Questions concerning the moral and appropriate legal status of abortion are among the most important issues in applied ethics, and answering those questions involves addressing some intellectually very difficult issues. First, many alternatives exist concerning what nonpotential properties suffice to give something moral status. These include (a) having the capacity for thought, (b) having the capacity for rational thought, (c) possessing self-consciousness, (d) being a continuing subject of mental states, (e) being a subject of nonmomentary interests, (f) being (...) an agent, (g) being a moral agent, (h) having consciousness, (i) having both consciousness and desires, and (j) being able to use a language. Deciding which of these, or other alternatives, correctly identifies nonpotential properties sufficient to give one moral status is not at all an easy matter. -/- Second, another crucial and very challenging issue is this. Suppose that property P gives an entity moral status. If something will, in the normal course of development, acquire property P, does that entity then have moral status by virtue of that potentiality? This question, which appears to be crucial for determining the moral status of abortion, is presently the object of serious philosophical disagreement. -/- Finally, given certain answers to the preceding two questions, the moral status of abortion may depend upon answers to questions in areas outside of ethics. Suppose, for example, that something begins to have moral status only when it acquires a capacity for thought. Then the question is when developing members of our species first acquire that capacity. Answering that question, however, depends upon answering philosophical and scientific questions about the nature of human minds, because it may be crucial whether, as some philosophers believe, substance dualism is right, and the human mind is an immaterial entity, or whether, on the contrary, either property dualism or physicalism is correct. If substance dualism is right, then determining when a human first acquires the capacity for thought may depend upon philosophical or religious arguments, whereas if either property dualism or physicalism is correct, the answer will depend instead upon the outcome of demanding scientific investigations in neurophysiology and psychology. (shrink)

This paper argues that abortion access is an important subject for bioethics scholarship and reflects on the relationship between legal frameworks and access to care. The author uses the example of the United Kingdom to examine the benefits and limitations of abortion-permissive legal frameworks in terms of access. These are legal frameworks that enable the provision of abortion but subject to restrictions. An abortion-permissive regime—first in Great Britain and then in Northern Ireland—has gone some way (...) to improving access to care over time. However, aspects of the regime (that lead to its description as permissive rather than supportive of abortion) have the potential to endanger abortion access in the future and so legal reform is necessary. (shrink)

This paper situates abortion in the context of women’s duties to themselves. I argue that Kant’s fundamental moral requirement to respect oneself as a rational being, combined with Kant’s view of our animal nature, form the basis for a view of pregnancy and abortion that focuses on women’s agency and moral character without diminishing the importance of their bodies and emotions. The Kantian view of abortion that emerges takes abortion to be morally problematic, but sometimes permissible, (...) and sometimes even required. I first sketch Kant’s account to duties to oneself, highlighting duties to oneself as an animal and moral being. Next, I discuss pregnancy and the challenges it poses to women’s self-preservation, development, and efficacy as rational human agents. I then give my main argument: that abortion is morally problematic because it is antagonistic to an important subset of morally useful emotions that we have self-regarding duties to protect and cultivate. I argue that self-regarding moral considerations ground a rebuttable deliberative presumption against maxims of abortion for inclination-based ends. Finally, I consider three objections to this account of abortion : that it rests on implausible assumptions about the effects of abortion on women’s morally useful sentiments; that it portrays the virtuous agent’s reasoning about abortion as objectionably self-regarding; and that it fails adequately to recognize the moral significance of the fetus as a potential rational being. (shrink)

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

In a 2018 referendum, the Irish electorate voted in favour of repealing Ireland's quasi-total legal ban on abortion. The referendum campaign saw important public discussions regarding gender roles in twenty-first century Ireland. While the constitutional ban on abortion was condemned by abortion rights advocates for marginalising women's agency, the legislation which replaced it has not escaped criticism either. Therefore, questions surrounding the conceptualisation of women's agency in the 2018 referendum are still relevant today. Adopting a multimodal (...) critical discourse analysis approach, this paper analyses signage from the weeks before the vote to examine the discursive construction of women's agency in the linguistic landscape of the referendum campaign. I argue that many mainstream campaign organisations – including those arguing for liberalisation of abortion laws – were complicit in the discursive diminishment of women's agency, suggesting that the campaign did not necessarily challenge prevailing ideologies of gender and agency. (shrink)

This paper examines the issue of abortion from a Kantian perspective. More specifically, it focuses on Kant’s Formula of Humanity of the Categorical Imperative and the prohibition against treating humanity merely as a means. It has been argued by feminists that forcing a woman to continue a pregnancy against her will is treating her as a mere means for sustaining the fetus, a mere “fetal incubator”. Accordingly, feminists believe, this constitutes an assault on her humanity, the capacity for rationally (...) setting and pursuing her own ends. On the other hand, the woman who aborts her fetus can be seen as treating a being which has the potential for humanity merely as a means for her own ends. The Kantian discussion of abortion gives rise to a number of important questions: Does respecting the pregnant woman’s humanity, and hence enabling her to have an abortion if she chooses that way, go against appropriately respecting the fetus? What does it really mean to respect a fetus’ potential for humanity? Attempting to answer these questions helps us to see the Kantian prohibition against treating humanity merely as a means from a different, less familiar perspective, and puts out some new challenges to Kant’s theory. At the same time, it gives us new and useful insights on the much-discussed issue of the fetus’ status in the abortion debate. (shrink)

The papers included in this supplement were first given at a meeting, The New Ethics of Abortion, organised by the British Pregnancy Advisory Service (BPAS) in Senate House at the University of London on 21 February 2000. The British Pregnancy Advisory Service is primarily a provider of abortion services. Each year, the organisation provides almost 50,000 abortions, more than half of which are performed on behalf of the National Health Service (NHS), which means they are free of (...) charge to women. We are also a major source of comment to the media on issues relating to unwanted pregnancy and so we frequently face the challenge of debating those who insist that abortion is morally wrong and medically unjustifiable. The New Ethics of Abortion was organised to provide a forum in which pro-choice and anti-choice perspectives could be discussed in an atmosphere of mutual respect. We are aware that advances in technology and changed perspectives on rights—of men, of children, of the fetus, of the disabled—can have an impact on the abortion debate. We are aware that these issues are hotly contested by both those who support and those who oppose the liberal provision of abortion, and we feel that as providers of abortion care to so many women we have an important part to play. The staff at BPAS consultation centres and clinics understand abortion from the perspective of women—not women campaigners (who have their own political agenda)—but women with problem pregnancies in need of abortion care. This is a perspective that is often pushed aside when abortion is regarded as an abstract political or ethical issue. Abortion has become accepted as a part of British life. Since the 1967 Abortion Act became law in April 1968 more than five million women have benefited from safe, legal abortion in Britain. …. (shrink)

After the US Supreme Court’s reversal of Roe v. Wade, a number of states have immediately banned abortion. Pro-choice activists are responding by promoting medication abortions – a do-it-yourself form of abortion. Women can take pills at home to induce an abortion in the first few weeks of pregnancy. -/- The Biden Administration [1] has backed the abortion pill, too. Attorney-General Merrick B. Garland and Health and Human Services Secretary Xavier Becerra both issued statements endorsing it. (...) -/- “We stand ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care,” said the Attorney-General. “In particular, the F.D.A. has approved the use of the medication mifepristone. States may not ban mifepristone based on disagreement with the F.D.A.’s expert judgment about its safety and efficacy.” -/- As the New York Times [1] has noted, this sets the scene for legal battles. The obvious one is: will anti-abortion states prosecute medication abortions? -/- But – based on experience in the United Kingdom - the use of the abortion pill could give pro-life doctors headaches as well. -/- In the past year, UK has witnessed the saga of two Catholic doctors who have been brought in front of the professional regulator, the General Medical Council, after accusations of professional misconduct. Their crime? They had supplied abortion pill reversal (APR) treatment to women. Accusations of this misconduct have been brought forward by pro-choice organisations [2]. -/- The problem is that some women might panic when they discover that they are pregnant or are pressured to make a rash decision. They obtain abortion pills, often without seeing a doctor faceto- face, and soon after taking the first pill, they regret their decision. -/- Is it too late for them to save their pregnancy? Not necessarily. -/- A treatment developed in the US works about half the time. It involves the woman taking progesterone after the first abortion pill to counteract the abortifacient action of the drug. -/- Seventy-three women in the UK are reported to have taken a full APR course, of whom, 38 – more than half — successfully remained pregnant. Admittedly, the procedure is controversial [3], with pro-choice writers denouncing it as unproven, unscientific, and unethical. This has triggered some healthcare practitioners and scholars to analyse the commitments of the pro-choice movement to APR. In a recently published paper in The New Bioethics [4], two colleagues, Dominic Whitehouse and Steven Bow, and I argue that those espousing a pro-choice worldview should actually support abortion pill reversal and that the current evidence indicates that they should actually be doing it. -/- While some pro-choice activists might be happy simply to expand women’s reproductive choices, some might also want to ensure that these choices are safe and effective at achieving the desired outcome, which in principle includes maintaining a pregnancy. -/- We then review the scientific evidence with respect to the ability of APR to halt an abortion, look at the potential impact of APR on mental health, as well as its procedural safety. While highlighting that gold-standard evidence is lacking, we note that APR is associated with about two times higher rate of embryo survival compared to not completing the full early medical abortion course, that there is large agreement in the literature that women who are ambiguous about abortion are at risk of poorer mental health outcomes after abortion (and argue that women who request APR fall into this category), and highlight that there is no evidence that APR is more dangerous than abandoning an initiated early medical abortion. -/- The latter fact is important, as the results of the only randomised-controlled trial of APR have been at times misrepresented in the media [5.6], creating the impression that APR is not safe while most of the adverse effects occurred in the study group that did not receive APR. As our paper argues, with respect to APR the two UK doctors were “champions of women’s choice and should be congratulated, not condemned, by pro-choice advocates”. -/- While the cases against the two doctors have now been dropped (and there have even been accusations against a member of one of these pro-choice organisations that they pressurised a patient into complaining about one of the doctors and twisted the patient’s experience of the treatment [7]), we argue that it is important to set-up systems to facilitate the future provision of APR to protect both patients and healthcare staff. -/- Our conclusion is that, while being open to any change in evidence, those espousing a pro-choice outlook should “support calls for an APR framework that will protect women and the healthcare professionals caring for them” “and certainly not oppose” APR. -/- The debate over abortion pill reversal will be heading to the United States soon. It is quite possible that it will be denounced as dangerous misinformation. It’s not. But pro-life defenders should be prepared to defend their ground. -/- This article was first published by Mercatornet. (shrink)

Don Marquis offered the most famous philosophical argument against abortion. His argument contained a novel defence of the idea that foetuses have the same moral status as ordinary adults. The first half of this paper contends that even if Marquis has shown that foetuses have this status, he has not proven that abortion is therefore wrong. Instead his argument falls victim to problems similar to those raised by Judith Thomson, problems that have plagued most anti-abortion arguments since. (...) Once Marquis's anti-abortion argument is shown to fail, this raises the question of whether there is some way to circumvent the problems. The second half of the paper argues that this issue hinges on important questions about responsibility for risky behaviour and the duties of parenthood. Because we have yet to develop appropriate theoretical frameworks for judging such questions, we cannot yet know whether Marquis's anti-abortion argument — and indeed most other anti-abortion arguments — can be completed. (shrink)

In December 1933 Russell initiated a new project that by late 1934 was under the working title “The Revolt Against Reason”. It was to be a book that analyzed the intellectual and cultural ancestry of fascism. It was never completed, yet Russell left us many fascinating textual artifacts that give us some sense of what he intended to do. Three documents of special importance are presented in their full form in this paper. These documents, together with the work he did (...) publish on fascism and also the books _Power_ and _A History of Western Philosophy_, demonstrate that Russell was an insightful thinker on the topic. His analysis placed him outside the major interpretations of fascism in the interwar period. (shrink)

Don Marquis has put forward a non-religious argument against abortion based on what he claims is a morally relevant similarity between killing adult human beings and killing fetuses. He asserts that killing adults is wrong because it deprives them of their valuable futures. He points out that a fetus’s future includes everything that is in an adult’s future, given that fetuses naturally develop into adults. Thus, according to Marquis, killing a fetus deprives it of the same sort of valuable (...) future that an adult is deprived of in being killed and this makes abortion seriously wrong. Commentators have raised a number of objections to Marquis’s argument, to which he has satisfactorily responded. In this paper, difficulties with Marquis’s argument that have not been considered by previous commentators are pointed out. A main thesis of this paper is that Marquis does not adequately defend his argument against several important objections that he himself has raised. These new considerations support the view that Marquis’s argument is unsuccessful. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:538 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Doreen J. Mattingly The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration In 1977 in the United States, Second Wave feminists were poised to make a meaningful impact on federal policy. Jimmy Carter’s successful 1976 presidential campaign had included an open wooing of feminist support : he had created a (...) “51.3 Percent” committee to address women’s issues and he had told feminist audiences that he “wanted to be known as the President who achieved equal rights for women, just as President Johnson had won civil rights legislation for blacks.”1 Once elected, Carter appointed an unprecedented number of feminist women to high office, many of whom were committed to addressing the concerns of marginalized women and advancing policy on issues such as sexual violence and reproductive rights. These appointees were linked to a dense feminist organizational presence in Washington that was unprecedented in its size and diversity. Not surprisingly, many feminists had high expectations for the new administration. 1. Cynthia Harrison, “Creating a National Feminist Agenda: Coalition Building in the 1970s,” in Feminist Coalitions: Historical Perspectives on Second-Wave Feminism in the United States, ed. Stephanie Gilmore (Urbana: University of Illinois Press, 2008), 30. See also John Dumbrell, The Carter Presidency: A Re-evaluation (New York: Manchester University Press, 1993); and Sara Evans, Tidal Wave: How Women Changed America at Century’s End (New York: Free Press, 2003). Doreen J. Mattingly 539 Despite these promising conditions, feminists made little headway on policy during the Carter administration (1977–1981). Federal funding for abortion was eliminated; no permanent offices that would have advocated for women’s issues were created; and bills supporting domestic violence shelters, support for “displaced homemakers,” and quotas for female-owned businesses were defeated or extremely diluted. In addition, no additional states ratified the Equal Rights Amendment (ERA) and several states rescinded earlier ratification votes. Some of these failures can be attributed to the general loss of feminist momentum and the emergence of a conservative backlash in the late 1970s. Anti-ERA organizing fueled the rise of a conservative “family values” movement that would shape social policies for more than a generation, and neoliberal economic conservatives were challenging the welfare-state programs that feminists sought to expand. But in Washington, there was an addition challenge —the unreliable support of Carter himself. Despite his promises, Carter felt that by appointing women he had met his commitment to feminists and did little to support feminist policy goals that went beyond eliminating discrimination. This paper makes an important contribution to the history of feminist action by looking in detail at the efforts of Jimmy Carter’s feminist appointees to influence policy. In particular, it discusses the actions of the most visible feminist in the White House, Margaret “Midge” Costanza. Carter named Costanza director of the Office of Public Liaison, a department that was created to manage relations between the White House and citizens’ groups. Her position as the first woman to serve as Assistant to the President, in concert with her gregarious nature and strong support for women’s issues, made Costanza a very visible symbol of affirmative action for Carter. Yet Costanza, like many other high-level feminist appointees, met opposition within the White House when she tried to advance women’s issues. Her persistent advocacy contributed to her marginalization within the White House. Just twenty months into the administration she resigned in frustration.2 This paper begins with a discussion of the unique circumstances surrounding Carter’s feminist appointees, followed by a detailed exploration 2. For Costanza’s complete story, see Doreen J. Mattingly, A Feminist in the White House: Midge Costanza, the Carter Years, and America’s Culture Wars (New York: Oxford University Press, 2016). 540 Doreen J. Mattingly oftwomeetingsheldbyCostanzainJuly1977.Thefirstwasanimpromptu meeting of roughly forty prochoice Carter appointees, all deeply troubled by a statement made by Carter in support of the Hyde Amendment banning federal funds for abortion. The same month, Costanza hosted a groundbreaking White House meeting about battered women, in which high-level bureaucrats heard testimonials from domestic violence victims and shelter advocates. While both meetings broke new... (shrink)

: I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose ….

This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse’s abortion ethics. It is motivated by Hursthouse’s puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents (...) and then develops her fetal metaphysics of the potential and actual human being, which she merely adumbrates in her more extensive treatment of abortion ethics in her book Beginning Lives. The essay then evaluates her fetal ontology in light of relevant research on fetal neural and psychological development. It concludes that her implied view that the late-stage fetus is an actual human being is defensible. The essay then turns to the analysis of late-stage abortions in her paper and argues that it is importantly incomplete. (shrink)

Elective abortion has become an issue of ethical and political debate in many countries including Mexico. As gynecologists are directly involved in the practice of abortion, it is important to know the psychological meaning that the term ‘elective abortion’ has for them. This study explores the psychological meaning and attitudes toward elective abortion of one hundred and twenty‐three Mexican gynecologists. We used the semantic networks technique, which analyzed the words the participants associated with the term (...) ‘elective abortion’.The defining words most frequently used by participants implied a negative sanction. There were important differences by gender and religiosity: male gynecologists, as well as those with strong religious beliefs (mainly Catholics), revealed a more negative psychological meaning and more negative attitudes than females or physicians with weak religious beliefs. A contribution of the present study is that it highlights the importance of psychology to enhancing understanding of the issue of elective abortion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A THOMISTIC PERSPECTIVE ON ABORTION AND THE LAW IN CONTE:MPORARY AMERICA M. CATHLEEN KAVENY Yale University New Haven, Oonnecticut Introduction W;HEN THE SUPREME COURT handed down its abortion decision Webster v. Reproductive Health Services 1 in the summer of 1989, it was widely prel 109 S. Ct. 3040 (1989). All further citations to Webster will be given parenthetically in the text. To summarize the most significant (...) aspects. of the decision: A. Chief Justice Rehnquist authored an opinion of the Oourt (of the highest precedential value) which was joined by Justices White, Kennedy, Scalia, and O'Connor. The majority found the lower courts to be in error in striking down as unconstitutional the preamble to a Missouri statute which asserted that "the life -0f each human being begins at conception." The opinion of the Court also found that Missouri could constitutionally prohibit the use of public employees and facilities in the performance of abortions not necessary to save the mother's life. B. The Court also upheld the Missouri statute's provision requiring a. doctor to perform viability tests before aborting a fetus the doctor believes is of 20 or more weeks gestational age. In the plurality opinion (of less precedential value than an opinion -0f the Court, since it is not joined by a majority of the justices), Chief Justice Rehnquist, Justice White, and Justice Kennedy argued that since most fetuses are not viable at twenty weeks, the provision would impose substantial restrictions unrelated to the health of the mother upon what are, in fact, simply sec-0nd trimester abortions. Because they believed such restrictions to be in tension with Roe's trimester system, the plurality decided to abandon that system, along with its stipulation that the state's interest in unborn life became compelling only at viability. The plurality contended, however, that Webster presented no occasion for reconsidering Roe's holding, which deemed unconstitutional a statute prohibiting all abortions except those necessary to save the life of the mother. In a concurring opinion, Justice Scalia went further, arguing that the Court should explicitly overrule Roe v. Wade. On the other hand, Justice O'Connor, 848 344 M. CAT'HLEEN KAVENY dieted that this would exaicerbate a dangerously bitter social·struggle. In its 1973 decision Roe v. Wade (410 U.S. 113), the court had e1abo:raJted.a woman's right to abortion, and, in rthe sixteen years that fo11owed it, it ga,V'e that right unwavering support. Webster 'seemed to mark a retl.'eat from that support. The new scope it offered for state regulation of rubortion promised rto ignite gra,ss-roots forvor and a stiate..:by-state battle between those seeking rto maintain the abortion rights est1ab1isihed by Roe and its sequalia and those st:dving to limit the s1oope of these rights in 1 significant ways. Much of the criticism of Webster has fooused narrowly upon how weM the,decision has aiocorided with various views on the morality of abortion. Yet important 1as this issue is, thorough ethicaJ ana:lysis of Webster must address severa1l additional fac~ tors. The ethiicatl aidequacy of positive law, induding judicial interpretations of faw siuch as Webster, must he ev1alruated in terms of whetheir it aidvanices or impedes the common good. The common good requires not only that we consider the moml substance of legal requirements but tha:t we ailso attend to the manner in which law is made, promulgated, ml!d interpreted. Such an analysis is,sorely needed; it should. specify the severa1l factors involved in determining whether any given legal also concurring in the plurality's judgment, maintained that this provision of the statute could be upheld without any reconsideration of Roe, since it co· hered with that decision's recognition of the compelling state interest in viable fetal life. C. Justice Blackmun authored an opinion dissenting from the majority on the issues discussed above, and he was joined by Justices Brennan and Mar· shall. The thrust of his opposition is directed against the plurality's treatment of the viability testing,provisions. Blackmun first suggested that i.f understood according to the canons of proper statutory interpretation, these provisions unconstitutionally restrict the attending physician... (shrink)

In this edition, two recent addresses in the CAPPE public lecture program are presented in full. Dr Barry Jones asks how complex issues are tackled in public life, and what role the pursuit of truth and objectivity plays in these important debates; his assessment is not positive. Professor Peter Newman argues that, amidst the public debate on climate change and resource degradation, there has been little discussion of peak oil and the grave threats it poses. In his article, Professor (...) Newman explains what peak oil is, the dangers involved and what we can do to avert them. Also in this edition, Professor Tony Coady offers a new analysis of terrorism and why it is wrong, as well as the moral dangers posed by recent counter-terrorist activity. (shrink)

I have published more than just a few papers on the abortion issue. Instead of taking either the pro choice or the pro life position, I offer a third alternative: evictionism. I claim that this perspective, which, as it happens is a principled compromise between the other two positions, is the only one compatible with libertarianism. Wisniewski offers several not unreasonable challenges to my thesis. The present paper is my attempt to refute each and every one of them.

Elective abortion has become an issue of ethical and political debate in many countries including Mexico. As gynecologists are directly involved in the practice of abortion, it is important to know the psychological meaning that the term ‘elective abortion’ has for them. This study explores the psychological meaning and attitudes toward elective abortion of one hundred and twenty-three Mexican gynecologists. We used the semantic networks technique, which analyzed the words the participants associated with the term (...) ‘elective abortion’. The defining words most frequently used by participants implied a negative sanction. There were important differences by gender and religiosity: male gynecologists, as well as those with strong religious beliefs (mainly Catholics), revealed a more negative psychological meaning and more negative attitudes than females or physicians with weak religious beliefs. A contribution of the present study is that it highlights the importance of psychology to enhancing understanding of the issue of elective abortion. (shrink)

This paper attempts to demonstrate, at least for the passions, that while emotions are important elements of common sense psychological thought, they are not psychological, neural, or mental entities. People talk of emotions, we claim, in two sorts of cases: Firstly, when it is believed that someone has done something that she shouldn't because she has been overwhelmed by desire and secondly, when someone is found to be compelled to devote cognitive resources to an act she knows she will (...) never carry out. In this case motivational states command attention and cognitive and physiological resources, distract us, even though they will not issue in action. In either case pointing to an emotion is pointing to a partial, aborted, or misdirected desire. We discuss why emotions are considered important in common sense and professional psychology though they do not exist. (shrink)

I am grateful to John Woods and David Soles for the careful attention they have given to some of the central arguments of Abortion and Moral Theory, though I wish that they had revealed fewer respects in which those arguments were seriously underdeveloped. In what follows I will try to supply some of the needed further development. I address the main points at issue in what I conceive to be their order of ascending importance.

The philosophical literature would have us believe that the conservative view on abortion is based on the claim that the fetus is a person from the time of conception. Given the widespread acceptance of this analysis, it comes as something of a surprise to learn that it conflicts with a number of major arguments offered in support of the conservative view. I argue, in the present paper, that a careful examination of these inconsistencies establishes that the personhood analysis is (...) mistaken: the conservative view is based on the natural process of fetal development, not the personhood of the fetus. (shrink)

Approximately 50 years have passed since Judith Jarvis Thomson wrote A Defense of Abortion (1971). Her article has significantly shaped the philosophical literature on abortion. In this paper, I will summarize some of the interesting and important work done on the topic since Thomson's article. I will highlight Thomson as a defender of the claim that abortion is morally permissible and Don Marquis as an influential opponent of that claim. I will start by articulating Thomson's case, (...) focusing on the violinist analogy. I will underscore key questions, concepts, and objections the analogy raises. I will then examine briefly how philosophers have addressed some of these issues. Next, I will outline Marquis’ work, provide a similar commentary on it, and discuss some of its main responses. I will then survey other philosophers who have addressed abortion beyond the scope of providing specific replies to Thomson or Marquis. I will close by highlighting significant points of agreement and disagreement in the literature, as well as crucial gaps in the current research. The paper is not an attempt to address every work on the topic over the last five decades, nor is it aimed at taking a position on the moral permissibility of abortion. My goal is to provide an overview of the dialectic. (shrink)

Most people are aware of the pro-choice and the pro-life perspectives on abortion. But there is a third one, based on libertarianism called evictionism. I have written on this philosophy on numerous occasions . Wisniewski has criticized this viewpoint. The present essay is a response to Wisniewski.

The present paper offers a critique of Block on the issues of abortion and child abandonment. Block regards aborting a fetus or abandoning a child as an instance of exercising one’s libertarian right of expelling trespassers from one’s private property. I argue that the above reasoning is flawed due to the lack of the appreciation of the fact that if one voluntarily initiates the causal chain which leads to someone else ending up on his property, the latter person cannot (...) be considered a trespasser. Furthermore, in the light of the above observation, any direct effects resulting from that person’s eviction should be considered the responsibility of the property’s owner. All of this follows from the simple logical fact that in all links of the causal chain under consideration the owner is the ultimate causal agent. (shrink)

For the past few years in the United States, almost daily there’s a headline about new proposed abortions restrictions. Conservatives cheer, liberals despair. But who is right here? Should abortion be generally legal or should it be banned? Is it usually immoral or is it usually not wrong at all? These same questions, of course, are asked in other countries. To many people, answers to these questions seem obvious, and people with different or contrary answers are, well, just wrong. (...) But how can we know? In particular, could anyone know that abortion is not wrong and should be legal? If so, how? And how would anyone effectively, persuasively, communicate that knowledge? One important set of answers depends on this idea: critical thinking. Critical thinking can help people know, not merely believe or feel, that their perspectives on issues are true or correct, and it can help them persuade others to understand and accept that knowledge. We are philosophy professors who teach courses in critical thinking and its applications to ethical, political, scientific, and legal issues. In our 2019 open-access book, Thinking Critically About Abortion: Why Most Abortions Aren’t Wrong & Why All Abortions Should be Legal, we apply well-confirmed methods of critical thinking to the most discussed arguments about abortion. Critical thinking can be operationalized as skills. Three key critical thinking skills involve defining words, identifying the structures of arguments, and evaluating explanations. Understanding these and other critical thinking skills can only help improve conversations and advocacy about abortion. Let’s see them in action. (shrink)

ABSTRACT BackgroundIt isn’t clear how lay people balance the various ethical interests when addressing medical issues. We explored lay people’s ethical resolution models in relation to abortion. MethodsIn a tertiary healthcare setting, 196 respondents rank-ordered 42 opinion-statements on abortion following a 9-category symmetrical distribution. Statements’ scores were analyzed by averaging-analysis and Q-methodology. ResultsRespondents’ mean (SD) age was 34.5(10.5) years, 53% were women, 68% Muslims (31% Christians), 28% Saudis (26% Filipinos), and 38% healthcare-related. The most-agreeable statements were “Acceptable if (...) health-benefit to woman large,” “Acceptable if congenital disease risk large,” and “Woman’s right if fetus has congenital disease.” The most-disagreeable statements were “State’s right even if woman disagrees,” “Acceptable even with no congenital disease risk,” and “Father’s right even if woman disagrees.” Q-methodology identified several resolution models that were multi-principled, consequentialism-dominated, and associated with respondents’ demographics. The majority of Christian women and men identified with and supported a relatively “fetus rights plus State authority-oriented” model. The majority of Muslim women and men identified with and supported a “conception-oriented” model and “consequentialism plus virtue-oriented” model, respectively. One or more of three motives-related statements received extreme ranks on averaging-analysis and in 33% of the models. Conclusions1) On average, consequentialism, focusing on a woman’s health-benefit and congenital disease risk, was the predominant approach. This was followed by the rights approach, favoring a woman’s interest but taking context into account. 2) Q-methodology identified various ethical resolution models that were multi-principled and partially associated with respondents’ demographics. 3) Motives were important to some respondents, providing empirical evidence against adequacy of principlism. (shrink)

BackgroundThis paper considers ethical dilemmas arising where a patient asks their General Practitioner for advice and their personal opinion regarding whether or not to have an abortion. Patients often seek their General Practitioner’s advice regarding treatments and procedures, which may occasionally lead to the General Practitioner facing a difficult dilemma of whether to share their personal opinion with their patient. As General Practitioners are more accessible as the first point of contact for patients and often have a closer relationship (...) with them, they may be particularly exposed to such situations. Additionally, the significance of abortion as a sensitive topic and the fact the General Practitioner may have their own personal viewpoint on its morality may make it particularly difficult for them to know how to respond to such a request.Main textThis paper explores the difficulties arising in such a situation and considers whether it could ever be ethically justifiable for General Practitioners to express their opinions on such a matter. We consider the duties of a doctor, and highlight the need for clearer guidance for healthcare professionals on managing tensions in their professional boundaries between their personal moral views and their professional responsibilities. A range of ethical viewpoints are considered to explore how a doctor might ap, in particular the principle of autonomy, virtue ethics, and consequentialism.ConclusionsThis article recognises that a General Practitioner in a situation such as this faces many ethical challenges. We propose that offering their opinion to the patient where specifically requested may be morally justifiable. A virtue ethics approach in particular requires that the General Practitioner applies practical wisdom to make this decision, and where they do disclose their opinion ensure this is done so in such a manner that it does not harm the patient and promotes flourishing. We encourage GPs and other healthcare professionals to consider their own moral perspectives on sensitive issues such as abortion, and reflect on how their moral viewpoints have the potential to influence their practice. In doing so, we hope clinicians can be better should they be faced with a situation such as this. (shrink)

In his classic paper, ‘Why abortion is immoral’, Don Marquis argues that what makes killing an adult seriously immoral is that it deprives the victim of the valuable future he/she would have otherwise had. Moreover, Marquis contends, because abortion deprives a fetus of the very same thing, aborting a fetus is just as seriously wrong as killing an adult. Marquis’ argument has received a great deal of critical attention in the two decades since its publication. Nonetheless, there is (...) a potential challenge to it that seems to have gone unnoticed. A significant percentage of fetuses are lost to spontaneous abortion. Once we bring this fact to our attention, it becomes less clear whether Marquis can use his account of the wrongness of killing to show that abortion is the moral equivalent of murder. In this paper, I explore the relevance of the rate of spontaneous abortion to Marquis’ classic anti-abortion argument. I introduce a case I call Unexpected Death in which someone is about to commit murder, but, just as the would-be murderer is about to strike, his would-be victim dies unexpectedly. I then ask: what does Marquis’ account of killing imply about the moral status of what the would-be murderer was about to do? I consider four responses Marquis could give to this question, and I examine what implications these responses have for Marquis’ strategy of using his account of the wrongness of killing an adult to show that abortion is in the same moral category. (shrink)

The defense argument in favor of abortion sees the fetus as an invader, a trespasser, someone against whom violence is justified, since this very young person (the fetus) has initiated violence against his mother. Hewitt [30] rejects this argument. The present paper maintains the justification of this defense argument. My perspective is based on the private property rights of the mother. She owns her person. It is as if her body is her house, and a trespasser has invaded it. (...) Surely, she has the right to evict such a person. This analogy is relatively easy to see in the case of rape. The unwanted fetus, now occupying a part of her body is in effect a intruder. If she really owns her body, which I contend she certainly does, she has a right to expel this person from her property. I also argue that voluntary sexual intercourse does not constitution an “invitation” for the pre-born baby to occupy her premises for nine months. (shrink)

This is a revised and expanded edition of a seminal work in the logic and philosophy of time, originally published in 1968. Arthur N. Prior was the founding father of temporal logic, and his book offers an excellent introduction to the fundamental questions in the field. Several important papers have been added to the original selection, as well as a comprehensive bibliography of Prior's work and an illuminating interview with his widow, Mary Prior. In addition, the Polish logic (...) which made Prior's writings difficult for many readers has been replaced by standard logical notation. This new edition will secure the classic status of the book. (shrink)

In this paper, we explore young Polish Catholic mothers' moral reasoning on abortion. We draw on the concept of maternal knowledge and theoretical insights developed within the ethics of care to shed light on the complexities and contradictions experienced by Catholic mothers in the context of reproductive choices. The narratives we gathered through in-depth interviews illustrate how mothers evoke embodied, experience-based maternal knowledge to challenge hegemonic frameworks associated with legal, medical, and religious authoritative knowledges. We show how mothers engage (...) critically with ideologized notions of sacrifice and suffering by placing these concepts in the context of relational maternal care work and argue that mothers adopt a position on the moral permissibility of abortion by reinterpreting religious norms and ideas, such as the protection of the family and vocation of care. (shrink)

This is a new edition, revised and expanded, of a seminal work in the logic and philosophy of time, originally published in 1968. Arthur N. Prior was the founding father of temporal logic. His work has attracted increased attention in the decades since his death: its influence stretches beyond philosophy and logic to computer science and formal linguistics. Prior's fundamental ideas about the logic of time are presented here along with his investigations into the formal properties of time and tense. (...) Already in 1969 Prior had been planning a new edition of Papers on Time and Tense, to incorporate his more recent work. Because of his untimely death this plan was never followed through--till now. Seven important papers have been added to the original selection, as well as a comprehensive bibliography of his work and an illuminating interview with his widow, Mary Prior, about his life and work. In addition, the Polish logic which made the original book difficult for many readers has been replaced by standard logical notation. This new edition will secure the classic status of the book. (shrink)

This volume brings together some of Dr. Kuczynski's most important work on mathematical logic. The crushing power of Kuczynski's intellect is on full display in these paper, in which he introduces the neophyte to the basic principles of set theory and logic while at the very same time articulating new and important theorems of his own.

Micro- and Opto-Electronic Materials and Structures: Physics, Mechanics, Design, Reliability, Packaging is the first comprehensive reference to collect and present the most, up-to-date, in-depth, practical and easy-to-use information on the physics, mechanics, reliability and packaging of micro- and opto-electronic materials, assemblies, structures and systems. The chapters in these two volumes contain summaries of the state-of-the-art and present new information on recently developed important methods or devices. Furthermore, practical recommendations are offered on how to successfully apply current knowledge and recently (...) developed technology to design, manufacture and operate viable, reliable and cost-effective electronic components or photonic devices. The emphasis is on the science and engineering of electronic and photonic packaging, on physical design problems, challenges and solutions. Volume I focuses on physics and mechanics of micro- and opto-electronic structures and systems, i.e., on the science underpinnings of engineering methods and approaches used in microelectronics and photonics. Volume II deals with various practical aspects of reliability and packaging of micro- and opto-electronic systems. Internationally recognized experts and world leaders in particular areas of this branch of applied science and engineering contributed to the book. (shrink)

The Islamic government of Iran recently passed and announced a new law titled “Rejuvenation of the Population and Protection of the Family.” This legislation is a noteworthy example of biopolitics‐influenced biolaw. In terms of abortion, contraception, prenatal screening, and population control, this law clearly contrasts with women's fundamental rights and freedoms and has significant health‐related consequences for different sectors of the population. A historical review of the population policies of the Islamic Republic of Iran shows the occurrence of multiple (...) abrupt and radical changes in such policies over the past four decades. This new law, promoted by religious biopolitics, is the most recent example, and places stringent limits on abortion. According to it, all decisions concerning abortion must be made in courts rather than in health clinics. Such courts are typically presided over by male religious scholars. This law also limits prenatal screening to the degree that will increase the rate of genetic defects, especially in the population's lower socioeconomic strata. By strictly limiting access to contraception, this law will increase the rate of unwanted pregnancies and sexually transmitted diseases. This paper argues that such an influence of biopolitics on biolaw contrasts with the principles of bioethics. Still, Iran's current institution of bioethics cannot address it effectively. Therefore, a new model of interaction between bioethics, biopolitics, and biolaw is needed to prevent the detrimental consequences of such pieces of legislation. Such a paradigm shift is demanded by the current “Woman, Life, Freedom” movement of the Iranian people. (shrink)

Many “pro-life” or anti-abortion advocates are Christians who believe that (1) there exists an all-powerful, all-knowing, and morally perfect god who created our universe; (2) restricting abortion ought to be a top social and political priority; and (3) embryos and fetuses that die all go to hell or they all go to heaven. This paper seeks to establish that Christian pro-life advocates with these beliefs face the Afterlife Dilemma. On the one hand, if all embryos and fetuses that (...) die go to hell, they need to abandon their belief in the morally perfect god of traditional Christianity. On the other hand, if all embryos and fetuses that die go to heaven, a plausible triage principle suggests that they must abandon their view that restricting abortions ought to be a top priority. Either way, this popular Christian pro-life view is untenable. The Afterlife Dilemma implies that many pro-life Christians must abandon some aspect of their current beliefs about God, the afterlife, or the comparative moral importance of abortion. (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)

In January 2012, the Journal of Medical Ethics published online Giubilini and Minerva's paper, ‘After-birth abortion. Why should the baby live?’.1 The Journal publishes articles based on the quality of their argument, their contribution to the existing literature, and relevance to current medicine. This article met those criteria. It created unprecedented global outrage for a paper published in an academic medical ethics journal. In this special issue of the Journal, Giubilini and Minerva's paper comes to print along with 31 (...) articles from some of the best scholars in the world, from the broadest range of perspectives on abortion and infanticide, including those strongly critical of Giubilini and Minerva.The killing of a baby is among the most shocking of human practices. I am strongly opposed to the legalisation of infanticide along the lines discussed by Giubilini and Minerva. But I would like to explain why a journal of medical ethics published an article examining infanticide and now devotes a special issue to bringing a wide range of perspectives for further examination of these issues.Infanticide has been practised throughout human history for various reasons and continues to be practised today throughout the world. In rare cases, infanticide can be practised openly and legally—for example, as specified under the ‘Groningen Protocol’, in the Netherlands. The Groningen Protocol allows doctors to end the life of neonates at the request of their parents if the infant is experiencing hopeless and unbearable suffering.2But medical infanticide arguably occurs elsewhere other than in the Netherlands today.In neonatal intensive care, it is not uncommon for a doctor to withdraw artificial ventilation with the consequence that a baby dies.3 If anyone else performed that act, including the parents of the child, it would be viewed as an act of homicide, in some cases …. (shrink)

ABSTRACTThis paper discusses the Brazilian Supreme Court ruling on the case of anencephaly. In Brazil, abortion is a crime against the life of a fetus, and selective abortion of non‐viable fetuses is prohibited. Following a paradigmatic case discussed by the Brazilian Supreme Court in 2004, the use of abortion was authorized in the case of a fetus with anencephaly. The objective of this paper is to analyze the ethical arguments of the case, in particular the strategy of (...) avoiding the moral status of the fetus, the cornerstone thesis of the Catholic Church. (shrink)

This paper explores the rationale for violence and coercion aimed at preventing abortion conceived as the killing of an innocent person. Some important arguments for personhood at conception are examined, and in the light of the examination the paper considers whether they warrant concluding that a free and democratic society should pass laws recognizing personhood at conception. The wider concern is what principles such a society should use as a basis for legal coercion and what principles conscientious individuals (...) should use insofar as they judge that self-defense or, especially, protection of the innocent, requires violence. (shrink)

Abortion is an especially salient issue for considering the general problematic of religiously based conversation in the public square. It remains deeply divisive, fully thirty-four years after Roe v. Wade. Such divisiveness cannot be interpreted as merely an expression of profound differences between “secular” and “religious” voices, because differences also emerge among Christian denominations, reflecting different sources of moral authority, different accounts of moral discernment, and different judgments about the appropriate relations between law and morality in the context of (...) pluralism. As this paper explores, however, despite those differences, a generally identifiable “Christian” position concerning the moral status of abortion can be distinguished from secular philosophical judgments on the issue, which is important for Christian engagement with public policy debate. (shrink)

Don Marquis argues that abortion is prima facie seriously wrong because it deprives the foetus of a valuable future. This paper argues that there is no morally relevant difference between the relations that foetuses stand in to valuable futures and those that gametes stand in to such futures. Therefore, Marquis’ account implies that contraception is prima facie seriously wrong. My argument for this conclusion has a significant advantage over existing criticisms of Marquis based on controversial accounts of personal identity. (...) It shows that the problem with his account is not his view that identity across time is a matter of merely biological relations, but his investment of those relations with moral significance. This criticism has force no matter which account of personal identity is true. (shrink)

Ethical deliberations are unfolding for potentially controversial organoid‐entities such as brain organoids and embryoids. Much of the ethical deliberation centers on the questionable moral status of such organoid‐entities. However, while such work is important and appropriate, ethical deliberations may become too exclusively rooted in moral status and potentially overshadow other relevant moral dilemmas. The ethical discussion on organoid models can benefit from insights brought forth by both Judith Jarvis Thomson and Don Marquis in how they attempted to advance the (...) abortion debate. To discuss other abortion ethical issues more fully, both Thomson and Marquis assumed differing moral status positions of the conceptus and followed lines of reasoning based on these moral status assumptions. We suggest a similar approach with controversial organoid‐entities like brain organoids and embryoids. To avoid overshadowing or overlooking other relevant ethical issues, ethicists ought to first assume an organoid‐entity moral status position (such as a high moral status or no moral status) and explore any possible arguments that may result from such a position. While we ought not to copy the content of Thomson and Marquis' arguments exactly for organoid‐entities, it is worthwhile to translate their arguments' overarching structures. This paper explores the relevant insights of Thomson and Marquis, how they can be translated into the organoid ethics debate, and what possible lines of inquiry may be worth exploring based on particular moral status assumptions. (shrink)

After recently meeting with his biological parents, the author--a 29-year-old-married male--learned he had been an hour away from being aborted, being 'saved' only by extraordinary circumstances. In the paper the author reflects upon previous strong pro-choice beliefs and reasserts his commitment to a pro-choice philosophy, integrating his new personal experience. The paper pays particular attention to the biological mother's experience and how her fresh insights have reinforced the author's views on abortion.

Two of the most important topics in the field of medical ethics today are insemination by donor (AID) and in-vitro fertilization. The conclusions of a working party set up by the British Association for the Advancement of Science are embodied in a small book reviewed on pate 108 of this issue, but we feel that more discussion than can be set out in the space allocated to book reviews is justified. Also, this journal in its first number has already (...) devoted a group of papers to the issue of abortion, so the conclusions of the working party and our own comments overlap and we hope illuminate further the problems enunciated. (shrink)

This special issue of the Journal of Medicine and Philosophy focuses on unintended intrauterine death (UID) and preterm delivery (both phenomena that are commonly—and unhelpfully—referred to as “miscarriage,” “spontaneous abortion,” and “early pregnancy loss”). In this essay, I do two things. First, I outline contributors’ arguments. Most contributors directly respond to “inconsistency arguments,” which purport to show that abortion opponents are unjustified in their comparative treatment of abortion and UID. Contributors to this issue show that such arguments (...) often rely on a grossly oversimplified picture of abortion opponents’ views. Furthermore, contributions in this issue weigh in on issues regarding UID with theoretical import and therapeutic implication beyond the inconsistency argument debate. These papers can be mined for principles that better inform us about anembryonic pregnancies (i.e., nonviable pregnancies in which a gestational sac exists but no embryonic pole can be seen via transvaginal ultrasound), UID-prevention research, the law concerning UID (especially post-Dobbs), policies for handling embryonic remains, and moral psychology as it relates to UID, emotion, and empathy. In each case, conceptual philosophical analysis might bring about therapeutic benefits for those affected by UID. Philosophers, therefore, are in position not only to provide clarity—careful analysis and discussion of UID and related phenomena—but are also in position to genuinely help people affected by UID. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which (...) class='Hi'>abortion is sometimes permissible, and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)