Abortion: Two Central Questions, IMS, and Development Timelines

Two central questions in abortion ethics

• The lecturer emphasizes two distinct, central questions that many moral philosophers consider in abortion debates. Keeping them separate helps clarify arguments and assess authors’ positions.
• Key idea: independent moral standing (IMS) or moral importance of the fetus is prior to evaluating abortion permissibility.

Question 1: Does the human fetus have a moral claim to life at any stage?

• Sub-questions under Question 1:
  • At what stage, if any, does the fetus acquire a moral claim to life?
  • If there is a moral claim, how strong is it? Is it a full right to life or something weaker?
• Core concept: IMS = whether the fetus matters morally in itself, independently of others (not just as a potential or as a means).
• Why this matters: Q1 asks about the independent moral standing of the fetus across development; it sets the baseline for whether abortion could ever be morally permissible simply on the grounds of harming a being with moral claims.
• Class notes on how to evaluate authors:
  • Some authors (e.g., Thompson) treat the fetus as having some IMS but argue abortion can still be morally permissible because other considerations (notably the pregnant woman's rights) override.
  • Other authors (e.g., some readings by Warren) address both the existence and the strength of IMS and how it factors into rights.
  • Don Marquis (referred to as Don Mark in the discussion) is given as an example of an author who addresses one aspect (one question) but not the full two-question framework.
• Example positions discussed in class:
  • Judith Jarvis Thompson: argues that even if the fetus has full IMS from conception, abortion can be morally permissible because the mother’s rights can override the fetus’s claims.
  • Mary Ann Warren: discussed as someone who addresses both IMS and the rights-conflict issues.
  • Trinity (student position): grounds IMS in a morally significant attribute (sentience). Before sentience, the fetus may lack independent moral standing; after sentience, the being matters morally, but the mother’s rights can still outweigh in many cases.
  • Megan (student position): suggests fetal sentience may not occur before birth in some views; if so, the fetus may not have strong IMS earlier in development.
  • Christopher (student position): emphasizes viability as a milestone where the fetus gains substantial moral standing; before viability, the mother’s rights override; after viability, the balance is more nuanced.
• Analytical takeaway: Some hold that IMS can exist at conception or early in development, yet abortion can still be morally permissible due to the priority of the pregnant woman's rights. The debate centers on when IMS is strongest and how it interacts with competing rights.

Question 2: If the fetus has some moral claim to life, does it outweigh the rights of the mother?

• Core idea: This question concerns conflicts between rights – whose rights take precedence when a fetus’ IMS implies a claim to life and a pregnant woman has rights to life and liberty.
• The question presupposes some IMS for the fetus; the real issue is how to resolve competing rights when they collide.
• Thompson’s position (as discussed): even with IMS for the fetus, the mother’s rights can override the fetus’ claims, making abortion morally permissible in many cases.
• Possible outcomes depending on the view of IMS:
  • Fetus has full IMS from conception, but maternal rights override in many cases -> abortion permissible in those cases.
  • Fetus’ IMS strengthens as pregnancy progresses (e.g., at viability or sentience), potentially reducing the room for abortion as timing advances.
• Student viewpoints on when fetal claims become strong:
  • Trinity: moral significance arises with a key attribute (sentience); before that, IMS is weak or absent.
  • Christopher: moral standing becomes substantial at viability (when a fetus can survive outside the womb with assistance); prior to viability, maternal rights outrank.
  • Megan: leans toward later moral status, possibly after birth in some readings, implying fewer restrictions on abortion earlier in development.
• Practical implications: The balance of rights can shift as the fetus develops (sentience, brain activity, viability). The ethical analysis often tracks these milestones to determine when abortion becomes more morally constrained.
• Note on the Roe v. Wade context: Many readings treat viability as a central stage for the rights balance; the professor mentions returning to Roe v. Wade to discuss how viability has been used in legal reasoning.

Key concepts and definitions

• Independent moral standing (IMS): A being whose moral status is not solely dependent on others’ interests or relationships; it matters morally in itself.
• Right to life (full right vs. partial rights): Question of whether the fetus has a full-fledged right to life or a weaker moral claim.
• Conflicting rights: A situation in which two agents have rights that cannot both be fully honored; priority must be established for one side.
• Sentience: The capacity to have sensations (pain, pleasure) and conscious experiences; discussed as a potentially morally significant attribute.
• Viability: The stage at which a fetus could survive outside the womb with technological support; often used as a milestone for moral and legal considerations.
• Quickening: Historical term for when a fetus first moves felt by the mother; often tied to older religious conceptions about the soul and moral status.
• Zygote/Embryo/Fetus timeline terminology:
  • Zygote: first 10 days after conception.
  • Embryo: from implantation (roughly 10 days after conception) through about the ninth week (conceptual time) or roughly the first trimester; terminology varies by context.
  • Fetus: after the embryonic period, continuing through birth.
• Conceptional time vs. gestational time:
  • Conceptional time: starts at fertilization/conception.
  • Gestational time: starts at the last menstrual period (LMP), which is about two weeks before conception.
• Relationship between timelines:
  • Gestational time ≈ Conceptional time + 2 ext{ weeks}.
  • Example conversions: if electrical activity begins at 7 ext{ weeks} conceptional time, that corresponds to 9 ext{ weeks} gestational time.
• 14-day rule (lineage of individuality): Some scholars argue that individuality (a single unique individual) does not begin until about 14 ext{ days} after conception because early cells are undifferentiated and twinning is possible; after day 14, cells differentiate and twin-formation limits change.
• Brain activity and morality: Electrical activity in the brain begins around 7 ext{ weeks} conceptional time and around 9 ext{ weeks} gestational time; the moral significance of early brain activity is contested and debated.
• Nonmoral facts in moral reasoning: Scientific facts about development (timelines, brain activity, viability) are crucial inputs into moral arguments, though not themselves moral conclusions.

Fetal development timelines and terminology (handout overview)

• Two timelines used in fetal development discussions:
  • Conceptional time: from fertilization; used in clinical and philosophical discussions of when features arise.
  • Gestational time: from the last menstrual period; used in many medical contexts (e.g., obstetrics).
• Conversion rule:
  • Gestational time = Conceptional time + 2 ext{ weeks}.
• Key milestones and stages:
  • Zygote: first 10 ext{ days} after conception.
  • Embryo: from implantation (≈ 10 ext{ days} after conception) through about the first few weeks; some accounts place the end of the embryonic period around the ninth week gestational time or earlier.
  • Fetus: begins after the embryonic period; terminology varies by community.
  • Individuality debate: Some hold that no single individual exists until about 14 ext{ days} after conception due to undifferentiated cells; after this point, differentiation begins and twinning becomes unlikely.
  • Quickening: felt fetal movement occurs around 16 ext{–}18 ext{ weeks} gestational time (conceptual timing around 14 ext{–}16 ext{ weeks}).
  • Brain activity: electrical activity in the fetal brain begins at about 7 ext{ weeks} conceptional time (≈ 9 ext{ weeks} gestational).
  • Viability: capability of the fetus to survive outside the womb with technology; a central milestone in many legal/ethical discussions (Roe v. Wade context).
• Observations about terminology:
  • Some sources prefer calling the developing entity an embryo from conception onward; others use zygote/embryo/fetus with different thresholds.
  • The term “quickening” historically attached to religious concepts about the soul; its moral weight has diminished in contemporary discussions.

The two focal timelines in practice

• Why two timelines matter: Medical records and ethical arguments rely on different reference points (LMP vs conception) to date milestones like brain activity, viability, and movement.
• Practical conversions to keep arguments consistent:
  • If a fact is stated as occurring at X ext{ weeks conceptional}, it occurs at $X+2 ext{ weeks gestational}.
• Example mappings:
  • Electrical activity begins at 7 ext{ weeks} conceptional → 9 ext{ weeks} gestational.
  • Movement (quickening) around 16 ext{–}18 ext{ weeks} gestational → conceptional around 14 ext{–}16 ext{ weeks}.
  • Sentience/developmental milestones often discussed around 20 ext{ weeks} conceptional → 22 ext{ weeks} gestational for certain markers in discussions; later in the course this becomes a topic of debate.

Sentience, viability, and moral status (student debates)

• Sentience-based views:
  • Some students (e.g., Trinity) argue that sentience (capacity for sensations and conscious awareness) is the morally significant attribute that grounds IMS; a fetus before sentience may lack independent moral standing, while a sentient fetus matters morally.
  • The question then becomes whether maternal rights can override the fetus’s claims even after sentience begins.
• Viability-based views:
  • A fetus gains substantial moral standing at viability (ability to survive outside the womb with tech); prior to viability, the fetus’s claims may be weaker, allowing maternal rights to override in many cases.
• Other positions:
  • Megan: leans toward a view that many fetuses are not sentient before birth; thus, moral status may be weak before birth depending on how one reads sentience and development.
  • Christopher: emphasizes viability as the critical milestone for stronger moral claims; before viability, maternal rights may override.
• The role of scientific evidence:
  • A multidisciplinary meta-analysis (as discussed) highlights late development of certain conscious/sensory capacities; this is a factual matter that can influence moral arguments, though it remains a scientific question with moral significance.
• Ethical implications:
  • If sentience is the key, abortion decisions hinge on whether the fetus attains sentience and whether the mother’s rights still override once sentience arises.
  • If viability is the key, the balance of rights shifts as the fetus approaches viability.

How authors approach the two central questions (class reflections)

• Some authors address only Question 1 (IMS) or only Question 2 (conflicting rights); others address both.
  • Thompson focuses on Question 2 (conflicting rights) while accepting IMS could be present, arguing justification for abortion when maternal rights override.
  • Marquis appears as an example who emphasizes one aspect; exact scope depends on the reading (the lecturer notes he does not address both questions).
  • Warren is cited as addressing both questions.
• Classroom takeaway:
  • When evaluating an author, check whether they discuss both IMS and rights-conflict; if not, the analysis may be incomplete for a full abortion-theory assessment.

Nonmoral facts and their role in moral reasoning

• The instructor stresses that nonmoral facts about fetal development are crucial inputs to moral arguments:
  • Developmental milestones (when zygote becomes embryo, when brain activity begins, when viability occurs).
  • Brain activity timelines and what counts as sentience.
  • Medical/biological facts about fetal growth, viability, and movement.
• These factual details help frame the ethical questions but do not by themselves settle the moral conclusions.

Practical and pedagogical notes from the lecture

• The two central questions are distinct but interrelated; both are essential for a comprehensive view of abortion ethics.
• Authors may differ in which questions they address; identify which questions an author tackles to assess completeness.
• The class engages with both philosophical arguments (e.g., Thompson) and empirical developments (fetal development timelines) to ground ethical analysis.
• The instructor encourages active participation and acknowledges the difficulty of public speaking; students are urged to articulate their positions on IMS and milestones with reference to the two questions.
• For exam preparation: expect questions about how to define IMS, how different fetal-development milestones (sentience, viability, quickening) influence moral status, and how conflicting rights are adjudicated in different theoretical frameworks.

Key takeaways for exam-ready understanding

• The abortion issue centers on two distinct questions:
  • Q1: Does the fetus have a moral claim to life at any stage, and if so, when and how strong is that claim?
  • Q2: If there is a claim, does it outweigh the mother’s rights to life and liberty when conflicts arise?
• IMS is the core notion in Q1; the strength and timing of IMS determine how we weigh abortion decisions.
• Authors differ in emphasis:
  • Thompson: even with fetal IMS, maternal rights can override, making abortion permissible in many cases.
  • Marquis: emphasizes a specific aspect (often more aligned with the moral wrongness of abortion due to depriving a future like ours) and is treated as addressing only one of the questions in some class readings.
  • Warren: engages with both IMS and rights-conflict.
• Fetal-development milestones relevant to moral status discussions include:
  • Zygote/embryo/fetus distinctions and the timeline of differentiation.
  • The 14-day rule for individuality and the twin-formation argument.
  • Brain activity beginning around 7 ext{ weeks} conceptional (≈ 9 ext{ weeks} gestational).
  • Quickening around 16 ext{–}18 ext{ weeks} gestational (≈ 14 ext{–}16 ext{ weeks} conceptional).
  • Viability as a legal/ethical milestone (survival outside the womb with technology).
• Two practical timelines to know:
  • Conceptional time: start at fertilization; key milestones are anchored here.
  • Gestational time: start at the last menstrual period; add roughly 2 ext{ weeks} to obtain conceptional milestones.
• The ongoing debate about the moral relevance of sentience vs. other milestones continues to shape opinions on when abortion is permissible.
• Remember: scientific facts about development and moral theory about rights must be integrated to form coherent, well-supported positions.

Suggested prompts to test understanding

• Explain the difference between Question 1 and Question 2 in abortion ethics and give an example of how an author might address each.
• Define IMS and discuss how it affects the moral permissibility of abortion at conception, during embryonic development, and at viability.
• Compare the views associated with Thompson and Warren on the role of fetal IMS and maternal rights in abortion decisions.
• Describe the two timelines used in fetal development and show how you would convert a milestone from conceptional time to gestational time using the formula ext{gestational time} = ext{conceptional time} + 2\ \text{weeks}.
• List key fetal-development milestones discussed in class (zygote, embryo, fetus, 14-day rule, brain activity onset, quickening, viability) and indicate the gestational/conceptional timing ranges mentioned.