1. Abortion

2. Rights-based Arguments

3. Rights-based Pro-life Argument G A fetus is a person G A person has a right to life G So, a fetus has a right to life G It’s wrong to kill something with a right to life G So, it’s wrong to kill a fetus G Abortion kills a fetus G So, abortion is wrong G A fetus is a person G A person has a right to life G So, a fetus has a right to life G It’s wrong to kill something with a right to life G So, it’s wrong to kill a fetus G Abortion kills a fetus G So, abortion is wrong

4. Personhood G Is a fetus a person? G What is a person? G ‘Person’ is vague and normative: people have rights G We need criteria for being a person G Is a fetus a person? G What is a person? G ‘Person’ is vague and normative: people have rights G We need criteria for being a person

5. Criteria for personhood G Biological: genes, appearance, brain activity (Noonan) G Independence (viability) G Consciousness G Self-consciousness G Physical separation G Autonomy: self-concept, plans for future, etc. (Warren) G Biological: genes, appearance, brain activity (Noonan) G Independence (viability) G Consciousness G Self-consciousness G Physical separation G Autonomy: self-concept, plans for future, etc. (Warren)

6. Four weeks G Genetic pattern established since conception G Heart, eyes, nervous system formed

7. Six weeks G Arms and legs formed G Skeleton complete, reflexes active G Brain waves present G Arms and legs formed G Skeleton complete, reflexes active G Brain waves present

8. Seven weeks G Brain activity present G Appearance complete

9. Eight weeks G Now officially a fetus G All systems in place G Just need to develop and increase size G Now officially a fetus G All systems in place G Just need to develop and increase size

10. Eight weeks

11. Eleven weeks G Arms and legs move, sucks thumb G Inhales and exhales amniotic fluid

12. Twelve weeks

14. Sixteen weeks G Grasps, swims, kicks, turns somersaults

15. Eighteen weeks G Vocal cords work; fetus can cry

16. Twenty weeks

17. Twenty-four weeks

18. After Birth

19. Criteria for Personhood G Conception: genetic makeup G First trimester: appearance, brain activity, consciousness G Second trimester G Third trimester: viability G Birth: physical separation G Well after birth: self-consciousness, autonomy G Conception: genetic makeup G First trimester: appearance, brain activity, consciousness G Second trimester G Third trimester: viability G Birth: physical separation G Well after birth: self-consciousness, autonomy

20. Inadequacy of Later Criteria G Autonomy, self-consciousness: G develop well after birth G So, babies aren’t people G Babies have no right to life G Warren: If it’s wrong to kill them, it’s because other people care about them (like works of art) (!) G Physical separation, viability: G Morally irrelevant G What about people on ventilators, etc.? G Autonomy, self-consciousness: G develop well after birth G So, babies aren’t people G Babies have no right to life G Warren: If it’s wrong to kill them, it’s because other people care about them (like works of art) (!) G Physical separation, viability: G Morally irrelevant G What about people on ventilators, etc.?

21. Two Pro-life Views G Early criteria succeed, and imply that most or all abortions are wrong G Being a person doesn’t depend on having these characteristics, but on a capacity for them— having the right dispositions G An early fetus is like a comatose patient who will recover G Early criteria succeed, and imply that most or all abortions are wrong G Being a person doesn’t depend on having these characteristics, but on a capacity for them— having the right dispositions G An early fetus is like a comatose patient who will recover

22. Fetuses have rights G A comatose patient has a right to life because of what he/she will be able to do G But fetus (generally) will be able to do those same things G So, fetus has a right to life too G A comatose patient has a right to life because of what he/she will be able to do G But fetus (generally) will be able to do those same things G So, fetus has a right to life too

23. Fetuses have rights G A mother who drinks, takes drugs, etc., while pregnant and risks harming her fetus acts immorally G Someone who intentionally injures a fetus acts immorally (Cf. doctor who tore arm off fetus in botched abortion attempt) G But killing someone is worse than injuring them G A mother who drinks, takes drugs, etc., while pregnant and risks harming her fetus acts immorally G Someone who intentionally injures a fetus acts immorally (Cf. doctor who tore arm off fetus in botched abortion attempt) G But killing someone is worse than injuring them

24. Killing what has a right to life G It’s wrong to kill anything with a right to life G A fetus has a right to life G Others have a perfect obligation not to interfere with the fetus’s living G Others have a perfect obligation not to kill the fetus => G Abortion is wrong— in fact, unjust G It’s wrong to kill anything with a right to life G A fetus has a right to life G Others have a perfect obligation not to interfere with the fetus’s living G Others have a perfect obligation not to kill the fetus => G Abortion is wrong— in fact, unjust

25. Can right to life be outweighed? G Punishment: irrelevant G Self-defense: protection of mother’s health (1-3% of abortions) G Prospects of life not worth living (severe defects: <1% of abortions) G Greater good (happiness)? But we don’t let people kill people who might make them unhappy G Privacy? But we don’t let people kill in private G Punishment: irrelevant G Self-defense: protection of mother’s health (1-3% of abortions) G Prospects of life not worth living (severe defects: <1% of abortions) G Greater good (happiness)? But we don’t let people kill people who might make them unhappy G Privacy? But we don’t let people kill in private

26. Rights-based Choice Arguments G Roe v. Wade (Justice Blackmun) G Mother has a right to privacy concerning fundamental liberties G Whether to bear a child is a fundamental choice G So, mother’s right to privacy include a right to abortion G The state may protect the mother’s health before viability; the fetus’s life only thereafter G Roe v. Wade (Justice Blackmun) G Mother has a right to privacy concerning fundamental liberties G Whether to bear a child is a fundamental choice G So, mother’s right to privacy include a right to abortion G The state may protect the mother’s health before viability; the fetus’s life only thereafter

27. Roe v. Wade G First trimester: right to privacy; no regulation G Second trimester: may regulate only to protect mother G Third trimester: viability; may regulate to protect the fetus, but mother’s health comes first G Birth: fetus has full rights G First trimester: right to privacy; no regulation G Second trimester: may regulate only to protect mother G Third trimester: viability; may regulate to protect the fetus, but mother’s health comes first G Birth: fetus has full rights

28. Thomson’s Argument G Thomson criticizes the premise that it’s wrong to kill anything with a right to life G A fetus has a right to life others shouldn’t kill the fetus unjustly G So, we can conclude that abortion is wrong only by showing that it is unjust killing G Justice is prior; stems from mother’s right to her own body G Thomson criticizes the premise that it’s wrong to kill anything with a right to life G A fetus has a right to life others shouldn’t kill the fetus unjustly G So, we can conclude that abortion is wrong only by showing that it is unjust killing G Justice is prior; stems from mother’s right to her own body

29. Violinist G You may unplug yourself from the violinist, even if doing that kills him G You have not given him a right to use your body G So, unplugging yourself is not unjust killing (analogy: rape, <1%) G Burglars and people seeds: voluntary acts done in knowledge that pregnancy might result still don’t give right to use G You may unplug yourself from the violinist, even if doing that kills him G You have not given him a right to use your body G So, unplugging yourself is not unjust killing (analogy: rape, <1%) G Burglars and people seeds: voluntary acts done in knowledge that pregnancy might result still don’t give right to use

30. Obligations to others G Maybe the mother is obligated even so (imperfect rather than perfect obligation) G How much must we do for others? G Our obligations are minimal G But abortion is wrong only if we must be good Samaritans toward others G Maybe the mother is obligated even so (imperfect rather than perfect obligation) G How much must we do for others? G Our obligations are minimal G But abortion is wrong only if we must be good Samaritans toward others

31. Degrees of generosity G Splendid Samaritan: risks life to help others in need G Good Samaritan: endures significant cost to help others in need G Minimally Decent Samaritan: does something to help others in need G Splendid Samaritan: risks life to help others in need G Good Samaritan: endures significant cost to help others in need G Minimally Decent Samaritan: does something to help others in need

32. English’s Argument G Self-defense: You may injure someone somewhat more severely than you are threatened to protect yourself G Abortion is justified if the mother G Faces death or serious injury from continuing the pregnancy G Faces seriously diminished life prospects from pregnancy G But only in early stages G Self-defense: You may injure someone somewhat more severely than you are threatened to protect yourself G Abortion is justified if the mother G Faces death or serious injury from continuing the pregnancy G Faces seriously diminished life prospects from pregnancy G But only in early stages

33. Kantian Pro-life Arguments G Everything has a price or a dignity G Human beings have dignity, not a price G What has a dignity should not be used merely as a means G Abortion generally uses a fetus for the mother’s ends G Abortion is generally wrong G Everything has a price or a dignity G Human beings have dignity, not a price G What has a dignity should not be used merely as a means G Abortion generally uses a fetus for the mother’s ends G Abortion is generally wrong

34. Kantian Pro-life Arguments G Possible exceptions: when abortion does not use fetus for mother’s ends, but done for the sake of the fetus G Prospects of a life not worth living: Severe birth defects, diseases, etc. (< 1% of abortions) G Self-protection (threat to mother’s health: 1-3% of abortions) G Possible exceptions: when abortion does not use fetus for mother’s ends, but done for the sake of the fetus G Prospects of a life not worth living: Severe birth defects, diseases, etc. (< 1% of abortions) G Self-protection (threat to mother’s health: 1-3% of abortions)

35. Kantian Pro-choice Arguments G Isn’t the fetus also using the mother? G Respect for moral agency requires voluntary, informed consent G Respect for the mother’s agency requires her consent G No one has the right to force her consent G Isn’t the fetus also using the mother? G Respect for moral agency requires voluntary, informed consent G Respect for the mother’s agency requires her consent G No one has the right to force her consent

36. Kantian Pro-choice Arguments G Roe v. Wade (Justice Douglas) G People have a right to autonomy over development of intellect, interests, tastes, personality G Freedom to choose lifestyle, including marriage, procreation G Childbirth may deprive woman of preferred lifestyle G So, a woman has a right to abortion G Roe v. Wade (Justice Douglas) G People have a right to autonomy over development of intellect, interests, tastes, personality G Freedom to choose lifestyle, including marriage, procreation G Childbirth may deprive woman of preferred lifestyle G So, a woman has a right to abortion

37. Kantian Pro-life Response G Problem: what are limits on autonomy? May a woman kill her children if they interfere with her preferred lifestyle? G Solutions: I may do what I want so long as I don’t hurt (Mill) or use (Kant) others G But abortion harms and almost always uses the fetus G If the fetus has dignity, that’s immoral G So, the argument depends on the fetus’s status G Problem: what are limits on autonomy? May a woman kill her children if they interfere with her preferred lifestyle? G Solutions: I may do what I want so long as I don’t hurt (Mill) or use (Kant) others G But abortion harms and almost always uses the fetus G If the fetus has dignity, that’s immoral G So, the argument depends on the fetus’s status

38. Suffering G Is a fetus a person? G One option (Bentham’s): “Can it suffer?” G This suggests a criterion: the fetus deserves moral consideration only after it gains the ability to feel pleasure and pain (around 7-8 weeks) G Even after that, its pleasures and pains lack complexity— low quality G Is a fetus a person? G One option (Bentham’s): “Can it suffer?” G This suggests a criterion: the fetus deserves moral consideration only after it gains the ability to feel pleasure and pain (around 7-8 weeks) G Even after that, its pleasures and pains lack complexity— low quality

39. Vagueness G Is a fetus a person? G Another option: Vagueness G Maybe there is no fact of the matter G Maybe ‘person’ is vague; it’s indeterminate whether fetuses are people in a morally significant sense G We have no choice but to decide which social policy is best G Is a fetus a person? G Another option: Vagueness G Maybe there is no fact of the matter G Maybe ‘person’ is vague; it’s indeterminate whether fetuses are people in a morally significant sense G We have no choice but to decide which social policy is best

40. Potential people G But it’s not so simple G To decide which policy is best, we must do moral calculus G But how do we count the interests of fetuses? G We don’t have to count them as 0 or 1, as nothing or as a full adult; we could count their interests as something in between G Their pleasures and pains are low in quality G But it’s not so simple G To decide which policy is best, we must do moral calculus G But how do we count the interests of fetuses? G We don’t have to count them as 0 or 1, as nothing or as a full adult; we could count their interests as something in between G Their pleasures and pains are low in quality

41. Utilitarian Pro-life Arguments G Harms of abortion G Death of the fetus: 1 million last year, 40 million since 1973 G That’s an abortion every 30 seconds; 25- 30% of fetuses die from abortion G Pain of the fetus (half of all abortions performed after the fetus can feel pain) G Harms of abortion G Death of the fetus: 1 million last year, 40 million since 1973 G That’s an abortion every 30 seconds; 25- 30% of fetuses die from abortion G Pain of the fetus (half of all abortions performed after the fetus can feel pain)

42. Utilitarian Pro-life Arguments G Harms of abortion G Loss of future happiness of fetus and all who would have been affected by him/her G Risk of injury, infertility for woman G Loss of respect for life G Increased child abuse G Increased acceptance of euthanasia G Decreased respect for women G Harms of abortion G Loss of future happiness of fetus and all who would have been affected by him/her G Risk of injury, infertility for woman G Loss of respect for life G Increased child abuse G Increased acceptance of euthanasia G Decreased respect for women

43. Utilitarian Pro-life Arguments G Abortion is unnecessary— there are less harmful alternatives G Birth control: 50% of abortions performed on women who used no other form of birth control G 40% of all women who have abortions have more than one G Adoption: 2 million couples waiting to adopt, but only 50,000 babies put up for adoption each year G Abortion is unnecessary— there are less harmful alternatives G Birth control: 50% of abortions performed on women who used no other form of birth control G 40% of all women who have abortions have more than one G Adoption: 2 million couples waiting to adopt, but only 50,000 babies put up for adoption each year

44. Marquis’s Pro-life Argument G What makes death bad, and murder wrong? G The loss of a human future G A fetus has a human future G Abortion deprives it of that future G So, abortion is wrong, and for just the same reason that murder is wrong G What makes death bad, and murder wrong? G The loss of a human future G A fetus has a human future G Abortion deprives it of that future G So, abortion is wrong, and for just the same reason that murder is wrong

45. Utilitarian Pro-choice Arguments G Harms to the mother G Physical harm G Psychological harm G Caring for child can be a burden G Physical and mental health G Distressful life and future G Inability to care for child G Harms to the mother G Physical harm G Psychological harm G Caring for child can be a burden G Physical and mental health G Distressful life and future G Inability to care for child

46. Utilitarian Pro-choice Arguments G Child may suffer G From being unplanned and unwanted G From unhappiness of mother and other family members G From material disadvantages G Legal abortion saves lives of women who otherwise would seek illegal abortions G In 1972, 39 women died from complications of abortion G In 1977, 21 did, though number of abortions more than tripled G Child may suffer G From being unplanned and unwanted G From unhappiness of mother and other family members G From material disadvantages G Legal abortion saves lives of women who otherwise would seek illegal abortions G In 1972, 39 women died from complications of abortion G In 1977, 21 did, though number of abortions more than tripled

47. Burkean Pro-life Arguments G How do we balance competing claims? G Right to life outweighs other rights G We don’t kill sick patients because curing them will be inconvenient, expensive, etc. G Analogies with comatose patients, animals, injury to fetus, premature infants G Experience: consequences of legal abortion have been serious G Legislatures are structured to balance competing interests G How do we balance competing claims? G Right to life outweighs other rights G We don’t kill sick patients because curing them will be inconvenient, expensive, etc. G Analogies with comatose patients, animals, injury to fetus, premature infants G Experience: consequences of legal abortion have been serious G Legislatures are structured to balance competing interests

48. Analogies with neonates

49. Burkean Pro-Choice Arguments G Sometimes abortion is permissible G Sometimes not G There’s no principled way to distinguish permissible cases G Any law about abortion will be unjust, outlawing permissible abortions, or allowing impermissible ones, or both G Best to leave decision to those who can strike best compromise in the circumstances— the woman and her doctor G Sometimes abortion is permissible G Sometimes not G There’s no principled way to distinguish permissible cases G Any law about abortion will be unjust, outlawing permissible abortions, or allowing impermissible ones, or both G Best to leave decision to those who can strike best compromise in the circumstances— the woman and her doctor