With Perry Hendricks, I recently outlined a strengthened version of the impairment argument for the immorality of abortion. Alex Gillham has argued that our use of Don Marquis’ deprivation of a ‘future-like ours’ account entails we were merely restating Marquis’ argument for the immorality of abortion. Here, I explain why SIA is more than just a reframing of Marquis.

Approximately 50 years have passed since Judith Jarvis Thomson wrote A Defense of Abortion (1971). Her article has significantly shaped the philosophical literature on abortion. In this paper, I will summarize some of the interesting and important work done on the topic since Thomson's article. I will highlight Thomson as a defender of the claim that abortion is morally permissible and Don Marquis as an influential opponent of that claim. I will start by articulating Thomson's case, focusing on the violinist (...) analogy. I will underscore key questions, concepts, and objections the analogy raises. I will then examine briefly how philosophers have addressed some of these issues. Next, I will outline Marquis’ work, provide a similar commentary on it, and discuss some of its main responses. I will then survey other philosophers who have addressed abortion beyond the scope of providing specific replies to Thomson or Marquis. I will close by highlighting significant points of agreement and disagreement in the literature, as well as crucial gaps in the current research. The paper is not an attempt to address every work on the topic over the last five decades, nor is it aimed at taking a position on the moral permissibility of abortion. My goal is to provide an overview of the dialectic. (shrink)

Bruce Blackshaw and Perry Hendricks have recently developed and defended the impairment argument against abortion, arguing that the immorality of giving a child fetal alcohol syndrome (FAS) provides us with reason to believe that abortion is immoral. In this paper we forward two criticisms of the impairment argument. First, we highlight that, as it currently stands, the argument is very weak and accomplishes very little. Second, we argue that Blackshaw and Hendricks are fundamentally mistaken about what makes giving a child (...) FAS immoral. Once we acknowledge this, it is clear that our intuitions about giving a child FAS provide no support for the supposed immorality of abortion. (shrink)

Don Berkich has argued that the so-called Trajectory Argument for the moral impermissibility of abortion falls short because it fails to establish that an embryo that never becomes a person has the same rights as an embryo that becomes a person. I argue that Berkich’s argument fails to be convincing, since aborting a particular embryo itself causes the embryo not to become a person, and the premise that abortion would be wrong if it were done with the intention of preventing (...) a particular person’s existence assumes that arbitrary killings are somehow better than targeted ones, which is implausible. Don Berkich a défendu l’idée que «l’argument de la trajectoire», invoqué pour justifier l’inconvenance de l’interruption volontaire de grossesse, est invalide parce qu’il n’établit pas qu’un embryon qui n’est jamais devenu une personne a les mêmes droits qu’un embryon qui devient une personne. Je soutiens que les arguments de Berkich ne sont pas convaincants puisque l’action même d’avorter empêche l’embryon détruit par cet avortement de devenir une personne, et la démonstration de Berkich suppose implicitement que le meurtre arbitraire est meilleur que le meurtre ciblé, ce qui est invraisemblable. (shrink)

Žene su nedovoljno zastupljene u filozofiji, a trudnoća je nedovoljno istražena u filozofiji. Može li se uspostaviti veza između ta dva fenomena? Tvrdit ću da, iako je kontrafaktična tvrdnja "da su žene bile povijesno bolje zastupljene u filozofiji, trudnoća bi bila također zastupljena" možda istinita, to ne znači nužno da sada, u sadašnjosti, možemo očekivati (ili poželjeti) da postoji korelacija. Kako bismo shvatili jaz između ovih dvaju područja nedovoljne zastupljenosti, dovoljno je usvojiti ne-esencijalističko shvaćanje žena kako bismo prepoznali da neke (...) žene ne doživljavaju trudnoću ili nisu zainteresirane za trudnoću (filozofski ili na drugi način). Ipak, s obzirom na povijesno šutnju o trudnoći u filozofiji koju su proživljavale žene, važno je sada ispraviti tu neravnotežu istovremeno obrađujući obje teme nedovoljne zastupljenosti. Kako bih to dalje dokazala, upućujem na razliku između reprezentativne raznolikosti i suštinske raznolikosti (što je povezano s poznatijom razlikom između deskriptivne reprezentacije i suštinske reprezentacije). To će biti tema prvog dijela rada. Zatim, u drugom i trećem dijelu rada, istražit ću nedovoljnu zastupljenost i pogrešno predstavljanje žena u filozofiji, ne samo u smislu nedovoljnog broja žena, već i u smislu načina na koji su žene, kao opći "rod", (mizogino) opisivane u filozofiji kroz povijest. Isti postupak primijenit ću na trudnoću u četvrtom i petom dijelu rada, istražujući kako se tretira kao tema filozofskog istraživanja te kako je pogrešno predstavljena u društvu općenito. Kako bi se pružili dokazi za moje tvrdnje, analiza sadrži pregled literature i navodi statističke kvantitativne podatke i kvalitativno utemeljene intervjue. Završit ću hipotezom o odnosu između ovih nedovoljnih i pogrešnih predstavljanja, te ću ponuditi razmišljanja o budućnosti za žene i trudnoću u filozofiji. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, they are (...) themselves substantive. (shrink)

When is it permissible to allow a newborn infant to die on the basis of their future quality of life? The prevailing official view is that treatment may be withdrawn only if the burdens in an infant's future life outweigh the benefits. In this paper I outline and defend an alternative view. On the Threshold View, treatment may be withdrawn from infants if their future well-being is below a threshold that is close to, but above the zero-point of well-being. I (...) present four arguments in favor of the Threshold View, and identify and respond to several counterarguments. I conclude that it is justifiable in some circumstances for parents and doctors to decide to allow an infant to die even though the infant's life would be worth living. The Threshold View provides a justification for treatment decisions that is more consistent, more robust, and potentially more practical than the standard view. (shrink)

Philosophical Papers, Volume 41, Issue 1, Page 129-147, March 2012.

Intuitively, rape is seriously morally wrong in a way simple assault is not. Yet philosophical disputes about the features of rape that make it the heinous act it is invite a general account of the difference between (mere) wrong-making characteristics and heinous-making characteristics. In this paper I propose just such an account and use it to refute some accounts of the wrongness of rape and refine others. Given these analyses, I close by developing and defending an account of a particularly (...) important heinous-making characteristic of rape. (shrink)

This chapter examines the ethical case that can be mounted for veganism. Because there has been comparatively little discussion in ethics focused directly on veganism, the central aim of this chapter is threefold: to orient readers to (some of) the most important philosophical literature relevant to the topic, to provide a clear explanation of the current state of the ethical case for veganism, and to focus attention on the most important outstanding or underexplored questions in this domain. The chapter examines (...) the range of positions that deserve to be called ethical veganism, and some of the types of reasons that philosophers can potentially appeal to in arguing for veganism. It then spells out the core of the most promising case for veganism, which argues directly for the wrongness of making animals suffer and die. The chapter then considers three ways of arguing from this conclusion to an ethical defense of the vegan lifestyle, which appeal respectively to the ethical significance of the effects of individual use of animal products, of group efficacy, and of complicity with wrongdoing. The chapter concludes by examining several neglected complications facing the ethical case for veganism. (shrink)

This paper argues for what I call modest ethical veganism: the view that it is typically wrong to use or eat products made from or by animals such as cows, pigs, or chickens. The argument has three central parts. First, I argue that a central explanation for the wrongness of causing suffering rests upon what it is like to experience such suffering, and that we have good reasons to think that animals suffer in ways that are relevantly analogous to humans. (...) Second, I argue that animals can have better and worse lives, and that a central explanation for the wrongness of killing is that it deprives the victim of the valuable life that they would otherwise have had. Third, I argue that it is wrong to cooperate with massive wrongdoing. By consuming animal products, we typically support institutions that engage in massive and systematic wrongful treatment of animals. We thus ought to become vegan. (shrink)

Opponents of abortion are commonly said to be inconsistent in their beliefs or actions, and to fail in their obligations to prevent the deaths of embryos and fetuses from causes other than induced...

Recent advancements in developmental biology enable the creation of embryo-like structures from human stem cells, which we refer to as human embryo-like structures (hELS). These structures provide promising tools to complement—and perhaps ultimately replace—the use of human embryos in clinical and fundamental research. But what if these hELS—when further improved—also have a claim to moral status? What would that imply for their research use? In this paper, we explore these questions in relation to the traditional answer as to why human (...) embryos should be given greater protection than other (non-)human cells: the so-called Argument from Potential (AfP). According to the AfP, human embryos deserve special moral status because they have the unique potential to develop into persons. While some take the development of hELS to challenge the very foundations of the AfP, the ongoing debate suggests that its dismissal would be premature. Since the AfP is a spectrum of views with different moral implications, it does not need to imply that research with human embryos or hELS that (may) have ‘active’ potential should be completely off-limits. However, the problem with determining active potential in hELS is that this depends on development passing through ‘potentiality switches’ about the precise coordinates of which we are still in the dark. As long as this epistemic uncertainty persists, extending embryo research regulations to research with specific types of hELS would amount to a form of regulative precaution that as such would require further justification. (shrink)

The impairment argument claims that abortion is immoral, because it results in a greater impairment to a fetus than other actions that are clearly immoral, such as inflicting fetal alcohol syndrome. Alex Gillham argues that the argument requires clarification of the meaning of greater impairment. He proposes two definitions, and points out the difficulties with each. In response, I argue that while the impairment argument’s definition of greater impairment is narrow in scope, it is sufficient for its intended purpose. Broadening (...) its scope to more controversial comparisons of impairment is likely to undermine the intuitive appeal of the impairment principle that the argument is based upon. (shrink)

An important strand in the debate on abortion focuses on the moral status of fetuses. Knowledge of the moral value of fetuses is needed to assess fetuses’ moral status. As Errol Lord argues, acquaintance plays a key role in moral and aesthetic knowledge. Many pregnant persons have acquaintance with their fetus that provides privileged access to knowledge about that fetus’ moral value. This knowledge is (a) very difficult to acquire without being pregnant and (b) relevant for assessing the moral status (...) of fetuses. This has implications for public debate on abortion and the research methods of philosophers working on abortion. (shrink)

This article gives two arguments for believing that our society is unknowingly guilty of serious, large-scale wrongdoing. First is an inductive argument: most other societies, in history and in the world today, have been unknowingly guilty of serious wrongdoing, so ours probably is too. Second is a disjunctive argument: there are a large number of distinct ways in which our practices could turn out to be horribly wrong, so even if no particular hypothesized moral mistake strikes us as very likely, (...) the disjunction of all such mistakes should receive significant credence. The article then discusses what our society should do in light of the likelihood that we are doing something seriously wrong: we should regard intellectual progress, of the sort that will allow us to find and correct our moral mistakes as soon as possible, as an urgent moral priority rather than as a mere luxury; and we should also consider it important to save resources and cultivate flexibility, so that when the time comes to change our policies we will be able to do so quickly and smoothly. (shrink)

As Professor Dov Fox points out in his essay, reference to “potential life” in American abortion jurisprudence is both indeterminate and underspecified. This commentary highlights that use of the phrase “potential life” by courts also obscures the fact that a position has been taken that biological life is not the equivalent of legal personhood. Worse, the position has been imposed on those who do not share it without offering reasons to justify its imposition in terms that those who oppose it (...) can reasonably be expected to endorse. (shrink)

In recent years, the question of whether prospective parents might have a moral obligation to select against disability in their offspring has piqued the attention of many prominent philosophers and bioethicists, and a large literature has emerged surrounding this question. Rather than looking to the most common arguments given in support of a positive response to the abovementioned question, such as those focusing on the harms disability may impose on the child created, duties and role-specific obligations, and impersonal ‘harms’, a (...) less commonly made set of arguments is focused upon which looks to the harms that a decision not to select against disability may impose on others. Three different possible arguments supporting a limited duty of disability avoidance are thus identified and subsequently explored: harms to parents themselves, harms to existing family members, and harms to other existing members of society. (shrink)

Don Marquis argues that his “future of value” account of the ethics of killing affords us a persuasive argument against abortion that avoids difficult questions about the moral status of the fetus. I argue that Marquis’ account is missing essential detail required for the claimed plausibility of the argument and that any attempt to provide this needed detail can be expected to undercut the claim of plausibility. I argue that this is the case because attempts to provide the missing detail (...) are tantamount to accounts of moral status of the sort Marquis claims to avoid and can therefore be expected to have all the familiar problems of such accounts. Finally, I consider the standard problem infanticide poses for a familiar model of personhood and argue that Marquis’ use of this objection as ablanket criticism of personhood accounts is superficial. (shrink)

International guidelines recommend that prenatal screening for fetal abnormalities should only be offered within a non-directive framework aimed at enabling women in making meaningful reproductive choices. Whilst this position is widely endorsed, developments in cell-free fetal DNA based Non-Invasive Prenatal Testing are now raising questions about its continued suitability for guiding screening policy and practice. This issue is most apparent within debates on the scope of the screening offer. Implied by the aim of enabling meaningful reproductive choices is the idea (...) that screening services should support women in accessing prenatal tests that best enable them to realize the types of reproductive choice that they find important. However, beyond whatever options meet the quality standards required for facilitating an informed decision, the remaining criteria of facilitating autonomous choice is strictly non-directive. As a result, policy makers receive little indication prior to consultation with each individual woman, about what conditions should be prioritized during the offer of screening. In this paper we try to address this issue by using the capabilities approach to further specify the non-directive aim of enabling meaningful reproductive choice. The resulting framework is then used to assess the relative importance of offering prenatal screening where concerning different types of genetic condition. We conclude that greater priority may be ascribed to offering prenatal screening for conditions that more significantly diminish a woman’s central capabilities. It follows that serious congenital and earlier-onset conditions are more likely to fulfill these criteria. (shrink)

There is an ongoing debate about whether multifetal pregnancy reduction from twins to singletons (2-to-1 MFPR) is morally permissible. By applying the all or nothing problem to the cases of reducing twin pregnancies to singletons, Räsänen argues that an implausible conclusion seems to follow from two plausible claims: (1) it is permissible to have an abortion and (2) it is wrong to abort only one fetus in a twin pregnancy. The implausible conclusion is that women considering 2-to-1 MFPR for social (...) reasons ought to abort both fetuses rather than just one. To avoid the conclusion, Räsänen suggests that it is best to carry both fetuses to term and give one for adoption. In this article, I argue that Räsänen’s argument fails for two reasons: the inference from (1) and (2) to the conclusion rests on a bridge principle that does not work in certain circumstances, and there is good reason to reject the claim that it is wrong to abort only one fetus. (shrink)

Thought experiments that concoct bizarre possible world modalities are standard fare in debates on personal identity. Appealing to intuitions raised by such evocations is often taken to settle differences between conflicting theoretical views that, albeit, have practical implications for ethical controversies of personal identity in health care. Employing thought experiments that way is inadequate, I argue, since personhood is intrinsically linked to constraining facts about the actual world. I defend a moderate modal skepticism according to which intuiting across conceptually incongruent (...) worlds constitutes ‘invalid intuitioninferences’—i.e., carrying over intuitions gathered from facts about possible worlds that are at odds with facts about the actual world, for the purpose of making claims about real-life persons and their identity, leads to conceptual incongruences. Such a methodological fallout precludes accurate, informative judgments about personal identity in the actual world, calling into question the adequacy of thought experimental considerations for potential real world applications in medical ethics. (shrink)

Don Marquis’s “future-like-ours” argument against the moral permissibility of abortion is widely considered the strongest anti-abortion argument in the philosophical literature. In this paper, I address the issue of whether the argument relies upon controversial metaphysical premises. It is widely thought that future-like-ours argument indeed relies upon controversial metaphysics, in that it must reject the psychological theory of personal identity. I argue that that thought is mistaken—the future-like-ours argument does not depend upon the rejection of such a theory. I suggest, (...) however, that given a widely-accepted view about contraception and abstinence, the argument is committed to contentious metaphysics after all, as it relies upon a highly controversial assumption about mereology. This commitment is not only relevant for those who are inclined to endorse the argument but reject the mereological view in question, but in addition entails dialectical and epistemological liabilities for the argument, which on some views will be fatal to the argument’s overall success. (shrink)

In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility-characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have (...) particular sorts of histories, others have argued that no such history is required. Resolution of this contentious issue is connected to a wide range of concerns, including the significance and culpability of different forms of manipulation, the plausibility of important incompatibilist criticisms of compatibilism, and of course, a satisfactory account of moral responsibility. As it turns out, history matters sometimes, but less frequently than we might think. (shrink)

Confronted with an article defending conclusions that many people judge problematic, philosophers are interested, first of all, in clarifying exactly what arguments are being offered for the views in question, and then, second, in carefully and dispassionately examining those arguments, to determine whether or not they are sound. As a philosopher, then, that is how I would naturally approach the article ‘After-birth abortion: why should the baby live?’, by Alberto Giubilini and Francesca Minerva. Very few philosophical publications, however, have evoked (...) either more widespread attention, or emotionally more heated reactions, than this article has. Because of that, I am going to proceed, initially, in a different fashion, and rather than focusing upon the specific arguments that Giubilini and Minerva offer for their conclusions, I am going to suggest that there are crucial background issues that need to be placed on the table, that any thoughtful reader needs to consider. I shall then go on to discuss how philosophers approach the topic of abortion, and attempt to arrive at sound conclusions concerning its moral status. Finally, I shall offer my assessment of the article by Giubilini and Minerva.What is philosophy? Philosophy and the Socratic challengeMany philosophy journals, because of their focus on intellectual questions that are quite remote from central human concerns, and also likely to involve, sooner or later, some difficult technical issues, have a readership that consists almost entirely of professional philosophers. This is not so, however, in the case of journals concerned with ethical questions, and especially issues of an applied sort, such as are addressed in ‘After-birth abortion’, where interested readers will include, for instance, professional philosophers, and individuals who work in the healthcare and legal professions, and whose philosophical training may well have been very limited. I want to begin, therefore, with some discussion of the nature of philosophy. The importance of …. (shrink)

Bernard Gert argues that, while the moral system contains a procedure for resolving most moral disagreements, it does not allow for such resolution in all cases. For example, it does not allow for the resolution of disputes about whether animals and human fetuses should be included within the scope of those to whom the moral rules apply. I agree with Gert that not all moral debates can be resolved, but I believe that Gert does not use all the argumentative resources (...) available to philosophers to resolve them. I argue that considerations outside the moral system proper can be used to provide argumentative support favoring some positions over their rivals in moral controversies that Gert regards as intractable. I illustrate this with reference to the abortion debate. I also argue that reaching such conclusions about the superiority of one position over rivals need not result in moral arrogance. (shrink)

Jon Shields's finding—that certain evangelical pro‐life activist groups are more interested in deliberative discussions about abortion than are pro‐choice activists—is wrong on methodological, normative, and philosophical grounds. He generalizes about pro‐life civility from a small, trained sample group, and ignores possibly important variables that would explain pro‐choicers' incivility. Further, politeness is not necessarily a requirement of democratic deliberation—which entails not forcing one's own beliefs on the public, as pro‐lifers manifestly are trying to do, despite their calm demeanor. Conversely, some pro‐choicers' (...) refusal to engage in debates is not a deliberative failure, as Shields suggests, as deliberation includes such things as campaigning and canvassing. Lastly, Shields, and the pro‐lifers he has observed, use the weakest of the pro‐choice arguments, instead of focusing on the best academic work in the field. (shrink)

In my essay, a critique of “the best secular argument against abortion” I reconstructed and criticised two versions of Don Marquis’s well-known argument against abortion. In critiquing the version I call the “essence argument”, I presented counterexamples to one of the premises in that argument. In this issue of the journal, Ezio Di Nucci takes note of the fact that I used the term “valuable future” in the premise but used the term “future like ours” in the counterexamples. Because the (...) terms are different, Di Nucci claimed that my counterexamples had no bearing on the premise and are therefore unsuccessful. The main error in Di Nucci’s objection is a failure to acknowledge that Marquis uses the terms “valuable future” and “future like ours” interchangeably. For the purpose of reconstructing Marquis’s argument, the term “valuable future” is to be taken in a sense that means the same as “future like ours”. Once this point is recognised, Di Nucci’s objection falls apart. (shrink)

In an earlier essay in this journal I critiqued Don Marquis's well-known argument against abortion. I distinguished two versions of Marquis's argument, which I refer to as ‘the essence argument’ and ‘the sufficient condition argument’. I presented two counterexamples showing that the essence argument was mistaken, and I argued that the sufficient condition argument should be rejected because Marquis had not adequately responded to an important objection to it. In response to my critique, Marquis put forward in this journal a (...) revised version of his argument. In his modified approach he no longer advocates the essence argument and he offers a new version of the sufficient condition argument. In the current essay, I discuss how Marquis's revised argument deals with my original objections, and I argue that his new sufficient condition argument is unsuccessful. (shrink)

ABSTRACT In ‘The Pro‐Life Argument from Substantial Identity: A Defence’, Patrick Lee argues that the right to life is an essential property of those that possess it. On his view, the right arises from one's ‘basic’ or ‘natural’ capacity for higher mental functions: since human organisms have this capacity essentially, they have a right to life essentially. Lee criticises an alternative view, on which the right to life arises from one's ‘developed’ capacity for higher mental functions (or development of some (...) other accidental property). I argue that his criticisms of this alternative view are misguided or self‐defeating, and that there are good reasons to hold we have a right to life accidentally rather than essentially. (shrink)

Francis Beckwith’s Defending life: a moral and legal case against abortion choice defends the pro-life position on moral, legal and political grounds. In this critical notice I consider three key issues and argue that Beckwith’s treatment of each of them is unpersuasive. The issues are: (1) whether abortion is politically justified by the principle that we should err on the side of liberty in the face of reasonable disagreement over the moral status of the fetus; (2) whether the fetus’s natural (...) capacity or genetic propensity to develop rationality and communication is sufficient to give it a moral right to life; and (3) whether abortion is morally justified on the basis of bodily rights. I also show that Beckwith’s book fails to consider several important issues and arguments. (shrink)

Don Marquis has put forward a non-religious argument against abortion based on what he claims is a morally relevant similarity between killing adult human beings and killing fetuses. He asserts that killing adults is wrong because it deprives them of their valuable futures. He points out that a fetus’s future includes everything that is in an adult’s future, given that fetuses naturally develop into adults. Thus, according to Marquis, killing a fetus deprives it of the same sort of valuable future (...) that an adult is deprived of in being killed and this makes abortion seriously wrong. Commentators have raised a number of objections to Marquis’s argument, to which he has satisfactorily responded. In this paper, difficulties with Marquis’s argument that have not been considered by previous commentators are pointed out. A main thesis of this paper is that Marquis does not adequately defend his argument against several important objections that he himself has raised. These new considerations support the view that Marquis’s argument is unsuccessful. (shrink)

Embryonic stem cell research is morally and politically controversial because the process of deriving the embryonic stem cells kills embryos. If embryos are, as some would claim, human beings like you and me, then ES cell research is clearly impermissible. If, on the other hand, the blastocysts from which embryonic stem cells are derived are not yet human beings, but rather microscopic balls of undifferentiated cells, as others maintain, then ES cell research is probably morally permissible. Whether the research can (...) be justified depends on such issues as its cost, chance of success, and numbers likely to benefit. But this is an issue for any research project, not just ES cell research. What makes the debate over ES cell research controversial is that it, like the debate over abortion, raises “questions that politicians cannot settle: when does human life begin, and what is the moral status of the human embryo?” This paper looks at several theories of moral status and their implications for embryo research. (shrink)

Applied ethics is relatively new on the philosophical scene, having grown out of the various civil rights movements of the 1950s and 1960s, as well as the student demand that college courses be relevant. Even today, there are those who think that there are no philosophically interesting practical ethical questions, and that applied ethics is not a branch of philosophy at all. This article rejects that view, both because some of the most interesting and respectable philosophers in the world have (...) worked in applied ethics and because applied ethics has been the source of many difficult conceptual questions in theoretical ethics and even metaphysics. These include the grounds for moral status, human identity, how to conceive rights in general and the right to life in particular, the question whether existence itself can be a harm (the nonidentity problem), and the nature of moral principles. (shrink)

In the near future developments in non-invasive prenatal testing may soon provide couples with the opportunity to test for and diagnose a much broader range of heritable and congenital conditions than has previously been possible. Inevitably, this has prompted much ethical debate on the possible implications of NIPT for providing couples with opportunities for reproductive choice by way of routine prenatal screening. In view of the possibility to test for a significantly broader range of genetic conditions with NIPT, the European (...) Society of Human Genetics and American Society of Human Genetics recommend that, pending further debate, prenatal screening for reproductive choice should only be offered where concerning serious congenital conditions and childhood disorders. In support of this recommendation, the ESHG and ASHG discuss a number of ethical issues on which they prompt further debate: the informational privacy of the future child, the trivialization of abortion, the risk of information overload, and issues of distributive justice. This paper responds to this call with further reflection on each ethical issue and how it relates to the moral justification of providing couples with opportunities for meaningful reproductive choice. The paper concludes that whilst there may be good reasons for qualifying the scope of any unsolicited prenatal screening offer to serious congenital conditions and childhood disorders, if prenatal screening is justified for providing couples with opportunities for meaningful reproductive choice, then health services may have obligations to empower couples with the same opportunity where concerning other conditions. (shrink)

Developments in Non-Invasive Prenatal Testing (NIPT) and cell-free fetal DNA analysis raise the possibility that antenatal services may soon be able to support couples in non-invasively testing for, and diagnosing, an unprecedented range of genetic disorders and traits coded within their unborn child’s genome. Inevitably, this has prompted debate within the bioethics literature about what screening options should be offered to couples for the purpose of reproductive choice. In relation to this problem, the European Society of Human Genetics (ESHG) and (...) American Society of Human Genetics (ASHG) tentatively recommend that any expansion of this type of screening, as facilitated by NIPT, should be limited to serious congenital and childhood disorders. In support of this recommendation, the ESHG and ASHG cite considerations of distribution justice. Notably, however, an account of justice in the organization and provision of this type of screening which might substantiate this recommendation has yet to be developed. This paper attempts to redress this oversight through an investigation of Norman Daniels’ theory of Just health: meeting health needs fairly. In line with this aim, the paper examines what special moral importance (for Just health) screening for the purpose of reproductive choice might have where concerning serious congenital and childhood disorders in particular. The paper concludes that screening for reproductive choice where concerning serious congenital and childhood disorders may be important for providing women with fair opportunity to protect their health (by either having or not having an affected child). (shrink)

International guidelines recommend that prenatal screening for fetal abnormalities should only be offered within a non-directive framework aimed at enabling women in making meaningful reproductive choices. Whilst this position is widely endorsed, developments in cell-free fetal DNA based Non-Invasive Prenatal Testing are now raising questions about its continued suitability for guiding screening policy and practice. This issue is most apparent within debates on the scope of the screening offer. Implied by the aim of enabling meaningful reproductive choices is the idea (...) that screening services should support women in accessing prenatal tests that best enable them to realize the types of reproductive choice that they find important. However, beyond whatever options meet the quality standards required for facilitating an informed decision, the remaining criteria of facilitating autonomous choice is strictly non-directive. As a result, policy makers receive little indication prior to consultation with each individual woman, about what conditions should be prioritized during the offer of screening. In this paper we try to address this issue by using the capabilities approach to further specify the non-directive aim of enabling meaningful reproductive choice. The resulting framework is then used to assess the relative importance of offering prenatal screening where concerning different types of genetic condition. We conclude that greater priority may be ascribed to offering prenatal screening for conditions that more significantly diminish a woman’s central capabilities. It follows that serious congenital and earlier-onset conditions are more likely to fulfill these criteria. (shrink)

This paper examines accounts of the moral wrongness of killing persons in addition to determining what conclusions, if any, can be drawn from the morality of killing persons about the equality of persons, and vice versa. I will argue that a plausible way of thinking about the moral wrongness of killing implies that the permissibility of killing innocent, nonthreatening persons depends on a person’s age. I address objections to this conclusion and discuss some potential implications of the view.

Can discussion with members of the public show philosophers where they have gone wrong? Leslie Cannold argues that it can in her 1995 paper ‘Women, Ectogenesis and Ethical Theory’, which investigates the ways in which women reason about abortion and ectogenesis. In her study, Cannold interviewed female non-philosophers. She divided her participants into separate ‘pro-life’ and ‘pro-choice’ groups and asked them to consider whether the availability of ectogenesis would change their views about the morality of dealing with an unwanted pregnancy. (...) The women in Cannold’s study gave responses that did not map onto the dominant tropes in the philosophical literature. Yet Cannold did not attempt to reason with her participants, and her engagement with the philosophical literature is oddly limited, focussing only on the pro-choice perspective. In this paper, I explore the question of whether Cannold is correct that philosophers’ reasoning about abortion is lacking in some way. I suggest that there are alternative conclusions to be drawn from the data she gathered and that a critical approach is necessary when attempting to undertake philosophy informed by empirical data. (shrink)

Could it be that if a fetus is not a person abortion is still immoral? One affirmative answer comes in the form of ‘The Impairment Argument’, which utilizes ‘The Impairment Principle’ to argue that abortion is immoral even if fetuses lack personhood. I argue ‘The Impairment Argument’ fails. It is not adequately defended from objections, and abortion is, in fact, a counterexample to the impairment principle. Furthermore, it explains neither what the wrong-making features of abortion are nor what features of (...) fetuses ground their supposed moral significance. By presupposing the fetus lacks personhood and providing no alternate account of the basis of fetuses’ moral significance, there is nothing to constitute abortion’s wrongness. Attempts to modify it fail for the same reasons. Thus, the impairment argument fails to show abortion is immoral. (shrink)

Opposition to induced abortion rests on the belief that fetuses have a moral status comparable to beings like us, and that the loss of such a life is tragic. Antiabortion, or pro-life, theorists argue that it is wrong to induce abortion and it is wrong to allow others to perform induced abortion. However, evidence suggests that spontaneous abortion kills far more fetuses than induced abortion, and critics argue that most pro-life theorists neglect the threat of spontaneous abortion and ought to (...) do more to prevent it. Friberg-Fernros contends such an obligation would be implausibly strong, arguing that induced abortions are far worse than spontaneous abortions because while both involve the tragedy of the death of the fetus, induced abortion involves a second tragedy—one person killing another. I argue this two tragedies argument fails to explain what is morally relevant about induced abortion. (shrink)

In his recent article “Even if the fetus is not a person, abortion is immoral: The Impairment Argument,” Perry Hendricks sets out to sidestep thorny metaphysical questions regarding human fetuses and present a new argument against abortion – if impairing a fetus with fetal alcohol syndrome is immoral, then killing the fetus is immoral. Hendricks takes inspiration from Judith Jarvis Thomson’s defense of abortion – that even if fetuses are persons with a right to life, the right to life is (...) not the right to use others, so it is acceptable to induce abortion. Together with Bruce Blackshaw, Hendricks set out to strengthen the impairment argument by appealing to Don Marquis’s future like ours (FLO) account of the wrongness of killing. Here I argue the impairment argument falls short in three ways. First, Hendricks and Blackshaw fail to assume fetuses aren’t persons, broadly construed. Second, they fail to show that impairing a fetus is immoral. Third, they overlook abortions that (merely) let the fetus die. Finally, I argue Thomson’s defense of abortion preempts the significance of the impairment argument; Thomson seems to show that even if killing a fetus is prima facie immoral, women still have the right to induce abortion. (shrink)

Most opponents of abortion (OA) believe fetuses matter. Critics argue that OA act inconsistently with regards to fetal life, seeking to restrict access to induced abortion, but largely ignoring spontaneous abortion and the creation of surplus embryos by IVF. Nicholas Colgrove, Bruce Blackshaw, and Daniel Rodger call such arguments inconsistency arguments and contend they do not matter. They present three objections to these arguments — the other beliefs, other actions, and hypocrisy objection. Previously, I argued these objections fail and threaten (...) to undermine ethical inquiry. Colgrove et al. have recently replied, but here, I argue their reply fails as well and raises a new criticism of the other actions’ objection. This essay sets out to show, as well as any philosophical argument can, that inconsistency arguments are morally significant. (shrink)

Most opposition to induced abortion turns on the belief that human fetuses are persons from conception. On this view, the moral status of the fetus alone requires those in a position to provide aid—gestational mothers—to make tremendous sacrifices to benefit the fetus. Recently, critics have argued that this pro-life position requires more than opposition to induced abortion. Pro-life theorists are relatively silent on the issues of spontaneous abortion, surplus in vitro fertilisation human embryos, and the suffering and death of born (...) persons due to lack of access to food, shelter and medical care. Colgrove et al call such arguments inconsistency arguments, arguing they ‘do not matter’ and mischaracterise them as ad hominem attacks. Here, I argue these are better understood as moral dilemmas. While some critics argue pro-life inaction is evidence that they do not really believe human fetuses are persons, I contend this inaction is likely the result of resolvable confusion rather than moral negligence. (shrink)

Are embryos deserving of moral consideration in our actions? A standard view suggests that embryos are considerable only if they have interests. One argument for embryonic interests contends that embryos are harmed by death because they are deprived of valuable future lives as adult persons. Some have challenged this argument on the grounds that embryos aren’t identical to adults: either due to the potential for embryos to twin or because we do not exist until the fetus develops consciousness. These arguments (...) fail to show that embryos do not have future adult lives. There is a better reason to think that embryos cannot have interests; namely, because they are not capable of having desires. Others have held this view but have not sufficiently justified it. The justification lies in the fact that the capacity for desires is necessary to make sense of the normativity of interests. (shrink)

Many people believe human fetuses have the same moral status as adult human persons, that it is wrong to allow harm to befall things with this moral status, and thus voluntary, induced abortion is seriously morally wrong. Recently, many prochoice theorists have argued that this antiabortion stance is inconsistent; approximately 60% of human fetuses die from spontaneous abortion, far more than die from induced abortion, so if antiabortion theorists really believe that human fetuses have significant moral status, they have strong (...) moral obligations to oppose spontaneous abortion. Yet, few antiabortion theorists devote any effort to doing so. Many prochoice theorists argue that to resolve this inconsistency, antiabortion theorists should abandon their opposition to induced abortion. Here, I argue that those who do not abandon their opposition to induced abortion but continue to neglect spontaneous abortion act immorally. Aristotle argues that moral responsibility requires both control and awareness; I argue that once an antiabortion theorist becomes aware of the frequency of spontaneous abortion, they have a strong moral obligation to redirect their efforts towards combating spontaneous abortion; failure to do so is morally monstrous. (shrink)