In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a (...) person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking. (shrink)

The possibilities of non-invasive prenatal testing (NIPT) are expanding, and the use of NIPT for adult-onset conditions may become widely available in the near future. If parents use NIPT to test for these conditions, and the pregnancy is continued, they will have information about the child’s genetic predisposition from birth. In this paper, we argue that prospective parents should be able to access NIPT for an adult-onset condition, even when they have no intention to terminate the pregnancy. We begin by (...) outlining the arguments against testing in such a situation, which generally apply the same considerations that apply in the predictive testing of a minor to the fetus in utero. We then contend, firstly, that there are important practical considerations that support availability of testing for prospective parents regardless of their stated intentions. Secondly, we object to the ethical equation of a fetus in utero with a minor. We base our analysis on a view of pregnancy that conceptualises the fetus as a part of the gestational parent, as opposed to the more common ‘container’ model of pregnancy. We suggest that fetal information is best conceptualised as shared information between the gestational parent and future child. Thus, it should be approached in similar ways as other kinds of shared information (such as genetic information with implications for family members), where a person has a claim over their own information, but should be encouraged to consider the interests of other relevant parties. (shrink)

As little as a decade ago most moral philosophers still believed that the exercise of their craft did not include defending positions on actual moral problems. More recently they have come to their senses, one happy result being a spate of articles in the last few years on the subject of abortion. These discussions have contributed much toward an understanding of the abortion issue, but for the most part they have not attempted a full analysis of the morality of abortion. (...) Such an analysis is too large a task for a single paper, but a sketch of it will be undertaken here, the details to be filled in elsewhere. (shrink)

ABSTRACT In ‘The Pro‐Life Argument from Substantial Identity: A Defence’, Patrick Lee argues that the right to life is an essential property of those that possess it. On his view, the right arises from one's ‘basic’ or ‘natural’ capacity for higher mental functions: since human organisms have this capacity essentially, they have a right to life essentially. Lee criticises an alternative view, on which the right to life arises from one's ‘developed’ capacity for higher mental functions (or development of some (...) other accidental property). I argue that his criticisms of this alternative view are misguided or self‐defeating, and that there are good reasons to hold we have a right to life accidentally rather than essentially. (shrink)

Moral status is the moral value that something has in its own right, independently of the interests or concerns of others. Research using human embryonic stem cells implicates issues about moral status because the current method of extracting hESCs involves the destruction of a human embryo, the moral status of which is contested. Moral status issues can also arise, however, when hESCs are transplanted into embryonic or fetal animals, thereby creating human/ nonhuman stem cell chimeras. In particular, one concern about (...) chimera research is that it could confer upon an animal the moral status of a normal human adult, but then impermissibly fail to accord the animal the protections it merits in virtue of its enhanced status. Understanding the public policy implications of this ethical conclusion is complicated by the fact that certain views about the moral status of the embryo cannot legitimately be used to justify public policy decisions. Arguments like those employed in the abortion debate for the conclusion that abortion should be legally permissible even if abortion is not morally permissible also support, to a more limited degree, a liberal policy on hESC research involving the creation of chimeras. (shrink)

Do fetuses have a right to life in virtue of the fact that they are potential adult human beings? I take the claim that the fetus is a potential adult human being to come to this: if the fetus grows normally there will be an adult human animal that was once the fetus. Does this fact ground a claim to our care and protection? A great deal hangs on the answer to this question. The actual mental and physical capacities of (...) a human fetus are inferior to those of adult creatures generally thought to lack a serious right to life, and the mere fact that a fetus belongs to our species in particular seems morally irrelevant. Consequently, a strong fetal claim to protection rises or falls with the appeal to the fetus's potentiality, for nothing else can justify it. (shrink)

The debate concerning abortion abounds in miraculous narratives. Judith Jarvis Thomson has contrived the most celebrated set among related ones, to wit the “violinist analogy,” the “Good Samaritan” narrative, and the “Henry Fonda” allegory, by virtue of which, she intends, on the one hand, to argue that women’s right to autonomy outweighs the alleged fetus’s right to life, and on the other, to prove that no positive moral duties can be derived towards other persons alone from the fact that a (...) moral agent is ascribed certain rights. What this short paper endeavors to prove is that Thomson’s argumentation by analogy is a weak one, since neither the number nor the relevance of similarities invoked is adequate or satisfactory, while crucial parameters concerning the morality of abortion are being totally overlooked. (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)

New reproductive technology permits a distinction between two different aspects of abortion: (1) the (premature) emptying of the uterus (the expulsion of the fetus) and (2) causing the death of the fetus. The paper argues that the fetus has not right to occupancy of its mother's (or any other woman's) uterus, And that the mother (or anyone else) has not right to kill the fetus. Some implications of these claims are discussed.

This paper examines Robert Fogelin's suggestion that there may be deep disagreements, where no argument can address what is at issue. A number of possible bases for Fogelin's position are considered and rejected: people sometimes do not have enough in common for reasons to count as reasons; doubt is possible only against the background of framework propositions; key premises may be inarguable; argument must occur within a conceptual framework. The paper concludes by reflecting on why it is important to have (...) a point of view when thinking critically about an argument and whether that fact constitutes a limitation as to what can be achieved by critical thinking. (shrink)

ABSTRACT Abortion is a philosophically interesting issue because both sides seem so certain of their conclusions, yet the issue is at the same time clearly a derivative one. It is also highly political, and needs to be seen within the context of the growth of the women's movement. A philosophical overview of the issue in section 1 construes the central claims of the pro‐choice and anti‐abortion positions as moral and conceptual constructions, which extend everyday moral thinking into the area of (...) abortion. It notes the interesting relation between such constructions and other arguments about abortion, and how this is responsible for their social and historical specificity. Section 2 defends the pro‐choice position as a victory of moral sensitivity over linguistic guile. Section 3 situates the argument within the politics of feminism, and recognises the limited contribution which philosophy is able to make. (shrink)

Many controversies in bioethics turn on questions of moral status. Some moral status issues have received extensive bioethical attention, including those raised by abortion, embryo experimentation, and animal research. Beyond these established debates lie a less familiar set of moral status issues, many of which are tied to recent scientific breakthroughs. This review article surveys some key developments that raise moral status issues, including the development of in vitro brains, part-human animals, “synthetic” embryos, and artificial womb technologies. It introduces the (...) papers in this Special Issue, contextualises their contributions to the moral status literature, and highlights some enduring challenges of determining the moral status of novel types of beings. (shrink)

This paper is about two puzzles, or two versions of a single puzzle, which deserve to be called paradoxes, and develops some apparatus in terms of which the apparently conflicting principles which generate the puzzles can be rendered consistent. However, the apparatus itself is somewhat controversial: the puzzles are modal ones, and the resolution to be advocated requires the adoption of a counterpart theoretic semantics of essentially the kind proposed by David Lewis, which in turn requires qualified rejection of certain (...) modal theses about identity which are valid in S5. (shrink)

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did (...) it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)

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)

Moral dilemmas can arise from uncertainty, including uncertainty of the real values involved. One interesting example of this is that of experimentation on human embryos and foetuses, If these have a moral stauts similar to that of human persons then there will be server constraitns on what may be done to them. If embryous have a moral status similar to that of other small clusters of cells, then constraints will be motivated largely by consideration for the persons into whom the (...) embryos may develop. If the truth lies somewhere between these two extremes, the embryo having neither the full moral weight of persons, nor a completely negligible moral weight, then different kinds of constraints will be appropriate. On the face of it, in order to know what kinds of experiements, if any, we are morally justified in performing on embryos we have to know what the moral weight of the embryo is. But then an impasse threatens, for it seems implausible that we can settle with certainty the exact moral status of the human embryo. It is the purpose of this paper to show that moral uncertainty need not make rational moral justification impossible. I develop a framework which distinguishes between what is morally right/wrong, and what is morally justified/unjustified, and applies standard decision theoretic tools to the case of moral uncertainties. (This was the first published account of what has subsequently become known as Expected Moral Value Theory. An earlier version of the paper, "A decision theoretic argument against human embryo experimentation", was published in M. Fricke (ed.), Essays in honor of Bob Durrant. (University of Otago Press, 1986) 111-27.). (shrink)