This article focuses on a resonant debate initiated by the publication of Judith Jarvis Thomson’s groundbreaking article “On Defense of Abortion” in 1971. It is my contention that philosophers who argued against Thomson based on what has come to be called the “Responsibility Objection” did not fully examine the gender assumptions embedded in their logic. Rather than attempt to prove the flaw in the Responsibility Objection directly, I demonstrate it by applying the same logic used to discuss women’s responsibilities to (...) men to prove that it also supports forcing men to get a vasectomy. What I show is that the Responsibility Objection, when no longer clothed in a set of gendered assumptions, is not logically convincing. Further, given that the Responsibility Objection supports the logic the U.S. Supreme Court recently relied on in Dobbs vs. Jackson Women’s Health in overruling Roe vs. Wade, the examination of the flaws in this logic is timely and important. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

Lange argues that the gestationalist approach to moral parenthood fails due to its implausible reliance on a ‘valuable intimate personal relationship between newborn and gestational procreator’ at birth.1 However, his dismissal of the moral significance of the maternal–fetal connection depends largely on inappropriate analogies to other forms of relationship. Further, Lange targets a very specific framing of the gestationalist view, overlooking the significance that many gestationalist accounts grant to maternal interests and experiences. Finally—perhaps due to this asymmetric focus—the version of (...) the Harm Argument with which he engages also fails to recognise as morally significant the harm of forced separation for parents (and especially gestational mothers). When investigating the purported value of the maternal–newborn relationship, Lange argues (plausibly) that the newborn’s experiences are so limited as to cast doubt on the non-instrumental value of this relationship for the newborn, and on the likelihood of harm to the newborn as a result of the interruption of this relationship. However, Lange grants little significance to the gestational mother’s experience of this relationship or her affect towards the fetus/newborn. He does not engage with literature on the epistemically transformative experience of pregnancy,2 nor, strikingly, does he discuss the possible significance of maternal love at birth. In fact, his paper mentions …. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence (AI) system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with (...) the particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

A relational, feminist ethics of pregnancy sees the fetus as valuable both relationally and biologically, rather than minimized or ignored. Women are always at the center of ethical concern. To avoid gender-based discrimination, women’s bodily integrity, consent (to pregnancy), and physical “nestedness” (containment of the fetus within a person’s body) must be considered primary ethical concerns. This relational approach accounts for the significance of pregnancy and the grief of pregnancy loss while concurrently providing an ethical justification for abortion. This refined (...) framework has significant benefits because it can address a spectrum of ethical issues that arise around pregnancy. (shrink)

Journal of Social Philosophy, Volume 53, Issue 3, Page 296-316, Fall 2022.

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)

Inflicting harm is generally preferable to inflicting death. If you must choose between the two, you should generally choose to harm. But prenatal harm seems different. If a mother must choose between harming her fetus or aborting it, she may choose either, at least in many cases. So it seems that prenatal harm is particularly objectionable, sometimes on a par with death. This paper offers an explanation of why prenatal harm seems particularly objectionable by drawing an analogy to the all-or-nothing (...) problem. It then argues that this analogy offers independent support for the ‘voluntarist’ view that at least some parental role obligations are grounded in the choice to be a parent. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with the (...) particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

We must reconceive the ethical relationship between mothers and their newborn babies. The intertwinement of mother and baby does not disappear with birth but rather persists in the form of postpartum maternal tethering. Drawing upon three years of ethnographic fieldwork and training in the United States and China, I argue that dependencies associated with postpartum maternal tethering make it extremely difficult for postpartum mothers to act autonomously, even in the relational sense. Breaching this tether opens up new possibilities for thinking (...) about the bioethics of vulnerability, dependency, and care by denaturalizing and desanctifying the mother-baby relationship and diversifying newborn care. (shrink)

Fetal reduction is the practice of reducing the number of fetuses in a multiple pregnancy, such as quadruplets, to a twin or singleton pregnancy. Use of assisted reproductive technologies increases the likelihood of multiple pregnancies, and many fetal reductions are done after in vitro fertilisation and embryo transfer, either because of social or health-related reasons. In this paper, I apply Joe Horton’s all or nothing problem to the ethics of fetal reduction in the case of a twin pregnancy. I argue (...) that in the case of a twin pregnancy, there are two intuitively plausible claims: abortion is morally permissible, and it is morally wrong to abort just one of the fetuses. But since we should choose morally permissible acts rather than impermissible ones, the two claims lead to another highly implausible claim: the woman ought to abort both fetuses rather than only one. Yet, this does not seem right. A plausible moral theory cannot advocate such a pro-death view. Or can it? I suggest ways to solve this problem and draw implications for each solution. There are no data in this work. (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)

There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...) typical way of making such exceptions is incoherent, this shows why the anti-abortion movement is dangerous: as these incoherencies are acknowledged, this may lead to ever stricter measures being put in place. I end by suggesting that those who are sympathetic to these exceptions should find it easier to move to a pro-choice position rather than to a more extreme, exceptionless one. (shrink)

In this paper, I argue that men should take primary responsibility for protecting against pregnancy. Male long-acting reversible contraceptives are currently in development, and, once approved, should be used as the standard method for avoiding pregnancy. Since women assume the risk of pregnancy when they engage in penis-in-vagina sex, men should do their utmost to ensure that their ejaculations are responsible, otherwise women shoulder a double burden of pregnancy risk plus contraceptive responsibility. Changing the expectations regarding responsibility for contraception would (...) render penis-in-vagina sex more equitable, and could lead to a shift in the discourse around abortion access. I describe the sex asymmetries of contraceptive responsibility and of pregnancy-related risk, and offer arguments in favour of men taking primary responsibility for contraception. My arguments centre on: analogies between contraception and vaccination, and unwanted pregnancy and disease; a veil-of-ignorance approach, in which I contend that if a person were not told their sex, they would find a society in which men were expected to acquire and use effective contraceptives the fairest arrangement for everyone. (shrink)

Is the mammalian embryo/fetus a part of the organism that gestates it? According to the containment view, the fetus is not a part of, but merely contained within or surrounded by, the gestating organism. According to the parthood view, the fetus is a part of the gestating organism. This paper proceeds in two stages. First, I argue that the containment view is the received view; that it is generally assumed without good reason; and that it needs substantial support if it (...) is to be taken seriously. Second, I argue that the parthood view derives considerable support from a range of biological and physiological considerations. I tentatively conclude in favour of the parthood view, and end by identifying some of the interesting questions it raises. (shrink)

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...) the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

Our contention is that all of the major arguments for abortion are also arguments for permitting infanticide. One cannot distinguish the fetus from the infant in terms of a morally significant intrinsic property, nor are they morally discernible in terms of standing in different relationships to others. The logic of our position is that if such arguments justify abortion, then they also justify infanticide. If we are right that infanticide is not justified, then such arguments will fail to justify abortion. (...) We respond to those philosophers who accept infanticide by putting forth a novel account of how the mindless can be wronged which serves to distinguish morally significant potential from morally irrelevant potential. This allows our account to avoid the standard objection that many entities possess a potential for personhood which we are intuitively under no obligation to further or protect. (shrink)

Many philosophers believe that the relationship between a parent and a child is objectively valuable, but few believe that there is any objective value in first creating a child in order to parent her. But if it is indeed true that all of the objective value of procreative-parenting comes from parenting, then it is hard to see how procreative-parenting can overcome two particularly pressing philosophical challenges. A first challenge is to show that it is morally permissible for prospective parents to (...) procreate given that adoption takes us much closer to both environmental and social justice. A second challenge is to show that it is morally permissible for biological parents to parent their biological child given that other prospective parents are willing and able to do a much better job at furthering the child's interests. In this essay, I argue that there is value in procreative-parenting, and that this value is of sufficient magnitude so as to block both the case against procreation and the case in favour of child re-distribution. (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)

It is widely assumed that people have a moral right to procreate. This article explores recent arguments in opposition to procreation in some or all contexts. Some such views are concerned with the risks and harms of life that procreation imposes on non-consenting children. Others articulate concerns for third parties – the environmental damage or opportunity costs that procreation poses to already existing people. The article then surveys arguments that favor procreation despite the risks to the children created and third (...) parties. The best argument for procreation is based on the significant interest people have in forming the parent–child relationship. An important under-discussed middle ground is suggested – one that avoids the criticisms of the anti-natalist while fulfilling the best aims of procreation – viz. adoption. The duty to adopt is summarized and objections to it considered. Thoughtful people who deeply desire to become parents but do not wish to participate in the range of potential procreative harms should consider adoption as a first choice. (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)

En este artículo presento una clasificación de las teorías éticas acerca del aborto provocado. En esa clasificación utilizo dos criterios que, aunque inseparables, se pueden tratar relativamente disociados uno del otro. En primer lugar, presento las teorías ordenadas según el estatuto ontológico y ético que otorgan a los gametos, cigotos, preembriones, embriones, fetos y neonatos, y discuto las teorías basadas en la idea de potencialidad. En segundo lugar, me refiero a las teorías centradas en la libertad de la madre. En (...) las consideraciones finales reconozco explícitamente el partidismo de la teoría de teorías propuesta. (shrink)

Robinson offers the ‘superior personhood’ approach (SPA) to capture the value of gestation and ground justice for women/gestators.1 SPA holds that women/gestators are more than mere persons given the reality of pregnancy and the vital role women/gestators play in reproduction.1 In this commentary, I speak to some background context perhaps relevant to SPA, lay out areas of agreement with Robinson and then raise four worries about the approach. In my view, the devaluing of gestation and injustice for women/gestators need rectifying, (...) but SPA is not the way. It is difficult not to read Robinson’s piece through the lens of 2022’s Dobbs v. Jackson decision and the politics of abortion, with its focus on fetal status. This background offers a certain kind of sympathetic strategic/rhetorical reading of the motivation for SPA—one to which I found students and others with whom I discussed the piece quite open. Perhaps the goal here is to offer an ingenious defence of abortion rights: if women/gestators are more than one person, then the immorality of abortion cannot be easily grounded in claims about fetal personhood.2 However, Robinson downplays abortion, affirming only ‘my approach could support a wide range of positions on abortion’. This is curious. Is SPA compatible with significant restrictions on abortion? Assuming a realistic political context, this would involve mere persons (men/non-gestators) legislating how superior persons can …. (shrink)

Much of the work in moral philosophy and the political debate on abortion has focused on when in human development personhood begins. In this article, using a variant of Derek Parfit’s view on personal identity, I instead frame the question as one of victimhood. I argue for what I call the Victim Requirement for the wrongness of killing–killing is wrong only if there is an identifiable victim. An identifiable victim is, temporally speaking, in the midst of a chain of psychological (...) connections in the sense of “Relation R.” I go on to argue for a version of psychological identity which makes consciousness a necessary condition of rational self-interest and numerical identity across time. The implications for the abortion debate, based upon the best neurological evidence, are that abortion cannot be wrong before at least 22 weeks of pregnancy and perhaps significantly later. I then respond to alternatives to my Victim Requirement and argue that they either fail on their own merits or are deeply problematic. Finally, I discuss the role of autonomy and consent in a world where fetal consciousness develops much earlier. (shrink)

Among feminist philosophers, there are two lines of argument that sexist values are illegitimate in science, focusing on epistemic or ethical problems. This article supports a third framework, elucidating how value-laden science can enable epistemic oppression. My analysis demonstrates how purported knowledge laden with sexist values can compromise epistemic autonomy and contribute to paternalism and misogyny. I exemplify these epistemic wrongs with a case study of the morning-after pill during its 2006 switch to over-the-counter availability and its new drug label (...) from the US Food and Drug Administration that it “may prevent implantation.” Antiabortion science advisers created this label to protect zygotes based on debated value judgments that were later concealed. This zygote-centric knowledge enabled them to shape potential users by instructing “good mothers” that they ought to protect zygotes and punishing “bad mothers” by refusing their requests for the drug. Therefore, I argue that the sexist values and gender norms of antiabortionists that prioritize zygotic health are illegitimate in this context because they cause epistemic injustices and perpetuate epistemic oppression. Furthermore, I advocate against blanket protections for the “right to conscience” and “religious freedom” of healthcare providers because they reinforce the epistemic oppression of women, especially those on the margins.Content Warning: This article discusses sexual assault and refusals to provide contraception to patients, including survivors. (shrink)

The self-defense argument maintains that, even if a fetus is a person, abortion on demand is morally permissible on the grounds that the fetus is using his mother’s body in an intimate way, and, in an unwanted pregnancy, without her ongoing consent. According to the argument, this sort of use justifies lethal self-defense on the part of the mother against her unwanted fetus. I produce a counterexample to one of the premises of this argument and show that it cannot be (...) successfully revised. I further show the underlying commitments of the self-defense argument lead to the absurd conclusion that a woman who has consensual sex that results in pregnancy thereby violates the fetus’ right to bodily autonomy and so such an act would be morally impermissible. We thereby have good reason to abandon the argument. (shrink)

The US Food and Drug Administration (FDA) is fraught with controversies over the role of values and politics in regulatory science, especially with drugs in the realm of reproductive health. Philosophers and science studies scholars have investigated the ways in which social context shapes medical knowledge through value judgments, and feminist scholars and activists have criticized sexism and injustice in reproductive medicine. Nonetheless, there has been no systematic study of values and gender norms in FDA drug regulation. I focus on (...) three questions about values in regulatory science. First, how have societal values and gender norms shaped the way that the FDA regulates drugs in the realm of reproductive health, specifically with drug labels? Second, what are the ethical, epistemic, and social consequences of these influences on regulation for women and other marginalized groups? Third, which societal values and gender norms ought to influence drug regulation about reproductive health, and how ought this happen? Integrating philosophical analysis with historical archival research and in-depth interviews, I conduct three case studies of drug labeling about reproductive health: (1) the “drug fact” about the mechanism of the morning-after pill; (2) the package inserts for patients about the health risks of oral contraceptives; and (3) the special physician labels made for prescribing drugs to pregnant women. I identify three challenges for the FDA and suggest ways to reduce the influence of sexist values and facilitate feminist alternatives. First, across these cases, I have found that there are many ways in which other concerns in reproductive medicine (such as zygotic life, fetal health, and population control) have devalued women’s health. Second, both knowledge and ignorance xvi about their reproductive health have contributed to women’s oppression, especially poor women and women of color. Finally, by avoiding the epistemic dimensions of ethics, powerful, mostly male parties in medicine (such as doctors, pharmaceutical companies, and religious institutions) have misused “informed consent,” “religious freedom,” and “paternalism” for unethical purposes. For improvement, I suggest extracting sexist values and gender norms from regulatory science that cause epistemic injustices, and I point to success stories for reforming sexism with feminism at the FDA. (shrink)

A dominant trend in the philosophical literature on abortion has been concerned with the question of whether the fetus has moral status and how such a status might or might not conflict with women's liberties. However, a new and powerful trend against abortion requires philosophical examination. We refer to this trend as the paternalistic argument. In a nutshell, this argument holds that, insofar as motherhood is a constitutive end of women's well-being, abortion harms women; thus, abortion is wrong and should (...) be prohibited, restricted, or avoided when possible regardless of the moral status of the fetus. In this article we undertake three tasks. First, we analyze four variations of this reasoning: what we call the Kantian PA, the Aristotelian PA, the Catholic Church PA, and the Psychological PA. Second, we show how some public policies that regulate or prohibit abortion around the world are now in fact following paternalistic justifications and imposing distinctive paternalistic restrictions ; we refer to these policies as “the new abortion laws.” Finally, we argue that both the four paternalistic arguments presented and the new abortion laws are at times ill-intentioned, comprehensive in nature and thus unsuited for guiding public policy, empirically flawed, or else unjustified. (shrink)

From the standpoint of a Christian philosopher, heeding the teaching and exhortations of Pope John Paul II and previous popes, I examine three directions in which the recent philosophical debate has developed. In the last seven or eight years there has been 1) a renewed focus on the biological issue of when a human individual comes to be, 2) new arguments for the proposition that personhood is a characteristic acquired after birth, and 3) refinements of the early argument of Judith (...) Thomson. Replying to these developments, I defend, on philosophical grounds, the pro-life position. I argue that a distinct, whole (though immature) human individual comes to be at conception, that he or she is a person, with full moral worth, from the moment he or she comes to be, and the mothers and fathers have a special responsibility to their children which entails (at least) that they ought not to choose to abort them. I conclude by briefly indicating, from the standpoint of Christian faith, why Christian philosophers should vigorously pursue this debate. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

This collection of new essays examines philosophical issues at the intersection of feminism and autonomy studies. Are autonomy and independence useful goals for women and subordinate persons? Is autonomy possible in contexts of social subordination? Is the pursuit of desires that issue from patriarchal norms consistent with autonomous agency? How do emotions and caring relate to autonomous deliberation? Contributors to this collection answer these questions and others, advancing central debates in autonomy theory by examining basic components, normative commitments, and applications (...) of conceptions of autonomy. Several chapters look at the conditions necessary for autonomous agency and at the role that values and norms -- such as independence, equality, inclusivity, self-respect, care and femininity -- play in feminist theories of autonomy. Whereas some contributing authors focus on dimensions of autonomy that are internal to the mind -- such as deliberative reflection, desires, cares, emotions, self-identities and feelings of self-worth -- several authors address social conditions and practices that support or stifle autonomous agency, often answering questions of practical import. These include such questions as: What type of gender socialization best supports autonomous agency and feminist goals? When does adapting to severely oppressive circumstances, such as those in human trafficking, turn into a loss of autonomy? How are ideals of autonomy affected by capitalism? and How do conceptions of autonomy inform issues in bioethics, such as end-of-life decisions, or rights to bodily self-determination? (shrink)

When surgery is performed on pregnant women forthe sake of the fetus (MFS or maternal fetalsurgery), it is often discussed in terms of thefetus alone. This usage exemplifies whatphilosophers call the fallacy of abstraction: considering a concept as if it were separablefrom another concept whose meaning isessentially related to it. In light of theirpotential separability, research on pregnantwomen raises the possibility of conflictsbetween the interests of the woman and those ofthe fetus. Such research should meet therequirement of equipoise, i.e., a (...) state ofgenuine uncertainty about the risks andbenefits of alternative interventions ornoninterventions. While illustrating thefallacy of abstraction in discussions of MFS,we review the rationale for explicitacknowledgment of the essential tie betweenfetus and pregnant woman. Next we examinewhether it is possible to meet the requirementof equipoise in research on MFS, focusing on afetal condition called myelomeningocele. Weshow how issues related to equipoise innonpregnant populations appear also in debatesregarding MFS. We also examine evidence insupport of claims that the requirement ofequipoise has been satisfied with respect to``the fetal patient'' while considering risks andbenefits to gestating women only marginally ornot at all. After delineating challenges andpossibilities for equipoise in MFS research, weconclude with a suggestion for avoiding thefallacy of abstraction and achieving equipoiseso that research on MFS may be ethicallyconducted. (shrink)

In professional settings, people often have diverse and competing conceptions of responsibility and of when it is fair to hold someone responsible. This may lead to undesirable gaps in the distribution of responsibilities. In this paper, a procedural model is developed for alleviating the tension between diverging responsibility conceptions. The model is based on the Rawlsian approach of wide reflective equilibrium and overlapping consensus. The model is applied to a technological project, which concerned the development of an in-house monitoring system (...) based on ambient technology. The development of this innovative technology raised questions among the technological researchers about its social acceptance and the way issues related to privacy and security should be addressed. The case is analyzed in terms of two procedural norms (reflective learning and inclusiveness), which are based on literature on policy and innovation networks. Analysis of the case shows that, in a pluralist setting, a procedural approach can be useful for encouraging discussion on the legitimacy of different responsibility conceptions and the question what a fair responsibility distribution amounts to. (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)

In his paper, ‘Twin pregnancy, fetal reduction and the ‘all or nothing problem’, Räsänen sets out to apply Horton’s ‘all or nothing’ problem to the ethics of multifetal pregnancy reduction from a twin to a singleton pregnancy. Horton’s problem involves the following scenario: imagine that two children are about to be crushed by a collapsing building. An observer would have three options: do nothing, save one child by allowing their arms to be crushed, or save both by allowing their arms (...) to be crushed. Horton offers two intuitively plausible claims: it is morally permissible not to save either child and it is morally impermissible to save only one of the children, which taken together lead to the problematic conclusion that if an observer does not save both children, then it is better to save neither than save only one. Räsänen applies this problem to the case of 2-to-1 MFPR, arguing ultimately that, in cases where there is no medical reason to reduce, the woman ought to bring both fetuses to term. We will argue that Räsänen does not provide adequate support for the claim, crucial to his argument, that aborting only one of the fetuses in a twin pregnancy is wrong, so the ‘all or nothing’ problem does not arise in this context. Furthermore, we argue that the scenario Räsänen presents is highly unrealistic because of the clinical realities of 2-to-1 MFPR, making his argument of limited use for real-life decision making in this area. (shrink)

Around the world, millions of children are in need of parental care. In response to this global crisis, some philosophers defend a moral duty for prospective parents to adopt children rather than procreate. Challenges to the duty focus almost exclusively on parents’ desires to have biological children. However, reasons deriving primarily from one’s membership in a social group that favour procreation over adoption or oppose transracial adoptions are largely overlooked. In this dissertation, I examine whether group-based reasons could justifiably override (...) a duty to adopt for prospective parents who are members of racially oppressed groups. I ultimately argue that group-based interests cannot outweigh the needs of existing children for parental care, and thus provide further support for the duty to adopt. My thesis is divided into four chapters. In Chapter 1, I introduce a duty to adopt and argue that it is resilient against a series of proposed defeating conditions and foundational challenges. In Chapter 2, I develop three group-based reasons in favour of procreation that challenge the duty: reparative justice, racial solidarity, and cultural preservation. In Chapter 3, I argue that these reasons do not definitively support procreation over adoption and, instead, seem to favour adopting children either within or outside one’s racial group. I then identify remaining challenges to the duty that take issue with transracial adoptions and place a high value on children’s belonging in same-race families or in their communities of origin. In Chapter 4, I argue that the needs of individual children to receive timely parental care should not be compromised by groups’ interests and that children’s relationships with their communities of origin can be maintained in transracial or extra-communal adoptive placements. (shrink)

Neonatal intensive care units represent simultaneously one of the great success stories of modern medicine, and one of its most controversial developments. One particularly controversial issue is the resuscitation of extremely preterm infants. Physicians in the United States generally accept that they are required to resuscitate infants born as early as 25 weeks and that it is permissible to resuscitate as early as 22 weeks. In this article, I question the moral pressure to resuscitate by criticizing the idea that resuscitation (...) in this context “saves” a human life. Our radical medical advancements have allowed us to intervene in the life of a human before it makes sense to say that such an intervention “saves” someone; rather, what the physician does in resuscitating and treating an extremely preterm infant is to take over creating it. This matters, I argue, because “rescues” are much more morally urgent than “creations.”. (shrink)

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)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (shrink)

Each of the 13 articles in this collection wrestles with intricate metaphysical and moral aspects of the widespread belief that a thing’s potential—what it could, would, might, or will be, but isn’t yet—matters for how we should treat that thing. As John Lizza explains in his lucid introduction, the articles are grouped into three parts according to their aims and theoretical constraints. In this review, I briefly summarize and offer some critical discussion of each part.

We emerge from certain activities with an altered sense of self. Whether returning from a warzone or from an experience as common as caring for an aging parent, one might remark, “I’m not the same person I was.” I argue that such transformations are relevant to debates about what morality requires of us. To undergo an alteration in one’s self is to make a special kind of sacrifice, a sacrifice of self. Since projects can be more or less morally obligatory (...) to the extent that they require more or less sacrifice, we must incorporate these unique sacrifices into any accounting of the contours and limits of moral obligation. But sacrifices of self pose a special difficulty for any such accounting, precisely because of their transformative nature. Unlike most other sacrifices, they cannot be analyzed entirely in terms of wellbeing. Using real-world case studies and examples, I argue for the existence of two types of sacrifice of self, involving changes in identity and moral agency. I argue that sacrifices of self require particular attention because they may be extra difficult to compare with other costs and with moral gains. (shrink)

This is a reflection on the visual installation piece, Hanging On, produced collaboratively for the Feminist Legal Studies ‘At the Kitchen Table’ zine in 2016. The author and co-artist considers the research that informed and helped conceptually drive the aesthetics of the piece, including academic research on abortion within literary aesthetics. How these concepts ‘translated’ into hands-on artistic practice and physical materials is discussed, including the difficulties and knowledge gained from the process. The author finally considers the benefits of such (...) interdisciplinary, aesthetic encounters within contemporary feminist knowledge production. (shrink)

Many first-time mothers (primiparous) within UK National Health Service (NHS) settings require an obstetric intervention to deliver their babies safely. While the antepartum period allows time for conversations about consent for planned interventions, such as elective caesarean section, current practice is that, in emergencies, consent is addressed in the moments before the intervention takes place. This paper explores whether there are limitations on the validity of consent offered in time-pressured and emotionally charged circumstances, specifically concerning emergency obstetric interventions. Using the (...) legal framework of the Mental Capacity Act,Montgomery v. Lanarkshire Health Board(2015) andMcCulloch v Forth Valley Health Board(2023), we argue that while women have the capacity to consent during labour, their autonomy is best supported by providing more information about instrumental delivery (ID) during the antepartum period. This conclusion is supported by some national guidelines, including those developed by the Royal College of Obstetricians and Gynaecologists, but not all. Further, we examine the extent to which these principles are upheld in modern-day practice. Data suggest there is relatively little antepartum information provision regarding ID within NHS settings, and that primiparous women do not report a thorough understanding of ID before labour. Based on these results, and bearing in mind the pressures under which NHS obstetric services currently operate, we recommend further research into patient and clinician perceptions of the consent process for ID. Pending these results, we discuss possible modes of information delivery in future practice. (shrink)

I consider how a feminist account might address the practice of surrogacy in Japan, both domestically and in the transnational context. Japanese culture emphasizes traditional values, family heritage, and the value of reproduction. Japan offers an interesting case study, since surrogacy is currently under review, and the government is in the process of determining its stance on the practice. I will advocate for legal changes to how surrogacy is treated, suggesting that Japan should eliminate the koseki, or the Family Registration (...) Act, which stipulates that only birth parents may register children as their natural children. A principle of respect for women should be explicitly adopted in setting regulations or guidelines surrounding this practice; additionally, attempts should be made to address citizens’ reproductive needs domestically, thus reducing the global demand for these arrangements. (shrink)