ch 7 bioe

abortion

the ending of a pregnancy

induced abortion

the deliberate termination of a pregnancy by surgical or medical (with drugs) means.

quickening

at about 16 to 20 weeks of pregnancy, a pregnant woman’s experience of fetal movement inside her.

spontaneous abortion (miscarriage)

the unintentional termination of a pregnancy due to a medical disorder or injury

therapeutic abortion

abortion performed to protect the life or health of the mother

viability

the development stage when the fetus can survive outside the uterus

conception

fertilization, i.e., when sperm cell enters ovum to form single-cell zygote

fetus

generally, refers to the unborn from conception to birth; medically, refers to embryo from end of eighth week until birth

roe v. wade (1973)

ruled women have a constitutional, but limited, right to abortion rooted in a right to privacy implied by the 14th Amendment.

first trimester

right to end pregnancy cannot be curtailed by the state

second trimester:

state may regulate, but not prohibit, abortion for the sake of mother’s health

third trimester

after viability, the state may regulate and even ban abortion except when it is necessary to preserve mother’s life or health

dobbs v. jackson women’s health organization

overturned precedent of roe v. wade, ruling that there is no legal right to abortion guaranteed by the constitution

dobbs v. jackson women’s health organization cont.

Allows individual states to regulate abortion access as they see fit.

Impact: new restrictions have imperiled maternal health, failed to lower number of abortions, and placed extra burdens on women of color.

why do people have abortions later in pregnancy?

non-med reasons, fetal anomalies, health risk to the pregnant person

3 main positions on abortion

pro-life, pro-choice, moderate

pro-life position

abortion is never morally acceptable (except possibly to save the mother’s life) because the fetus has the moral status of a person

pro-choice position

abortion is always (or almost always) permissible because the fetus does not have the moral status of a person.

moderate position

abortions permissible in more cases than pro-lifers allow, but in fewer cases than pro-choicers allow

common pro-life argument

1. The unborn is an innocent person from conception.

2. It is wrong to kill an innocent person.

3. Abortion is the killing of an innocent person.

4. Therefore, abortion is wrong.

 Argument is valid.

 Key question is whether Premise 1 is true and, hence, whether the argument is sound

in favor of fetal personhood

 Argument 1: continuous development of unborn from conception to birth

makes it impossible to locate point where personhood emerges.

Most reasonable option: identify personhood with conception.

Problem: commits decision-point fallacy.

 Argument 2: conception is decisive for personhood because it is when genetic code is created.

 Argument 3: fetus is a potential person.

common pro-choice argument

1. The unborn is not a person until birth (and thus does not have a right to life).

2. It is wrong to kill an innocent person.

3. Abortion before birth would not be the killing of an innocent person.

4. If abortion before birth is not the killing of an innocent person, it is permissible.

5. Therefore, abortion before birth is permissible

warren on fetal personhood

 Fetus is genetically human, but not a person in the moral sense.

 Characteristics central to moral concept of personhood:

1. Consciousness

2. The ability to reason

3. Self-motivated activity

4. The capacity to communicate

5. The presence of self-concepts and self-awareness

moderate position

 Some moderates argue fetus becomes a person at some point between

conception and birth (e.g., at viability, quickening, or sentience).

 Other moderates, like Thomson, bypass the issue of personhood.

Thomson’s violinist scenario: even if fetus is a person with full moral rights,

abortion may still be permissible.

Fetus has a right to life but no right to sustain its life by using mother’s body

against her will.

utilitarianism for abortion

by appeal to ill effects prohibition would have forwomen, society, and infants (e.g., in cases of severe birth defects).

 Mill’s view on individual liberty: woman should have freedom to decide what happens to her body (including attached fetus).

This position follows from Mill’s liberty (or harm) principle: We may not interfere with a person’s capacity for self-determination except to prevent harm to others.

utilitarianism against abortion

 But pro-lifers can appeal to consequences to justify prohibition.

E.g., abortions can be distressing, children can bring happiness.

kantian ethics on abortion (fetus = person)

abortion impermissible because fetus has inherent moral worth and cannot be treated as a mere means to an end.

kantian ethics on abortion (fetus not person)

terminating a pregnancy is a permissible exercise of mother’s autonomy

justification of abortion if fetus = person

Therapeutic abortions are consistent with mother’s right to self-defense.

In cases of severe disability, abortion may be a way of respecting fetus’s personhood.

natural law theory on abortion

 Roman Catholicism: fetus is an innocent person from conception, and directly killing any innocent person is wrong.

Directly killing the unborn even to save life of mother (therapeutic abortion) is impermissible.

 Doctrine of double effect: permits therapeutic abortions because the killing of fetus is an unintended yet foreseen effect of saving mother.