Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...) of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

This thesis consists of a series of papers in population ethics: a subfield of normative ethics concerned with the distinctive issues that arise in cases where our actions can affect the identities or number of people of who ever exist. Each paper can be read independently of the others. In Chapter 1, I present a dilemma for Archimedean views in population axiology: roughly, those views on which adding enough good lives to a population can make that population better than any (...) other. In Chapter 2, I extend Gustaf Arrhenius’s famous impossibility theorems in population axiology into the domain of choices under risk. My risky impossibility theorems dispense with the assumption that welfare levels are finitely fine-grained, and so tell against lexical views in population axiology. In Chapter 3, I present objections to critical-level and critical-range views in population axiology. I then sketch out what I call the ‘Imprecise Exchange Rates View’ and argue that it is an attractive alternative. In Chapter 4, I address critical-level and critical-range views again. This time, I note that they are vulnerable to objections from biographical identity: identity between lives. I suggest that these objections give us reason to reject critical-level and critical-range views and embrace the Total View. In Chapter 5, I argue that objections of the same form – objections from personal identity – tell against person-affecting views in population ethics. In Chapter 6, I draw out some counterintuitive implications of two recent complaints-based theories of the procreation asymmetry. (shrink)

Thought experiments that concoct bizarre possible world modalities are standard fare in debates on personal identity. Appealing to intuitions raised by such evocations is often taken to settle differences between conflicting theoretical views that, albeit, have practical implications for ethical controversies of personal identity in health care. Employing thought experiments that way is inadequate, I argue, since personhood is intrinsically linked to constraining facts about the actual world. I defend a moderate modal skepticism according to which intuiting across conceptually incongruent (...) worlds constitutes ‘invalid intuitioninferences’—i.e., carrying over intuitions gathered from facts about possible worlds that are at odds with facts about the actual world, for the purpose of making claims about real-life persons and their identity, leads to conceptual incongruences. Such a methodological fallout precludes accurate, informative judgments about personal identity in the actual world, calling into question the adequacy of thought experimental considerations for potential real world applications in medical ethics. (shrink)

The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

When talking about personal identity in the context of medical ethics, ethicists tend to borrow haphazardly from different philosophical notions of personal identity, or to abjure these abstract metaphysical concerns as having nothing to do with practical questions in medical ethics. In fact, however, part of the moral authority for respecting a patient’s self-regarding decisions can only be made sense of if we make certain assumptions that are central to a particular, psychological picture of personal identity, namely, that patients will (...) remain psychologically connected to a certain degree with their future selves. I draw this out, show problems with approaches in medical ethics based on alternate theories of personal identity that do not recognise this, and explore some important implications. Namely, I show how this recognition can better explain the circumstances under which we should respect advance directives and why, and how it can better make sense of patient fears that they will not "survive" personality-altering deep brain stimulation procedures, and provide guidance on approaching patient decisions concerning this type of procedure in a manner that captures and addresses such concerns. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

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)

In this article, I examine the standard assumption that ethical disagreements on abortion and human embryonic stem cells research are grounded on metaphysical claims that underlie these ethical issues. Contrary to what some philosophers have claimed, I argue that, although the bioethical positions about the human embryo’s moral status are partly grounded on metaphysical claims, incorporating metaphysical arguments in the debates about the ethics of reproduction will not resolve this issue.

Given the deep disagreement surrounding population axiology, one should remain uncertain about which theory is best. However, this uncertainty need not leave one neutral about which acts are better or worse. We show that as the number of lives at stake grows, the Expected Moral Value approach to axiological uncertainty systematically pushes one towards choosing the option preferred by the Total and Critical Level views, even if one’s credence in those theories is low.

The aim of this investigation is to answer the question of why it is prima facie morally wrong to cause or contribute to the extinction of species. The first potential answer investigated in the book is that other species are instrumentally valuable for human beings. The results of this part of the investigation are that many species are instrumentally valuable for human beings but that not all species are equally valuable in all cases. The instrumental values of different species also (...) have to compete with other human values. Sometimes these other values probably outweigh the value of the continued existence of the species. In general the degree of uncertainty is very high and the precautionaty principle is recommended to deal with these uncertainties. We also found that we have a duty to consider the interests of future generations of human beings and that these duties, in general, speak in favour of preservation. Anthropocentric instrumentalism therefore provides us with rather strong reasons to consider many cases of human caused extinction as prima facie morally wrong. Even so, anthropocentric instrumentalism does not fully account for the moral intuition we set out to investigate. The next potential answer that is investigated in the book is that species have a moral standing in their own right. The result of this part of the investigation is that this idea is highly unlikely, in particular because species cannot have any interests to consider. Anotgher potential answer is that species have intrinsic value in some other meaning that does not imply moral standing. We concluded that it is possible to be subjectively valued as an end and that many species have properties that make them highly suitable for being valued as ends by human beings. Finally, we found that our contributions to the extinction of species in most cases frustrate the interests of many non-human sentient beings. This is true if the species in question is made up of sentient individuals, and it is also true when the species in question is made up of non-sentient individuals that have instrumental value for sentient individuals of other species. There are exceptions to this rule, but all in all it seems that the inclusion of non-human sentient individuals together with us humans as moral objects, in most cases, tip the scale drastically in favour of preservation. The main result of the investigation is that there is not one but several explanations to why it is prima facie morally wrong to contribute to the extinction of species – and all of them are about duties to respect the interests of individual sentient animals, including human beings. (shrink)

The book contains the first part of an investigation aimed at finding out why it is morally wrong to cause species to go extinct. That it is morally wrong seems to be a very basic and widely held intuition. It seems reasonable that a moral theory worth taking seriously ought to be able to account for that intuition. The most common attempt to answer our question is to refer to the instrumental value of the species for human beings – the (...) anthropocentric instrumental approach as I have chosen to call it. This is the answer that is discussed in this book. We have found many ways in which different species have instrumental value for human beings – both individually and as a part of ecosystems and of biodiversity in general. We could not guarantee however that this includes all species. In some cases, it also turned out that the instrumental value of the species in fact favours exploitation maybe even as far to the extinction of the species. We also noticed that there is no guarantee that the instrumental value of the species can always outweigh the competing values that we would gain by different encroachments that contribute to the extinction of the species. We found however that there are some special circumstances that help push the scale in the direction of preservation. I am thinking of some particular types of value such as choice value and transformation value – values that in general seem to favour preservation of species. This principle shows us that it would be rational from an anthropocentric instrumental vantage point to rule in favour of preservation in many of the cases where we are uncertain about the value of the species, about the best way of utilising the value, or about the connection between the species and other species or biodiversity in general. I am finally thinking of the moral principle that we have duties to consider the future interests of generations to come. We found that with a few exceptions it is justified to adopt such a principle. This in combination with the principles of precaution ought in general to urge us not to cause the extinction of species unless we have very trustworthy evidence that they will not turn out to be more valuable alive to future generations in comparison to what we can get from driving them to extinction. In relation to the discussion about the value of other species for human beings, it is worth noticing that all the arguments we have found in favour of preservation would be even stronger – and therefore account even better for the intuition that it is at least prima facie wrong to cause extinction – if we also accepted that other entities than human beings can have moral standing. Finally, we noticed that our moral intuitions strongly indicate that even in the cases where the instrumental value of other species for human beings talks in favour of preservation, there is still something lacking. Something we have to account for in order to totally account for our moral intuition against extinction. The conclusion will have to be that anthropocentric instrumentalism is in favour of preservation in many cases – probably in more cases than is generally acknowledged – but that it is not enough to give a complete account of the intuition that it is prima facie morally wrong to contribute to the extinction of species. We therefore have to continue our search for such an account. (shrink)

The question of responsibility to future generations is a distinctively modern ethical problem, which exposes the limits of many modern ethical frameworks. I argue for the theological importance of this ‘limit’, and of the question of responsibility to future generations, drawing on the ultimate/penultimate conceptuality of Dietrich Bonhoeffer’s Ethics. Responsibility to future generations calls for detailed attention to a given situation, in the light of its openness to a future not within our control; and action for the sake of future (...) generations requires a suspension of one’s own judgement on that action. Christian ethics can take responsibility to future generations seriously while (and indeed through) maintaining a critique of attempts to orient action towards an innerworldly future utopia. (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)

Recent debates over climate change policy have made it clear that the choice of a social discount rate has enormous consequences for the amount of mitigation that will be recommended. The social discount rate determines how future costs are to be compared to present costs. Philosophers, however, have been almost unanimous in endorsing the view that the only acceptable social rate of time preference is zero, a view that, taken literally, has either absurd or extremely radical implications. The first goal (...) of this paper is to show that the standard arguments against temporal preference are much less persuasive than they are usually taken to be. The second goal is to explore two different avenues of argument that could be adopted, in order to show that temporal discounting of welfare may be permissible. The first involves simply an application of the method of reflective equilibrium, while the second involves consideration of the way that our abstract moral commitments are institutionalized. (shrink)

Jeff McMahan appeals to what he calls the “Time-relative Interest Account of the Wrongness of Killing ” to explain the wrongness of killing individuals who are conscious but not autonomous. On this account, the wrongness of such killing depends on the victim’s interest in his or her future, and this interest, in turn, depends on two things: the goods that would have accrued to the victim in the future; and the strength of the prudential relations obtaining between the victim at (...) the time of the killing and at the times these goods would have accrued to him or her. More precisely, when assessing this interest, future goods should be discounted to reflect reductions in the strength of such relations. Against McMahan’s account I argue that it relies on an implausible “actualist” view of the moral importance of interests according to which satisfactions of future interests only have moral significance if they are satisfactions of actual interests. More precisely, I aim to show that the Time-relative Interest Account does not have the implications for the morality of killing that McMahan takes it to have, and implies, implausibly, that certain interest satisfactions which seem to be morally significant are morally insignificant because they are not satisfactions of actual interests. (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)

Given the deep disagreement surrounding population axiology, one should remain uncertain about which theory is best. However, this uncertainty need not leave one neutral about which acts are better or worse. We show that, as the number of lives at stake grows, the Expected Moral Value approach to axiological uncertainty systematically pushes one toward choosing the option preferred by the Total View and critical-level views, even if one’s credence in those theories is low.

The study attempts to determine whether or not human fetuses have moral status. Three broad categories of answers to the question were analyzed. The arguments developed by Michael Tooley in Abortion and Infanticide are assessed as representative of the liberal view. Those of L. W. Sumner in Abortion and Moral Theory stand as moderate claims and in the position defended by William May in "Abortion and Man's Moral Being" represents a conservative position. The work of other authors is drawn upon (...) to help analyze the central arguments and to provide alternate interpretations. Among these are Jane English, Judith Thomson, Christina Hoff Sommers, Ronald Green, Joseph Donceel, Lawrence Becker, and Gareth Matthews. ;Though each of the three principal authors is found to present potentially forceful arguments, none of them is thought to provide a fully convincing account of the moral status of fetuses. Important difficulties stem from the use of particular theories of rights and from inadequate treatment of the concept of potentiality. ;The study arrives at two conclusions. The first is that arguments for or against the moral status of fetuses are grounded in more basic, conflicting moral theories about rights or moral behavior. Thus the question of the moral status of fetuses is not likely to receive a universally acceptable answer before moral philosophers come to agreement on basic moral principles. ;The second is that the discussions above have nonetheless yielded two important considerations which together form the basis of a tenable position on the moral status of fetuses. I suggest that an argument can be developed from two claims. One is a conservative claim that an embryo or fetus is the same entity as a later human being. The other is a moral principle discussed by Michael Tooley, viz. that where an entity will at some time in its life have rights, it is wrong to affect it so that the entity will be incapable of exercising those rights when the time comes. The argument supports the conclusion that, from the period of the embryo on, there is an entity that merits our moral consideration. (shrink)

ABSTRACT Recent developments allow for the creation of human stem cells without the creation of human embryos, a process called alternate nuclear transfer (‘ANT’). Pursuing this method of stem cell research makes sense for pro‐lifers if arguments for the sanctity of the human embryo do not apply to ANT. However, the technology that makes ANT possible undermines the erstwhile technical barrier between human embryos and somatic cell DNA. These advances bring home the force of hypothetical arguments about the potential of (...) the DNA in somatic cells, showing that there is not a morally relevant difference between the potential of an embryo and the potential of the DNA in a somatic cell. Therefore, the supposed distinction between entities that are potential human life and entities that are human life does not give any support to arguments for the sanctity of the human embryo because those arguments extend value to too many entities. (shrink)

Doctors have been placed in an anomalous position by abortion laws which sanction the termination of a fetus while in a woman's womb, yet call it murder when a physician attempts to end the life of a fetus which has somehow survived such a procedure. This predicament, the doctors' dilemma, can be resolved by adopting a strategy which posits the right to ownership of one's own body for human beings. Such an approach will generate a consistent policy prescription, one that (...) sanctions the right of all pregnant women to abortions, yet grants the fetus, after it becomes viable as a potentially independent person, a right to its own body. The doctors' dilemma is surmounted, then, by requiring that abortions of viable fetuses be performed in a manner that will produce a live delivery. Hence, infanticide and termination of viable fetuses are proscribed. (shrink)

The reversal of Roe v. Wade by the U.S. Supreme Court allowed the states to regulate terminations of pregnancy more autonomously than during 1973–2022. Those who think that women should be legally entitled to abortions at their own request are suggesting that annulling the reversal could be an option. This would mean continued reliance on the interpretation of privacy that Roe v. Wade stood on. The interpretation does not have the moral support that its supporters think. This can be shown (...) by recalling the shortcomings of Judith Jarvis Thomson’s famous violinist example and its application to abortion laws. Philosophically better reasons for not restricting access to abortion can be found in a simple principle of fairness and in sensible theories on the value of human life. Whether or not philosophy has any use in the debate is another matter. Legal decisions to regulate terminations are probably based on pronatalist state interests, shared by the apparently disagreeing parties and immune to rational argumentation. (shrink)