In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...) on a nonliable person. In the final part of the paper, I provide a second, independent, argument in support of the proposition that there are agent-relative permissions to foreseeably harm or kill nonliable people under certain conditions. (shrink)

Analogies are the stuff out of which normative moral philosophy is made. Certainly one of the most famous analogies constructed by a philosopher in order to argue for a specific controversial moral conclusion is the one involving Judith Thomson's unconscious violinist. Reflection upon this analogy is meant to show us that abortion is generally not immoral even if the prenatal have the same moral status as the postnatal. This was and still is a controversial conclusion, and yet the analogy does (...) seem to reveal in a very vivid way what makes abortion a reasonable response to a terrible situation. But Thomson's example has frequently been attacked on all sides for not being truly analogous to abortion. Here I develop a brand new analogy that sheds light on the issue with which Thomson was concerned, while at the same time avoiding most of the more serious objections made to her analogy. (shrink)

abstract David Boonin, in his A Defense of Abortion, argues that abortions that involve killing the foetus are morally permissible, even if granting for the sake of argument that the foetus has a right to life. His primary argument is an argument by analogy to a 'trolley case'. I offer two lines of counterargument to his argument by analogy. First, I argue that Boonin's analogy between his trolley case and a normal unwanted pregnancy does not hold. I revise his trolley (...) case in light of my objections. Second, I argue that Boonin's arguments for the permissibility of killing, when applied to this revised trolley case — and by extension, typical unwanted pregnancies — do not succeed in justifying killing. (shrink)

The ‘Responsibility Objection’ to Judith Thomson's famous argument for the permissibility of abortion challenges the relevance of her ‘Violinist Analogy’ to certain types of voluntary unwanted pregnancy, on the grounds that those pregnancies, even though they may be unwanted, are pregnancies for which the woman can be plausibly held responsible. This article considers the force of a number of recent objections to the Responsibility Objection, advanced by Harry Silverstein, David Boonin, and Jeff McMahan, and judges them to be unpersuasive. It (...) is concluded that, in the absence of further considerations, the Responsibility Objection carries force. (shrink)

In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...) citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life.” It seems fair to say that this was not the best choice of example and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. (shrink)

This paper argues that the central issue in the abortion debate has not changed since 1967 when the English parliament enacted the Abortion Act. That central issue concerns the moral status of the human fetus. The debate here is not, it is argued, primarily a moral debate, but rather a metaphysical debate and/or a theological debate—though one with massive moral implications. It concerns the nature and attributes that an entity requires to have “full moral standing” or “moral inviolability” including a (...) “right to life”. It concerns the question when, in its development from newly fertilised ovum to unequivocally mature, autonomous morally inviolable person does a human being acquire that nature and those attributes, and thus a “right to life”. The paper briefly reviews standard answers to these questions, outlining some problems associated with each. Finally there is a brief discussion of one way in which the abortion debate has changed since 1967—notably in the increasingly vociferous claim, especially from disability rights sectors, that abortion on grounds of fetal abnormality implies contempt for and rejection of disabled people—a claim that is rebutted. (shrink)

Two different discussions in John Rawls' A Theory of Justice lead naturally to a rather conservative position on the moral status of the human embryo. When discussing paternalism, he claims that the parties in the original position would seek to protect themselves in case they end up as incapacitated or undeveloped human beings when the veil of ignorance is lifted. Since human embryos are examples of such beings, the parties in the original position would seek to protect themselves from their (...) embryonic stages onward. When discussing the basis of equality, Rawls claims that the parties in the original position would guarantee basic rights for all those with the capacity to take part in this original position. To guarantee the basic rights of infants and young children, he goes on to interpret this capacity as a "potentiality that is ordinarily realized in due course." Since human embryos have this potentiality, they too should have basic rights. (shrink)