1. Abortion

2. THE ABORTION PROBLEM
Two basic principles come into conflict in relation to abortion: the Value of Life Principle and the Principle of Individual Freedom
When does human life begin, and at what point is it to be valued and protected?
Abortion involves two conflicting absolutes:
A conceptus has an absolute right to life
A woman has absolute rights over her body/ life

3. THE LEGAL STATUS OF ABORTION IN THE UNITED STATES
Abortion has gone through various stages of acceptance and rejection in American history
In 1973, the Supreme Court essentially made abortion legal in the first two trimesters of a woman’s pregnancy but allowed states to forbid abortion in the third trimester except in the case of a serious threat to the life of the mother

4. THE LEGAL STATUS OF ABORTION IN THE UNITED STATES
In July 1989, in Webster v. Reproductive Health Services, the Court allowed states to put some restrictions on abortions when federal and state funds were used and did away with the trimester system
In July 1992, in Planned Parenthood v. Casey, the Court allowed further restrictions while at the same time upholding a woman’s right to choice

5. ARGUMENTS AGAINST ABORTION
Believes in the genetic view of the beginning of human life – that human life begins at conception
The sanctity of human life:
The right to life is absolute, especially the right of innocent, unborn life
Every unborn “child” must be regarded as a human person with all the rights of a person from the moment of conception on

6. ARGUMENTS AGAINST ABORTION
The Domino argument
One proof of its validity cited by pro-life groups is that Hitler started his history of atrocities by legalizing abortion
Abortion is both medically and psychologically harmful to women
The danger of pregnancy to a mother’s life is almost nonexistent because of medical and technological advances

7. ARGUMENTS AGAINST ABORTION
There are viable alternatives to abortion
Adoption, child welfare agencies
Economics cannot be a consideration when human life is concerned
Women must accept full responsibility for their sexual activities
Innocent life cannot be sacrificed because of carelessness or indiscretion

8. ARGUMENTS AGAINST ABORTION
Rape or incest usually do not present problems because contraceptives often can be used in time
When they can’t, however, even such means of conception do not justify the taking of innocent lives

9. ARGUMENTS FOR ABORTION
Women have absolute rights over their bodies, and the conceptus is part of a woman’s body until birth
A conceptus cannot be considered a human life until birth

10. ARGUMENTS FOR ABORTION
Unwanted/deformed children should not be brought into the world
Abortion is more responsible than burdening society

11. ARGUMENTS FOR ABORTION
Abortion is a no-risk medical procedure
Medical and psychological problems are much greater for women who go through pregnancies than for those who have abortions
The Domino argument used by pro-life groups is not supported by hard evidence
Hitler’s overall motives for permitting abortions were not at all the same as the motives of today’s women

12. ARGUMENTS FOR ABORTION
Pregnancies resulting from rape and incest should never have to be gone through by any women, because of the horror of the circumstances of the conception

13. ARGUMENTS FOR ABORTION
Women do have responsibilities for their sexual activities, and having abortions when necessary is a part of these responsibilities
Abortion is and must be totally a matter of the woman’s choice – no one else should be able to interfere

14. THE MORE MODERATE POSITIONS ON ABORTION
The strong pro-life and pro-choice positions present an unresolvable conflict of absolutes
There is no absolute right to life, even though the Value of Life principle is important
There is also no absolute right over one’s body and life, even though it is a strong right

15. THE MORE MODERATE POSITIONS ON ABORTION
The problem of when life begins may be considered through a synthesis
The pro-life position draws the line (for when life begins) too early
The moderate favors the developmental view of when life beings, which states that life does indeed begin at conception but gains value as it develops through the gestation period

16. Abortion: Ethical Theory
Two types of questions:
The moral question: Is abortion right?
The legal question: What should the law allow?
Discussion Questions: Is it possible for someone to plausibly hold opposite opinions on the legal and moral questions? That is, is there a logical contradiction in someone’s believing that abortion is morally wrong but that it should be legal (or vice versa)?

17. Roe v. Wade (1973)
In the first trimester, a woman’s right to an abortion is unrestricted.
After the first trimester, a state may regulate (but not ban) abortion to protect the mother’s health.
After the fetus becomes viable, the state may regulate or forbid abortions in the interests of “the potentiality of human life” except when abortion is necessary to preserve the woman’s life or health.
Discussion Question: The Supreme Court maintained that a woman’s right to an abortion is based on a fundamental right of personal privacy. Do you believe that a person has a moral right to personal privacy?

18. Moral Theories – 1
Act-utilitarianism: An abortion is morally right if it results in the greatest overall happiness, everyone considered. If not, an abortion is wrong.
Rule-utilitarianism: Generally following a rule, such as “Abortion is not morally permissible except to save the mother’s life,” will maximize happiness. Or, alternatively, the rule could be "Abortion is morally permissible in most cases."
Discussion Question: What is the difference between the way a utilitarian would reason about the morality of abortion and the way that a natural law theorist would?

19. Moral Theories – 2
Kant’s theory (if the fetus is a person): The fetus has rights, and these rights cannot be overridden merely for utility’s sake. In this view, abortion would seem to be rarely justified.
Kant’s theory (if the fetus is not a person): The fetus—like any other nonperson—can be used as a means to an end, whereas the mother must be treated as an end in herself.
Discussion Question: What is the difference between the way a Kantian would reason about the morality of abortion and the way that a utilitarian would?

20. Moral Theories – 3
Traditional natural law theory: The fetus is a person with full moral rights; it is always morally wrong to directly, intentionally kill the innocent.
Doctrine of double effect: An action that has the unintended side effect of aborting the fetus may be morally acceptable.
Discussion Questions: According to traditional natural law theory, intentionally killing a fetus through abortion—even to save the mother’s life—is wrong. Do you think this strict ban on abortion, which may result in the mother’s death, is justified? Why or why not?

21. Moral Arguments – 1 A conservative argument:
The unborn is an innocent person from conception.
It is wrong to kill an innocent person.
Abortion is the killing of an innocent person.
Therefore, abortion is wrong.
To evaluate this argument, we must determine (1) whether the conclusion follows from the premises and (2) whether the premises are true.
Discussion Questions: Is Premise 1 true? How could someone try to show that it is true?

22. Moral Arguments – 2
A conservative argument that the unborn is an innocent person from conception:
No unambiguous point of personhood can be located in fetal development, so the most reasonable option is to identify personhood with conception.
Discussion Questions: How can an opponent of this argument try to show that it is fallacious? Do you think this counterargument succeeds? Why or why not?

23. Moral Arguments – 3
Another conservative argument for personhood at conception:
At conception, there is a dramatic increase in the probability that a mature human will result.
This boost in probabilities comes from the appearance of complete human genetic code (DNA).
Therefore, the most plausible view is that personhood begins at conception.
Discussion Questions: Is this a good argument? Why or why not?

24. Moral Arguments – 4 Another conservative argument:
Although the fetus may not be a person, it has the potential to become a person and is therefore entitled to the same rights as full- fledged persons.
Discussion Questions: What is the critics’ response to this argument? Is their criticism well founded? Why or why not?

25. Moral Arguments – 5 A rejection of the “potential” argument:
“This argument is implausible, since in no other case do we treat the potential to achieve some status entailing certain rights as itself entailing those same rights.”
For example: “Every child born in the United States is a potential voter, but no one under the age of 18 has the right to vote in that country.”
Discussion Question: Does this response successfully counter the “potential” argument?

26. Moral Arguments – 6 A common liberal argument:
The unborn is not a person until birth (and thus does not have a right to life).
It is wrong to kill an innocent person.
Abortion before birth would not be the killing of an innocent person.
If abortion before birth is not the killing of an innocent person, it is permissible.
Therefore, abortion before birth is permissible.
Discussion Question: How might a liberal defend Premise 1?

27. Moral Arguments – 7
The liberal and conservative arguments accept the same premise:
“It is wrong to kill an innocent person.”
Thus, the liberal and the conservative agree on the immorality of murder.
Discussion Question: What is the main point of disagreement between the liberal and conservative?

28. Moral Arguments – 8 Mary Anne Warren’s personhood argument:
There are five characteristics that are most important to our idea of personhood:
consciousness
the ability to reason
self-motivated activity
the capacity to communicate
the presence of self-concepts and self-awareness
Any being that has none of these traits is unquestionably not a person.
Since a fetus lacks all these traits, we have to conclude that it is not a person.
Discussion Questions: What counterargument could a conservative make in this case? Does it successfully undermine Warren’s argument?

29. Moral Arguments – 9 The conservative’s reply to Warren:
If Warren’s view of personhood is correct, then a fetus is not a person—but neither is a newborn.
It is doubtful that a newborn—or perhaps even an older baby—can meet Warren’s criteria for personhood.
Discussion Questions: This argument essentially says that the liberal (Warren’s) view would sanction infanticide. Is this a fair reply to Warren? What is the liberal’s reply to this infanticide criticism?

30. Moral Arguments – 10
Another conservative argument against the liberal position:
The liberal implies that the unborn is a person at birth but not a person even an hour before birth (abortion is immoral after birth but permissible an hour before).
But the physiological and psychological differences between the born and unborn are virtually nil.
Thus, the liberal’s distinction seems arbitrary.
Discussion Questions: Is this a good argument? How might a liberal respond to it?

31. Moral Arguments – 11 A moderate approach:
The fetus becomes a person (and acquires full rights) some time after conception and before birth—for example, at viability, quickening, or sentience.
Discussion Question: How are these developmental milestones problematic?

32. Moral Arguments – 12 Judith Jarvis Thomson’s moderate approach:
Even if we grant that the fetus is a person with full moral rights, abortion still may be permissible in certain cases—more cases than the conservative would permit and fewer than the liberal would permit.
Discussion Questions: Consider Thomson's violinist scenario. Do you think it works well as an analogy for pregnancy (particularly unwanted pregnancy)? What cases would the violinist analogy cover, and thus imply that abortion would be permissible, and what cases would not be covered?

33. Moral Arguments – 13 Thomson’s argument:
Whether or not the unborn has a right to life, it does not have a right to sustain its life by using the mother’s body against her will.
The mother has a right to defend herself against the unborn’s use of her body against her will (a right to have an abortion).
The unborn uses the mother’s body against her will when the pregnancy is the result of rape, incest, or defective contraception.
Therefore, abortion is permissible in cases of rape, incest, or defective contraception.
Discussion Questions: According to Thomson, when is pregnancy not the mother’s fault? What are the common replies to Thomson’s argument?

34. Credits This concludes the PowerPoint slide set for Chapter 9
Doing Ethics: Moral Reasoning and Contemporary Issues
Fifth Edition (2019) by Lewis Vaughn.
Copyright © 2019 W. W. Norton & Company