreversible bodily harm and diverting attention from underlying psychological problems that often need to be addressed. I also briefly discuss how these philosophical claims relate to empirical studies on the outcomes of hormonal and surgical treatments for gender dysphoria and to testimonies of transgender individuals who regret having undergone these treatments. (shrink)

A growing number of medical professionals claim a right of conscience, a right to refuse to perform any professional duty they deem immoral—and to do so with impunity. We argue that professionals do not have the unqualified right of conscience. At most they have a highly qualified right. We focus on the claims of pharmacists, since they are the professionals most commonly claiming this right.

In my initial critique of the substance view, I raised reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as the standard adult human being, among others. In this follow-up critique, I raise objections to some of the premises invoked in support of this conclusion. I begin by briefly presenting the substance view as well as its defense. (For a more thorough presentation, see the first part of my critique.) (...) I then raise objections to three claims involved in the substance view's defense: the claim that the standard human fetus's intrinsic value and moral standing is a function of its potentiality; the claim that the standard human fetus's intrinsic value and moral standing is a function of its essential properties; and the claim that it is the possession of the basic potential for rational moral agency that best accounts for the wrongness of killing the standard human fetus, among others. (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. This (...) chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

In this essay, I outline fundamental anthropological and moral principles related to human sexuality and gender identity and then apply these principles to analyze and evaluate the views of several authors who attempt to carve out a “middle way” between liberal and traditionalist approaches to these issues. In doing so, I engage especially with the claim that gender dysphoria, rather than being a psychological issue, is a type of biological intersex condition in which one’s “brain sex” is out of line (...) with one’s genital and chromosomal sex. I argue that understanding the human person as a unity of body and soul and recognizing human sexuality as ordered toward the human good of marriage understood as inseparably unitive and procreative reveals the flaws in this position and helps to show why hormonal or surgical gender reassignment therapy is not a medically or ethically appropriate response to gender dysphoria. I also offer an alternative characterization of gender dysphoria and suggestions for responding with true compassion to those who suffer from it. (shrink)

Various cases of conjoined twinning have been presented as problems for the animalist view that we are animals. In some actual and possible cases of human dicephalus that have been discussed in the literature, it is arguable that there are two persons but only one human animal. It is also tempting to believe that there are two persons and one animal in possible instances of craniopagus parasiticus that have been described. Here it is argued that the animalist can admit that (...) these are cases in which human persons are not animals, without forfeiting the title “animalist.” It is also shown that this is not only an option but also a well-motivated and plausible option for the animalist. Seeing this requires getting clear on what the word “we” should be thought to include in the animalist's claim that we are animals. Here animalism is defended against twinning objections by figuring out how to view the scope of the animalist's identity claim. (shrink)

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

In an earlier paper, I defended the moral permissibility of eating meat against sentience-based arguments for moral vegetarianism. The crux of my argument was that sentience is not an intrinsically morally salient property, and that animals lack moral status because they lack a root capacity for rational agency. Accordingly, it is morally permissible to consume meat even if doing so is not strictly necessary for our nutrition. This paper responds to critiques of my argument by Bruers :705–717, 2015) and Erdös. (...) I then show that their criticisms are easily dispatched and therefore fail to undermine my defense of meat consumption. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...) to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

The dominant philosophical view of gamete donation as morally permissible rests on two premises: parental obligations are triggered primarily by playing a causal role in procreation, not by genetic ties, and those obligations are transferable—that is, they are obligations to make adequate provision for the child’s needs, not necessarily to raise the child oneself. Thus while gamete donors are indeed agent causes of the children that their donation helps to bring into existence, most think that donors’ obligations are discharged insofar (...) as they know that competent others intend to care for those children. In this article, I call into question this dominant view by challenging both of its premises. Challenging the first premise, I argue that genetic parenthood is what primarily triggers parental obligations. Challenging the second premise, I claim that those obligations are non-transferable—i.e., that they are obligations not simply to ensure that someone will raise one’s genetic child, but to raise that child oneself . The implication of my argument is that gamete donation is inherently wrong insofar as it involves acquiring non-transferable obligations that one has no intention of fulfilling. (shrink)

This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.

Critics of homosexual activity often appeal to some form of natural law theory as a basis for their arguments. According to one version of natural law theory, actions that “pervert” or misuse a bodily faculty are immoral. In this paper, I argue that this “perverted faculty argument” provides a successful account of good and evil action. Several objections are assessed and found inadequate.

This paper presents an account of how human spontaneous embryonic chimeras are formed. On the prevalent view in the philosophical literature, it is said that chimeras are the product of two embryos that fuse to form a new third embryo. We call this version of fusion synthesis. In contrast to synthesis, we present an alternative mechanism for chimera formation called incorporation, wherein one embryo incorporates the cells of a second embryo into its body. We argue that the incorporation thesis explains (...) other types of chimera formation, which are better understood, and is more consistent than synthesis with what is known about embryological development. Incorporation also has different implications than synthesis and so avoids the philosophical puzzles that are often said to accompany embryonic chimera formation—puzzles which pose problems to the human embryo’s persistence from fertilization to the fetal stage of human development. (shrink)

Timothy Hsiao asks a good question: Why believe animals deserve moral consideration? His answer is that we should not. He considers various other answers and finds them wanting. In this paper I consider an answer Hsiao has not yet discussed: We should accept a conservative view about how to form beliefs. And such a view will instruct us to believe that animals deserve moral consideration. I think conservatives like Hsiao do best to answer his question in a way that upholds (...) the moral status of animals. Since my answer is one Hsiao has not yet addressed, it is compatible with the main points he makes against various other motivations in his many papers on this topic. So my paper should be understood as an invitation to Hsiao to consider another answer. (shrink)

I defend the position argued previously by Germain Grisez and me that total brain death is a valid criterion of death on the grounds that a human being is essentially a rational animal, and a brain-dead body lacks the radical capacity for rational actions. I reply to Josef Seifert’s objection that our positions rest on a reductionist view of the human person, and to other objections concerning the inter-relation between the human soul, its powers, and functions of the brain. I (...) argue that a brain-dead body lacks the material dispositions needed for having the form or soul of a human being. (shrink)

The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...) and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

In this paper, I confront Engelhardt’s views—conceptualized as a cohesive moral perspective grounded in a combination of secular and Christian moral requirements—on two fronts. First, I critique his view of the moral demands of justice within a secular pluralistic society by showing how Thomistic natural law theory provides a content-full theory of human flourishing that is rationally articulable and defensible as a canonical vision of the good, even if it is not universally recognized as such. Second, I defend the principles (...) of Roman Catholic social teaching (RCST) against Engelhardt’s objection that it constitutes a watered-down version of the Christian moral vision which opens the door to intolerable moral compromises. While I acknowledge that Engelhardt’s criticism of RCST is well-grounded in certain abusive compromises that have been made by some Catholic healthcare institutions, I contend that such abuses are not endemic to RCST and avoidance of them is practically feasible in contemporary secular pluralistic societies. My primary aim is to show how continued dialogue between Engelhardtian libertarians and more communitarian-inclined RCST proponents may constructively yield a vision of healthcare allocation that ensures succor for the least advantaged within an authentically Christian social ethic. (shrink)

In this paper, I argue that adherents of Patrick Toner’s hylemorphic animalism who also assent to orthodox Christology and a thesis about the necessity of identity must reject a prima facie plausible theological possibility held by Ockham, entertained in one form by St. Thomas Aquinas, and recently held by Richard Cross, Thomas Flint,, and, and Timothy Pawl and concerning which individual concrete human natures an omnipotent God could assume.

Mitochondrial replacement techniques are designed to allow couples to have children without passing on mitochondrial diseases. Recently, Giulia Cavaliere and César Palacios-González argued that prospective parents have the right to use MRTs to pursue genetic relatedness, such that some same-sex couples and/or polygamous triads could use the process to impart genetic relatedness between a child and more of its caregivers. Although MRTs carry medical risks, Cavaliere and Palacios-González contend that because MRTs are identity-affecting, they do not cause harm to an (...) existing human being, and our intuitions otherwise arise from the non-identity problem. Here, I review several attempts to address the non-identity problem, and propose a solution to the problem. Furthermore, I argue that regardless of one’s stance on whether MRTs are identity-affecting, the use of MRTs to pursue genetic relatedness alone falls outside the scope of the medical profession, as they involve substantive medical risk for no medical benefit. (shrink)

The details of St. Thomas Aquinas’s anthropological view are subject to debate. Some philosophers believe he held that human persons survive their deaths. Other philosophers think he held that human persons cease to exist at their death, but come back into being at the general resurrection. In this paper, I defend the latter view against one of the most significant objections it faces, namely, that it entails that God punishes and rewards separated souls for the sins or merits of something (...) else: the (non-existent) persons to whom those souls once belonged. The objector takes this entailment to be problematic. I argue that it fits in well with St. Thomas’s views about punishment and about persons. (shrink)

In this article I argue that the fundamental axiological claim of the New Natural Law Theory, according to which human life has an intrinsically valuable, cannot be defended within the framework assumed by the New Natural Law Theory itself, and further, that such a claim turns out to be false relative to a wider eudaimonistic framework that the Natural Law theorist is committed to accept. I do this this by adopting a dialectical standpoint which excludes any assumptions that could be (...) denied by the New Natural Law theorist, except for the axiological claim, and show that the New Natural Law theorist cannot argue for the axiological claim's plausibility, and moreover, that in such a setting the New Natural Law theorist is compelled to replace the axiological claim by the claim that human life is instrumentally valuable. La afirmación axiológica fundamental de la Nueva Ley Natural según la cual la vida humana tiene un valor intrínseco, no puede ser defendida dentro del marco teórico asumido por dicha teoría, y resulta ser falsa en un marco eudemonista más amplio, que debe ser aceptado por el teórico de la ley natural. Se asume una posición dialéctica que excluye cualquier suposición que pueda ser negada por el teórico de la NLN, con excepción de la afirmación axiológica, y se demuestra que él no puede mostrar la plausibilidad de la afirmación axiológica; más aún, que se ve forzado a reemplazar la afirmación axiológica por la aceptación de que la vida humana tiene un valor instrumental. (shrink)

In this paper I discuss what contemporary virtue ethics can say about abortion by considering both what has been said and what we may further argue from a virtue-focused perspective. I begin by comparing virtue ethics to the two other dominant approaches in normative ethics and then consider what some important virtue ethicists have said about abortion, especially Rosalind Hursthouse. After recognizing the many contributions her analysis offers, I also note some of the deficiencies in her approach, particularly in her (...) attempt to bracket the problems of fetal status and women’s rights. Finally, in light of these criticisms I attempt to extend a virtue ethics analysis to embrace a more robust recognition of the humanity of the fetus and the attendant demand of a near absolute prohibition on abortion. (shrink)

In a number of recent works, Nicholas Wolterstorff defends the claim that human rights inhere in the dignity of every human. He further contends that the explanation of this dignity cannot be found in the intrinsic features of humans; rather, the only plausible explanation for human dignity is that it is bestowed upon humans by God’s love. In this paper, I argue that Wolterstorff’s theory concerning the ground of human dignity falls prey to something quite similar to the classic Euthyphro (...) dilemma: either God must love every existing human in a dignity-bestowing manner or he need not, and either option is problematic. If the former, then whatever it is about humans that ensures God’s love can reasonably be thought to be the independent source of human dignity and/or rights, thereby leaving us without cause to appeal to God’s love for the explanation of this dignity. If the latter, the implication is that moral statements which appear to be necessarily true are only contingently so. Wolterstorff’s theory will thus require substantial modification, or else abandonment. (shrink)

Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the most (...) fundmental reason why laws that recognize marriage only if it is a union between one man and one woman are unjust. In this article I argue that the application of JL in support of legal recognition of SSM does not succeed because the issue under scrutiny—the nature of marriage—is deeply embedded in, and in most cases integral to, many (if not most) citizens’ reasonable comprehensive doctrines. Thus, I argue that because of the effects and consequences of the legal recognition of SSM, it results (or will result) in a violation of JL against dissenting citizens. (shrink)

This essay has two purposes. The first is to argue that our moral duties towards human embryos should be assessed in light of the Golden Rule by asking the normative question, “how would I want to be treated if I were an embryo?” Some reject the proposition “I was an embryo” on the basis that embryos should not be recognized as persons. This essay replies to five common arguments denying the personhood of human embryos: (1) that early human embryos lack (...) ontological individuation; (2) that they are members of the species Homo sapiens but not yet human persons; (3) that the argument for personhood commits the “heap argument” fallacy; (4) that since human procreation in nature is inefficient, human embryos cannot be persons; and (5) the “burning building” scenario proves that all arguments for personhood are irrational or inconsistent. The second purpose is to set forth and criticize in light of the normative judgement defended in part one the present legal situation of cryo-preserved embryos in the U.S. The essay ends by proposing legislative reforms to protect ex utero human embryos. (shrink)

Family, bioethics, and contemporary assertion of rights Família, bioética e reivindicação contemporânea de direitos The starting point of this article is a historical approach to the contemporary origins of the current right recognition movement in relation to the family. Also, through a philosophical-legal research into its essential features, the author proposes an interdisciplinary reflection on the links between such movement and a new anthropological and legal conception of family driven by a particular use of biotechnology. Some alternative critical proposals to (...) this way of thinking by authors from the legal, psychoanalytic and philosophical fields are also explored. Finally, the article concludes with a discussion on the need for broadening the philosophical and anthropological bases of the debate on the family in order to overcome the ideological bias of legal reforms underway. Para citar este artículo / to reference this article / para citar este artigo Hoevel C. Familia, bioética y reivindicación contemporánea de los derechos. pers. bioét. 2018; 22: 247-262. DOI: 10.5294/pebi.2018.22.2.4. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

“Incarnate reason” names, in Peter Dabrock's essay, both the task of utilizing natural reason in ethical and political discourse, and an answer to the ontological question about human persons, “What are we?” In this essay, I investigate the significance of this construal for questions about the metaphysical, moral, and political status of the human embryo.

Does the contemporary Natural Law position that only heterosexual couples are capable of marriage rest upon an “arbitrary and irrational distinction between same-sex couples and sterile heterosexual couples?” Anderson :759–775, 2013: 759). There are many who think so. In a recent article in these pages, Erik Anderson offers his case that these critics are correct. In what follows I examine Anderson’s argument and conclude that, whether or not one ultimately agrees with the New Natural Law account of marriage, the distinction (...) found there between same sex couples and sterile heterosexual couples is neither arbitrary nor irrational. (shrink)

In this article I argue that the fundamental axiological claim of the New Natural Law Theory, according to which human life has an intrinsically valuable, cannot be defended within the framework assumed by the New Natural Law Theory itself, and further, that such a claim turns out to be false relative to a wider eudaimonistic framework that the Natural Law theorist is committed to accept. I do this this by adopting a dialectical standpoint which excludes any assumptions that could be (...) de-nied by the New Natural Law theorist, except for the axiological claim, and show that the New Natural Law theorist cannot argue for the axiological claim’s plausibility, and moreover, that in such a setting the New Natural Law theorist is compelled to replace the axiological claim by the claim that human life is instrumentally valuable. (shrink)

Abortion is the central issue in the conscientious objection debate. In this article I demonstrate why this is so for two philosophical viewpoints prominent in American culture. One, represented by Patrick Lee and Robert P. George, holds that the fundamental moral value of being human can be found in bare life and the other, represented by Tom Beauchamp and James Childress, holds that this fundamental value is found in the life that can choose and determine itself. First, I articulate Lee (...) and George’s philosophical theory and demonstrate how the fundamental moral value of their theory, personhood, is represented in the issue of abortion. Second, I examine Beauchamp and Childress’ theoretical vision and demonstrate how their fundamental moral value, the right to autonomous self-determination, is represented in abortion. Third, I sketch the theoretical and practical dynamics of the conscientious objection debate as well as each author’s understanding of conscience. Fourth, I demonstrate how abortion, which represents their respective fundamental value, shapes each perspectives’ approach to the conscientious objection debate. I conclude that because each theory finds its fundamental value represented in the issue of abortion, each perspective is bound to engage the conscientious objection debate in a way that centers on the issue of abortion. (shrink)