Throughout history, induced abortions have been a source of considerable debate and controversy. An individual's personal stance on the complex ethical, moral, and legal issues has a strong relationship with the given individual's value system. A person's position on abortion may be described as a combination of their personal beliefs on the morality of induced abortion and the ethical limit of the government's legitimate authority.
In reality, both pro-choice and pro-life are too simplistic to encompass the full complexity of the debate. A person may be personally uncomfortable with, and morally opposed to, abortion (thus being pro-life) while believing the option of abortion should remain legal (thus being pro-choice as well). Furthermore, individuals often place different value on the lives of zygotes, embryos and fetuses at different points in gestation, putting different methods of abortion in different moral lights.
Underlying this debate is another debate, over the proper role of the state: to what extent should a government be allowed to interfere with a woman's reproduction? This is a major issue in a number of countries, such as India and China, which have tried to enforce types of birth control (including forced sterilization), and in the United States, which has historically limited access to birth control.
The debate also touches upon such related (and themselves controversial) issues as contraception, feminism, gender roles, teen pregnancy, and sexual morality. Many (if not most) opponents of abortion are social conservatives, and are motivated not only by concerns about embryonic life but also by unease with, and opposition to, the modern lifestyle choices that they see the procedure as facilitating.
The abortion debate has a prominent place in political campaigning in many countries. In the United States, the Democratic Party tends to campaign in support of the legal right to an abortion, while the Republican Party tends to campaign against this right. These positions are often part of a more general stance on such related subjects as sex education, birth control, stem-cell research, and euthanasia.
The debate is generally heated but nonviolent, though there have been a small number of cases where violence has been used.
There is also controversy over the rights of individuals other than the pregnant woman and the embryo or fetus. Debate focuses on whether a pregnant woman should have to notify and/or have the consent of others in the following distinct cases: a minor her parents; a legally married or common-law wife her husband; or a pregnant woman the biological father. In a 2003 Gallup poll in the United States, 72% of respondents were in favor of enforced spousal notification, with 26% opposed; of those polled, 79% of males and 67% of females responded in favor.*
While both sides have sought to influence public opinion (pregnant women, doctors, lawmakers, voters) the main concern has been with influencing the law, and hence attaining legal support for their positions. Both have likewise drawn their rhetorical arguments from various domains, such as religion, philosophy, law morality and social pragmatism. Every aspect is controversial — the lethal nature and personal, social, and moral effects of the procedure are compared against the social burdens, and sometimes physiological dangers, of carrying the fetus to term.
Many of the terms used in the debate are controversial and often seen as incomplete or dishonest. For example, the word "choice" glosses over which specific choice is being considered, and opponents sometimes argue that the usage of this term negates any consideration of the developing embryo or fetus. Likewise, the word "life" doesn't specify what sort of life is being talked about, whether living cells or a living person. For pro-life activists, the implication is that the fetus is "alive" as a separate individual, and therefore deserving of culturally-determined personhood. Pro-choice activists, on the other hand, often disagree with the usage of the term because in such a context it does not take into consideration the life of the pregnant woman herself. Furthermore, the terms used by both sides to designate the embryo or fetus can cause heated debate: the clinical term "fetus" is seen by some as a dehumanization tactic, whereas the term "unborn baby" goes in the opposite direction, equating a fertilized cell with a newborn. Calling a pregnant woman a "mother", in addition to being technically inaccurate, likewise adds emotionalism and glosses over the distance between fertilization and birth.
In the case of the murder of a pregnant woman, some U.S. states have passed laws which respect the status of fetal being as a living person — charging separate counts for woman and fetus. Note that there are people who agree that killing a woman who is known to be pregnant qualifies as a two counts of murder but also support the choice to abort. However, due to polarization, pro-choice advocates who might otherwise support these laws often feel the need to oppose them due to the precedent they create, which might then be turned against abortion rights.
Pro-choice advocates regularly argue in favor of comprehensive sex education in high school, contraceptive use, and greater involvement by parents in the lives of their teens as the three best ways to reduce unintended pregnancies and therefore the need for abortions. They may not necessarily endorse teen sexuality, but pragmatically recognize that it will exist even under "abstinence-only" sex education. They also note that teens taught only abstinence are less likely to use forms of contraception should they have sex, and therefore are more likely to become pregnant and develop STIs.
Most orthodox religious groups are opposed to abortion, some viewing it as murder.
A number of churches and religious groups in the United States of America support the limited right of women to obtain a safe, legal, medically supervised abortion. A partial list of those organizations.
Historically, it is unclear how often the ethics of induced abortion were discussed, since few ancient writers wrote about childbirth. Abortion and infanticide are thought to have been commonplace. Among ancient writers opposed to abortion are Hippocrates of Cos and the Roman Emperor Augustus. The early Christian churches generally opposed abortion, drawing upon early Christian writings such as the Didache (circa 100 A.D.). Since ignorance about pre-natal development prevailed, bans against abortion were in many western countries directed only to the period after "quickening" (the time when the fetus begins moving around, approximately the second trimester). By the mid 19th century, abortion was illegal in the US and much of Europe. In the 1960's, laws against abortion began to change in some parts of the world, but in Germany and Spain abortion is still illegal even in the first trimester, although prosecution is rare. Abortion is legal, and even sometimes encouraged in China and India. In a few countries, such as China, the government sometimes forces women to have abortions.
In the United States, as in many countries, the scientific, religious, and philosophical communities have remained polarized on most of these issues.
During the early part of the twentieth century, illegal abortions in the U.S. were commonplace — often with the knowledge and tacit sanction of officials. The general rule had been that an abortion would not be performed if the child was "quick" or moving within the womb — which generally happens after about four and a half months of gestation. In the 1973 Supreme Court case Roe v. Wade, limits on abortion were established according to gestational trimester periods, establishing a cutoff at the third trimester unless the woman's health was at risk. In subsequent rulings, the Court rejected the trimester framework altogether in favor of a cutoff at the point of fetal viability (Cf. Planned Parenthood v. Casey).
The political debate tends to center on questions of legality, though such debates are often based on moral questions. In the United States today, the political debate centers on two questions:
There are also those who believe that all abortion should be illegal. This could only be accomplished by a constitutional amendment. Despite widespread belief to the contrary, the Supreme Court reversing itself by overturning Roe v. Wade would not outlaw abortion, but rather make the issue a province of the individual states, likely resulting in a patchwork of laws varying from a complete ban in some states to a full guarantee of abortion rights in others.
On November 5, 2003, United States President George W. Bush signed into law the "Partial-Birth Abortion Ban Act" which makes it illegal for anyone to perform partial-birth abortion. However, members of the pro-choice community, represented by the ACLU, filed a lawsuit protesting the law, and the act has been blocked. At present, the matter is unresolved; however, on February 21, 2006, the United States Supreme Court agreed to hear the case.
At this time, it is uncertain if Roe v. Wade would be overturned, but opinion polls consistently show that most Americans accept the court decision as necessary to protect a woman's rights. However, recent shifts in the composition of the high court may change things, especially regarding partial-birth abortion (previously upheld 5-4, Justice Kennedy voting to ban the practice though otherwise supporting abortion rights) where Justice O'Connor (who voted not to ban the practice) has been replaced by Justice Alito (who some believe will vote in favor of a ban).
Related issues, such as requiring parental consent for minors, waiting periods, education, and the "Unborn Victims of Violence Act" are also in contention in some states.
On February 22, 2006, the South Dakota State Senate voted 23 to 12 to ban all abortions in the state except in cases where the woman's life is endangered. * The proposal was signed by the governor on March 6, 2006. *
Although both sides are likely to see the rights-based considerations as paramount, some popular arguments appeal to consequentialist or utilitarian considerations. For example, pro-life advocacy groups (see the list below) sometimes draw attention to the abortion-breast cancer hypothesis, post-abortion syndrome, and other alleged medical and psychological risks of abortion. On the other side, some pro-choice groups (see the list below) claim that criminalizing abortion will lead to the deaths of many women through ‘back-alley abortions’; that unwanted children have a negative social impact (or conversely that abortion lowers the crime rate); or that reproductive rights are necessary to achieve the full and equal participation of women in society and the workforce. Consequentialist arguments on both sides tend to be vigorously disputed, though are not widely discussed in the philosophical literature.
Another family of arguments (see the section on Thomson, below) relates to bodily rights—the question of whether the woman’s bodily rights justify abortion even if the fetus has a right to life. A negative answer would support claim (2) in the central pro-life argument, while an affirmative answer would support claim (2) in the central pro-choice argument.
To help make a distinction between 'person' and 'biological human', Warren notes that we should respect the lives of highly intelligent aliens, even if they are not biological humans. She thinks there is a cluster of properties that characterize persons:Warren 1973: 458. Glover 1977:127 and English 1975: 316-317 also refer to a 'cluster' of properties as constituting personhood.
Other writers apply similar criteria, concluding that the fetus lacks a right to life because it lacks self-consciousness,Michael Tooley argues that the bearer of a right to life must conceive of itself 'as a continuing subject of experiences and other mental states' (Tooley 1972: 44), or must at some time possess 'the concept of a continuing self or mental substance' (Tooley 1984: 218) or rationality and self-consciousness,Singer 2000: 128 and 156-157; Pojman 1994: 281-2 or 'certain higher psychological capacities' including 'autonomy'.McMahan 2002: 260 These writers disagree on precisely which features confer a right to life,On the pro-life side (see below), it is similarly unclear which features one must have a natural capacity for, in order to have a right to life (cf Schwarz 1990: 105-109), or which features constitute a 'future like ours'. but agree those features must be certain developed psychological features which the fetus lacks.
Arguments of this sort face two main objections. The comatose patient objection claims that as patients in a reversible coma do not satisfy Warren's (or other) criteria—they are not conscious, do not communicate, and so on—therefore they would lack a right to life on her view.Marquis 1989: 197; Schwarz 1990: 89; Rogers 1992; Beckwith 1993: 108; Larmer 1995: 245-248; Lee 2005: 263 One response is that 'although the reversibly comatose lack any conscious mental states, they do retain all their unconscious dispositional mental states, since the appropriate neurological configurations are preserved in the brain.'Stretton 2004: 267, original emphasis; see Glover 1977: 98-99; Singer 2000: 137; Boonin 2003: 64-70 This may allow them to satisfy some of Warren’s criteria.
The infanticide objection points out that infants (indeed up to about one year of age, since it is only around then that they begin to outstrip the abilities of non-human animals) have only one of Warren’s characteristics—consciousness—and hence would have to be accounted non-persons on her view; thus her view would permit not only abortion but infanticide. Warren agrees that infants are non-persons (and so killing them is not strictly murder), but denies that infanticide is generally permissible.Warren 1982 For, Warren claims, once a human being is born, there is no longer a conflict between it and the woman's rights, since the human being can be given up for adoption. Killing such a human being would be wrong, not because it is a person, but because it would go against the desires of people willing to adopt the infant and to pay to keep the infant alive.
Nonetheless, Warren grants that her argument entails that infanticide would be morally acceptable under some circumstances, such as those of a desert island. Philosopher Peter Singer similarly concludes that infanticide, particularly of severely disabled infants, is justifiable under certain conditions.Singer 2000: 186-193 And Jeff McMahan grants that under very limited circumstances it may be permissible to kill one infant to save the lives of several others.McMahan 2002: 359-360 Opponents may see these concessions as a reductio ad absurdum of these writers' views; while supporters may see them merely as examples of unpleasant acts being justified in unusual cases.
Grounding the right to life in essential natural capacities rather than accidental developed capacities is said to have several advantages.See Lee 2004: 254-255; Lee and George 2005: 18-19; Schwarz 1990: 108-109 As developed capacities are on a continuum, admitting of greater and lesser degrees—some, for example, are more rational and self-conscious than others—therefore: (1) the 'developed capacities’ view must arbitrarily select some particular degree of development as the cut-off point for the right to life—whereas the 'natural capacities' view is non-arbitrary; (2) those whose capacities are more developed would have more of a right to life on the 'developed capacities' view—whereas the 'natural capacities' view entails we all have an equal right to life; and (3) the continuum of developed capacities makes the exact point at which personhood ensues vague, and human beings around that point, say between one and two years of age, will have a shadowy or indeterminate moral status—whereas there is no such indeterminacy on the 'natural capacities' view.This third point is discussed in McMahan 2002: 261-265
Some defenders of Warren-style arguments grant that these problems have not yet been fully solved,McMahan 2002: 261-265; Stretton 2004: 281-282 but reply that the 'natural capacities' view fares no better. It is argued, for example, that as human beings vary significantly in their natural cognitive capacities (some are naturally more intelligent than others), and as one can imagine a series or spectrum of species with gradually diminishing natural capacities (for example, a series from humans down to amoebae with only the slightest differences in natural capacities between each successive species), therefore the problems of arbitrariness and inequality will apply equally to the 'natural capacities' view.Stretton 2004: 270-274 (both responses); McMahan 2002: 217 (spectrum argument only) In other words, there is a continuum not only of developed but of natural capacities, and so the 'natural capacities' view will inevitably face these problems as well.
These problems aside, some critics reject the 'natural capacities' view on the basis that it takes mere species membership or genetic potential as a basis for respect (in essence a charge of speciesism),McMahan 2002: 209-217; Stretton 2004: 275-276 or because it entails that anencephalic infants and the irreversibly comatose have a full right to life.Stretton 2004: 276 (both points); Boonin 2003: 55 (irreversibly comatose only) Moreover, as with Marquis’s argument (see below), some theories of personal identity would support the view that the fetus will never itself develop complex mental qualities (rather, it will simply give rise to a distinct substance or entity that will have these qualities), in which case the 'natural capacities' argument would fail.
A consequence of this argument is that abortion is wrong in all the cases where killing a child or adult with the same sort of future as the fetus would be wrong. So for example, if involuntary euthanasia of patients with a future filled with intense physical pain is morally acceptable, aborting fetuses whose future is filled with intense physical pain will also be morally acceptable. But it would not do, for example, to invoke the fact that some fetus's future would involve such things as being raised by an unloving family, since we do not take it to be acceptable to kill a five-year-old just because her future involves being raised by an unloving family. Similarly, killing a child or adult may be permissible in exceptional circumstances such as self-defense or (perhaps) capital punishment; but these are irrelevant to standard abortions.
Marquis’s argument has prompted several objections. The contraception objection claims that if Marquis’s argument is correct, then, since sperm and ova (or perhaps a sperm and ovum jointly) have a future like ours, contraception would be as wrong as murder; but as this conclusion is (it is said) absurd—even those who believe contraception is wrong do not believe it is as wrong as murder—the argument must be unsound. One responseStone 1987: 816-817; cf Marquis 1989: 201-202 is that neither the sperm, nor the egg, nor any particular sperm-egg combination, will ever itself live out a valuable future: what will later have valuable experiences, activities, projects, and enjoyments is a new entity, a new organism, that will come into existence at or near conception; and it is this entity, not the sperm or egg or any sperm-egg combination, that has a future like ours.
As this response makes clear, Marquis's argument requires that what will later have valuable experiences and activities is the same entity, the same biological organism, as the fetus.This view, known as 'Animalism' (since it takes you and I to be essentially animals rather than Lockean persons or embodied minds or souls), is defended in Olson 1997 The identity objection rejects this assumption. On certain theories of personal identity (generally motivated by thought experiments involving brain or cerebrum transplants), each of us is not a biological organism but rather an embodied mind or a person (in John Locke’s sense) that comes into existence when the brain gives rise to certain developed psychological capacities.Supporters of the embodied mind view include Tooley 1984: 218-219 (using the term ‘subject of consciousness’); McMahan 2002: ch 1; and Hasker 1999: ch 7. Supporters of the personhood view include Warren 1978: 18; McInerney 1990 (though there is some ambiguity); Doepke 1996: ch 9; and Baker 2000. If either of these views is correct, Marquis’s argument will fail; for the fetus (at least the early fetus, lacking the relevant psychological capacities) would not itself have a future of value, but would merely have the potential to give rise to a different entity, an embodied mind or a person, that would have a future of value. The success of Marquis’s argument thus depends on one’s favored account of personal identity.
The interests objection claims that what makes murder wrong is not just the deprivation of a valuable future, but the deprivation of a future that one has an interest in. The fetus has no conscious interest in its future, and so (the objection concludes) to kill it is not wrong. The defender of Marquis-style arguments may, however, give the counterexample of the suicidal teenager who takes no interest in his or her future, but killing whom is nonetheless wrong and murder.Marquis 1989: 198 If the opponent responds that one can have an interest in one's future without taking an interest in it, then the defender of the Marquis-style argument can claim that this applies to the fetus.Cf Stone 1994: 282 n 4 Similarly, if an opponent claims that what is crucial is having a valuable future which one would, under ideal conditions, desire to preserve (whether or not one does in fact desire to preserve it),Boonin 2003: 70-85 then the defender may ask why the fetus would not, under ideal conditions, desire to preserve its future.
The equality objection claims that Marquis’s argument leads to unacceptable inequalities.Paske 1998: 365; Stretton 2004: 250-260; see also McMahan 2002: 234-235 and 271 If, as Marquis claims, killing is wrong because it deprives the victim of a valuable future, then, since some futures appear to contain much more value than others—a 9 year old has a much longer future than a 90 year old, a middle class person’s future has much less gratuitous pain and suffering than someone in extreme poverty—some killings would turn out to be much more wrong than others. But as this is strongly counterintuitive (most people believe all killings are equally wrong, other things being equal), Marquis’s argument must be mistaken. Some writers have concluded that the wrongness of killing arises not from the harm it causes the victim (since this varies greatly among killings), but from the killing’s violation of the intrinsic worth or personhood of the victim.For example, McMahan 2002: 240-265 However, such accounts may themselves face problems of equality, McMahan 2002: 247-248 and so the equality objection may not be decisive against Marquis's argument.
Finally, the psychological connectedness objection claims that a being can be seriously harmed by being deprived of a valuable future only if there are sufficient psychological connections—sufficient correlations or continuations of memory, belief, desire and the like—between the being as it is now and the being as it will be when it lives out the valuable future.McInerney 1990; McMahan 2002: 271; Stretton 2004: 171-179 As there are few psychological connections between the fetus and its later self, it is concluded that depriving the fetus of its future does not seriously harm it (and hence is not seriously wrong). A defence of this objection is likely to rest, as with certain views of personal identity, on thought experiments involving brain or cerebrum swaps; and this may render it implausible to some readers.
Critics of this argument generally agree that unplugging the violinist is permissible, but claim there are morally relevant disanalogies between the violinist scenario and typical cases of abortion. The most common objection is that the violinist scenario, involving a kidnapping, is analogous only to abortion after rape. In most cases of abortion, it is said, the pregnant woman was not raped but had intercourse voluntarily, and thus has either tacitly consented to allowing the fetus to use her body (the tacit consent objectioneg Warren 1973; Steinbock 1992), or else has a duty to sustain the fetus because the woman herself caused the fetus to stand in need of her body (the responsibility objectioneg Beckwith 1993; McMahan 2002). Other common objections turn on the claim that the fetus is the pregnant woman's child whereas the violinist is a stranger (the stranger versus offspring objectioneg Schwarz 1990; Beckwith 1993; McMahan 2002); that abortion kills the fetus whereas unplugging the violinist merely lets him die (the killing versus letting die objectioneg Schwarz 1990; Beckwith 1993; McMahan 2002); or, similarly, that abortion intentionally causes the fetus's death whereas unplugging the violinist merely causes death as a foreseen but unintended side-effect (the intending versus foreseeing objectioneg Finnis 1973; Schwarz 1990; Lee 1996; Lee and George 2005; cf the doctrine of double effect).
Defenders of Thomson's argument—most notably David BooninBoonin 2003: ch 4—reply that the alleged disanalogies between the violinist scenario and typical cases of abortion do not hold, either because the factors that critics appeal to are not genuinely morally relevant, or because those factors are morally relevant but do not apply to abortion in the way that critics have claimed. Critics have in turn responded to Boonin's arguments.eg, Beckwith 2006 Thomson's argument thus remains highly controversial; but arguably it does at least show that the moral impermissibility of abortion does not obviously and necessarily follow from the claim that the fetus has a right to life.
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