This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess in order to have a serious right to life. The approach involves defending, then, a basic principle (...) specifying a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

When restrictive abortion policies are presented there are often two questions posed: will there be an exception to save the life of the ‘mother’ and will there be an exception in the case of rape or incest. This article will demonstrate that there are no distinctive elements to the first ‘exception’, that do not also apply to all abortions on demand. Through consideration of the potentially lethal impacts of pregnancy on physical and mental health, the case will be made (...) that all requested abortions fit the criteria of ‘medically necessary’. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and (...) the moral relevance of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if (...) the fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

We ought to treat others’ moral views with respect, even when we disagree. But what does that mean? This paper articulates a moral obligation to make ourselves open to sincere moral persuasion by others. Doing so allows us to participate in valuable relationships of reciprocal respect for agency. Yet this proposal can sound tritely agreeable. To explore its full implications, the paper applies the general obligation to one of the most challenging topics of moral disagreement: the morality of abortion. (...) I consider and reject arguments that abortion decisions have special features exempting them from the obligation to be open to moral persuasion. Further, I argue that viewing fetal ultrasound images can accomplish morally persuasion. Accordingly, in at least some cases a woman seeking abortion has an obligation to view fetal ultrasound images as a means of being open to moral persuasion. However, this conclusion does not support recent laws compelling women seeking abortion to view ultrasound images; such laws are in fact incompatible with the respect for agency that underwrites the obligation to be open to persuasion. (shrink)

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not (...) alone did it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)

Introduction: bearing politics -- Abortion, sin, and the state -- A history of the abortion debate -- Conceiving the nation: representations of abortion in Thailand -- Corrupt girls, victims of men, desperate women: representations of women who abort -- 'A small sin': everyday acts -- 'The truth of our day by day lives': situational ethics -- Global debates, local dilemmas.

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus (...) we are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

Arguments are nowadays often presented as soundbites: as slogans, tweets, memes and even gifs. Arguments developed in detail often meet the response TL;DR (Too Long, Didn’t Read). This is unfortunate—especially when tackling the topic of abortion. Soundbites make many pro-life arguments seem stronger than they really are, while the complexities of pro-choice arguments can’t be readily reduced to soundbites.

Chapter 15: "'What you do hurts all of us!' When women confront women through pro-life rhetoric." -/- In this chapter, I articulate a specific problem in the way the rhetoric and ideology of pro-life politics operates as a form of confrontation between women. This is a dilemma that emerges when women engage in the appearance of concern and solicitude while passively coercing other women as they may be ambivalent and vulnerable in forcing anti-abortion outcomes. This in a reinvestment in (...) the problem I raise in my prior work, The Pregnancy ≠ Childbearing Project: A Phenomenology of Miscarriage (2017), a dilemma that I think is essential to grapple with if not also to urgently reconcile: where is the solidarity among women as they are pregnant, independent of the outcomes or expectations of childbearing? Alongside of the testimony of my own personal experience, I analyze the substance of the confrontation narrated in Maisie Crow’s documentary Jackson (2016), juxtaposing it with the fictional hypothesis of Margaret Atwood’s The Handmaid’s Tale (1998) to outline the character of harm in the confrontations between women through pro-life discourse. (shrink)

A recent article argued for the immorality of abortion regardless of personhood status by comparing the impairment caused by fetal alcohol syndrome to the impairment caused by abortion. I argue that two of the premises in this argument fail and that, as such, one cannot reasonably attribute moral harms to abortion on the basis of the moral harms caused by fetal alcohol syndrome. The impairment argument relies on an inconsistent instantiation, which undermines the claim that personhood is (...) irrelevant, and it does not fulfill its own ceteris paribus clause, which demands that no additional benefit be gained from abortion that would not be gained from causing fetal alcohol syndrome. (shrink)

George, B. J. Jr. The evolving law of abortion.--Guttmacher, A. F. The genesis of liberalized abortion in New York: a personal insight.--Callahan, D. Abortion: some ethical issues.--Jakobovits, I. Jewish views on abortion.--Drinan, R. F. The inviolability of the right to be born.--Schwartz, R. A. Abortion on request: the psychiatric implications.--Fleck, S. A psychiatrist's views on abortion.--Niswander, K. R. Abortion practices in the United States: a medical viewpoint.--Macintyre, M. N. Genetic risk, prenatal diagnosis, and (...) selective abortion.--Messerman, G. A. Abortion counselling: shall women be permitted to know?--Pilpel, H. F. and Zuckerman, R. J. Abortion and the rights of minors. (shrink)

Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this (...) position, by arguing against three common arguments for a right to the death of the fetus. I claim that their arguments are mistaken. I argue that there is a right to the death of the fetus because gestating a fetus in an artificial womb when genetic parents refuse it violates their rights not to become a biological parent, their rights to genetic privacy and their property rights. The right to the death of the fetus, however, is not a woman's right but genetic parents’ collective right which only can be used together. (shrink)

The newest addition to the Point/Counterpoint Series, Abortion: Three Perspectives features a debate between four noted philosophers - Michael Tooley, Celia Wolf-Devine, Philip E. Devine, and Alison M. Jaggar - presenting different perspectives on one of the most socially and politically argued issues of the past 30 years. The three main arguments include the "liberal" pro-choice approach, the "communitarian" pro-life approach, and the "gender justice" approach. Divided into two parts, the text features the authors' ideas, developed in depth, and (...) their responses to one another within each framework. As philosophers, the authors have special skills in critical analysis and thinking systematically about values. The text is appropriate for advanced courses in ethics, bioethics, sex and gender issues, and contemporary moral issues. (shrink)

A few decades from now, it might become possible to gestate fetuses in artificial wombs. Ectogestation as this is called, raises major legal and ethical issues, especially for abortion rights. In countries allowing abortion, regulation often revolves around the viability threshold—the point in fetal development after which the fetus can survive outside the womb. How should viability be understood—and abortion thus regulated—after ectogestation? Should we ban, allow or require the use of artificial wombs as an alternative to (...) standard abortions? Drawing on Cohen, I evaluate three possible positions for the post-ectogestative abortion laws: restrictive, conservative and liberal. While the restrictive position appears untenable, I argue that the liberal and conservative positions can be combined to form a legally and morally coherent basis for post-ectogestative abortion legislation, offering an improvement from the point of both prolife and prochoice positions. (shrink)

In this article, I urge that mainstream discussions of abortion are dissatisfying in large part because they proceed in polite abstraction from the distinctive circumstances and meanings of gestation. Such discussions, in fact, apply to abortion conceptual tools that were designed on the premiss that people are physically demarcated, even as gestation is marked by a thorough-going intertwinement. We cannot fully appreciate what is normatively at stake with legally forcing continued gestation, or again how to discuss moral responsibilities (...) to continue gestating, until we appreciate in their own terms the goods and evils distinctive of gestational connection. To underscore the need to explore further the meanings of gestation, I provide two examples of the difference it might make to legal and moral discussions of abortion if we appreciate more fully that gestation is an intimacy. (shrink)

Dear Editor, -/- We are pleased to report that we have recently published an article in a well-established bioethics journal where we briefly review the evidence surrounding abortion pill reversal (APR) and argue that those who identify with the pro-choice standpoint should support APR provision (indeed, the ex-CEO of BPAS, Ann Furedi, has agreed in principle with this conclusion of ours in one of her tweets). We also hope that our article will serve as a record in the peer-reviewed (...) and indexed literature of the struggles our fellow CMA UK members have gone through to support women who eventually decided to keep their pregnancies, and the tribulations they had to endure from their colleagues in the medical establishment. It is perhaps somewhat symbolic that our paper has been published in a special issue dedicated to the ‘feminist ethics of care’ as APR and the sacrifice of our colleagues shows what care for women should really look like.(1) -/- We have made sure to spread the word about this as well. One of us has given an interview to Irish pro-life group Protect Life (still to be published) and we have submitted a post to a pro-life collaborative that also awaits publication. Finally, we have also published a post about this paper and current developments in the USA in a well-established bioethics news site, which has been republished in various online outlets.(2) -/- We believe that this promotion of APR is vital, as recent statements from both the UK and the USA indicate that the pressure against APR might grow. The American College of Obstetricians and Gynecologists have published a post entitled ‘Facts Are Important: Medication Abortion "Reversal" Is Not Supported by Science’.(3) Similarly, the UK Royal College of Obstetricians and Gynaecologists, together with other bodies (including the British Society of Abortion Care Providers) have posted a position statement stating that there is no reputable evidence for using progesterone in APR.(4) One truly wonders why these organisations are pushing this narrative despite the weight of the evidence available being in favour of APR and their organisations’ professed support for women’s choice. (shrink)

Laurie Shrage attributes much of the long-standing controversy about abortion to Roe v. Wade and to the Supreme Court's controversial regulatory scheme in that 1973 decision. Shrage explores the origins of that scheme but argues for an alternate scheme - therapeutic abortions shorter than six months can protect women's interests and advance important public interests, but that reproductive rights campaigns should also focus on the social and economic conditions that prevent women having access to the abortion services they (...) need. Including over 40 illustrations of pro-life and pro-choice advertisements to demonstrate the nature of the debate, this timely and provocative work will appeal to feminists in a wide range of fields including philosophy, political science, women's studies, communication, and public policy. (shrink)

This book features opening arguments followed by two rounds of reply between two moral philosophers on opposing sides of the abortion debate. In the opening essays, Kate Greasley and Christopher Kaczor lay out what they take to be the best case for and against abortion rights. In the ensuing dialogue, they engage with each other's arguments and each responds to criticisms fielded by the other. Their conversational argument explores such fundamental questions as: what gives a person the right (...) to life? Is abortion bad for women? What is the difference between abortion and infanticide? Underpinned by philosophical reasoning and methodology, this book provides opposing and clearly structured perspectives on a highly emotive and controversial issue. The result gives readers a window into how moral philosophers argue about the contentious issue of abortion rights, and an in-depth analysis of the compelling arguments on both sides. (shrink)

In this paper I discuss what contemporary virtue ethics can say about abortion by considering both what has been said and what we may further argue from a virtue-focused perspective. I begin by comparing virtue ethics to the two other dominant approaches in normative ethics and then consider what some important virtue ethicists have said about abortion, especially Rosalind Hursthouse. After recognizing the many contributions her analysis offers, I also note some of the deficiencies in her approach, particularly (...) in her attempt to bracket the problems of fetal status and women’s rights. Finally, in light of these criticisms I attempt to extend a virtue ethics analysis to embrace a more robust recognition of the humanity of the fetus and the attendant demand of a near absolute prohibition on abortion. (shrink)

In Abortion and the Ways We Value Human Life, Jeffrey Reiman argues that an overlooked clue to the solution of the moral problem of abortion lies in the unusual way in which we value the lives of individual human beings_namely, that we value them irreplaceably. We think it is not only wrong to kill an innocent child or adult, but that it would not be made right by replacing the dead one with another living one, or even several. (...) Reiman argues that there are only a limited number of facts that could justify such valuing, with the result that human children and adults have the fullest right to protection of their lives, infants have a lesser but substantial right to such protection, and fetuses do not qualify at all. Leading up to this argument, Reiman presents a survey of Western attitudes and laws about abortion from Hammurabi's Code to Roe v. Wade, and a critical analysis of all the major philosophical arguments on the issue, pro and con. The book is written in straightforward, jargon-free language that makes it accessible to college students at all levels and to the educated lay reader as well. (shrink)

Appealing to reason rather than religious belief, this book is the most comprehensive case against the choice of abortion yet published. _The Ethics of Abortion_ critically evaluates all the major grounds for denying fetal personhood, including the views of those who defend not only abortion but also infanticide. It also provides several justifications for the conclusion that all human beings, including those in utero, should be respected as persons. This book also critiques the view that abortion is (...) not wrong even if the human fetus is a person. _The Ethics of Abortion_ examines hard cases for those who are prolife, such as abortion in cases of rape or in order to save the mother’s life, as well as hard cases for defenders of abortion, such as sex selection abortion and the rationale for being “personally opposed” but publically supportive of abortion. It concludes with a discussion of whether artificial wombs might end the abortion debate. Answering the arguments of defenders of abortion, this book provides reasoned justification for the view that all intentional abortions are morally wrong and that doctors and nurses who object to abortion should not be forced to act against their consciences. (shrink)

Fathers do not have an absolute obligation to provide for the welfare of their children. If mothers have the right to opt out of future duties towards their children by deciding to have an abortion instead, fathers too should be considered to have the right to avoid similar future duties. I also argue that fathers should be granted a mechanism by which they can exercise such a right. The discussion is initially motivated by showing an apparent inconsistency among three (...) widely accepted principles regarding a woman's right to an abortion, equality, and parental obligations. I argue that by allowing fathers (with certain restrictions) to refuse to support their forthcoming progeny, the inconsistency among the three principles is resolved. I also argue that this is the best resolution, and provide three other independent arguments in favor of a paternal right of refusal. (shrink)

Conservative opponents of abortion hold that from the moment of conception, developing fetuses have (or may have) full humanity or personhood that gives them a moral standing equal to that of postnatal human beings. To have moral standing is to be a recognized member of the human moral community, perhaps having moral duties to others or rights against them, at least as being the recipient of duties owed by others. Conservatives give neo-conceptuses full moral standing, including a right to (...) life that is equal to adults. They sincerely equate feticidal abortions with murder. This article presents both legal and philosophical considerations that count strongly against this conservative position. (shrink)

An obstacle to abortion exists in the form of abortion ‘counselling’ that discourages women from terminating their pregnancies. This counselling involves providing information about the procedure that tends to create feelings of guilt, anxiety and strong emotional reactions to the recognizable form of a human fetus. Instances of such counselling that involve false or misleading information are clearly unethical and do not prompt much philosophical reflection, but the prospect of truthful abortion counselling draws attention to a delicate (...) issue for healthcare professionals seeking to respect patient autonomy. This is the fact that even accurate information about abortion procedures can have intimidating effects on women seeking to terminate a pregnancy. Consequently, a dilemma arises regarding the information that one ought to provide to patients considering an abortion: on the one hand, the mere offering of certain types of information can lead to intimidation; on the other hand, withholding information that some patients would consider relevant to their decision-making is objectionably paternalistic on any standard account of the physician-patient relationship. This is an unsettling conclusion for the possibility of setting fixed professional guidelines regarding the counselling offered to women who are considering abortion. Thus, abortion ought to be viewed as an illuminating example of a procedure for which the process of securing informed consent ought to be highly context-sensitive and responsive to the needs of each individual patient. This result underscores the need for health care professionals to cultivate trusting relationships with patients and to develop finely tuned powers of practical judgment. (shrink)

1. First there is an outline of the libertarian approach taken here. 2. On the assumption of personhood, it is explained how there need be no overall inflicted harm and no proactive killing with abortion and infanticide. This starts with an attached-adult analogy and transitions to dealing directly with the issues. Various well-known criticisms are answered throughout. 3. There is then a more-abstract explanation of how it is paradoxical to assume a duty to do more than avoid inflicting overall (...) harm and, instead, positively benefit. A putative counterexample is explained away. 4. A positive theory of intellectual personhood is defended in principle, but not made precise, which is sufficient to be practical. The greater moral value of intellectual-personhood is defended. An important putative reductio of the potential-personhood argument is refuted. 5. Several further criticisms that apply to both types of defences are answered. 6. Conclusion. (shrink)

I explore two thought-experiments in Judith Jarvis Thomson’s important article, “A Defense of Abortion”: the violinist example and the people-seeds example. I argue (contra Thomson) that you have a moral duty not to unplug yourself from the violinist and also a moral duty not to destroy a people-seed that has landed in your sofa. Nevertheless, I also argue that there are crucial differences between the thought-experiments and the contexts of pregnancy due to rape or to contraceptive failure. In virtue (...) of these differences, it would not follow from my conclusions about the violinist and people-seeds cases that abortion would not be permissible in a case of rape or in a case of voluntary intercourse with contraceptive failure. (shrink)

The upcoming U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization has the potential to eliminate or severely restrict access to legal abortion care in the United States. We a...

Phenomenology offers a unique perspective on abortion that avoids the pitfalls associated with arguments from human rights, religious belief, or morality. Instead, and without negating the possibility that abortion may be justified for other reasons, it obtains reasons not to abort from the nature of agency and the commitments intrinsic to intentional action. Less formally, it says that abortion hurts because it involves killing something humans automatically identify with, and as humans we constitute ourselves just in terms (...) of what we identify with. (shrink)

When a woman is pregnant, how should we understand the moral status of the life within her? How should we understand its status as conceptus, as embryo, when an early or again matured fetus? According to some, human life in all of these forms is inviolable: early human life has a moral status equivalent to a person from the moment of conception. According to others, such life has no intrinsic status, even late in pregnancy. According to still others, moral status (...) emerges when sentience does. Until the fetus is conscious - a point somewhere at the end of the second trimester, it has no moral status at all; after it is conscious, it does. (shrink)

Should people who believe in animal rights think that abortion is wrong? Should pro-lifers accept animal rights? If you think it’s wrong to kill fetuses to end pregnancies, should you also think it’s wrong to kill animals to, say, eat them? If you, say, oppose animal research, should you also oppose abortion? -/- Some argue ‘yes’ and others argue ‘no’ to either or both sets of questions. The correct answer, however, seems to be, ‘it depends’: it depends on (...) why someone accepts animal rights, and why someone thinks abortion is wrong: it depends on their reasons. (shrink)

William Simkulet has challenged our recent argument that parents have an obligation to donate organs and tissues to the same extent that abortion is restricted. The central feature of our argument is that parents have a duty to protect their offspring. If this duty is sufficient to require gestation of a fetus, then it is also sufficient to require that the parent allow offspring the continued use of their organs and tissues. Simkulet challenges this argument on several fronts. In (...) this paper, we refute each of these challenges and further clarify the contours of our argument. In particular, our rebuttal highlights the relation between special obligations an agent-neutral obligations and the biological foundation of the duty to protect. (shrink)

In 2018, Irish citizens voted overwhelmingly to repeal the Eighth Amendment to the Constitution to allow for the introduction of a more liberal abortion law. In this article, I develop a retrospective reading of the stubborn persistence of the denial of reproductive rights to women in Ireland over the decades. I argue that the ban’s severity and longevity is rooted in deep-seated, affective attachments that formed part of processes of postcolonial nation-building and relied on shame and the construction of (...) the Irish nation as a particular, gendered place. The article develops the notion of ‘gendered displacement’ to conceptualise abortion travel in the context of the history of women’s coercive confinement, and provides an affective, feminist reading of the interlinkages between place and nationhood. It also draws on three cases—the X, Y and Z cases—to illustrate the centrality of place and women’s occupation of space to the analysis of Ireland’s abortion ban, which should be read in the wider context of the legacy of what I term the ‘affective politics of place’. (shrink)

This essay deals with the morality of abortion. We argue that abortion is morally unobjectionable and that society benefits if abortion is available on demand. We begin by setting out a preliminary case in support of the practice of abortion. We then examine moral objections to abortion and show why those objections are unsound. We conclude by considering what properties something needs in order to have a serious right to life, and we show that a (...) human fetus does not possess those properties. Thus, since there is no moral objection to abortion, the practice must be viewed as both permissible and desirable, in the light of the advantages outlined in the first section of our paper. (shrink)

I provide an updated version of The Impairment Argument against abortion and respond to numerous objections that can be (and have been) raised to it.

This book has two main concerns. The first is to isolate the fundamental issues that must be resolved if one is to be able to formulate a defensible position on the question of the moral status of abortion. The second is to determine the most plausible answer to that question. With respect to the first question, the author argues that the following issue–most of which are ignored in public debate on the question of abortion–need to be considered. First, (...) can the abortion question be decided without resolving the issue of the moral status of the fetus? Second, is the fact that the fetus belongs to the biologically defined species Homo Sapiens morally significant in itself? Third, what non-potential properties and necessary and/or sufficient to endow something with a right to life? Fourth, do the corresponding potentialities also make it wrong to destroy something? Fifth, does any property that suffices to give something a right to life admit of degrees, and if so, is it morally significant regardless of the extent to which it is present? Sixth, is it morally permissible to refrain from producing additional people who would lead satisfactory lives? And finally, at what point do developing human beings acquire those properties that give something a right to life – at conception, or at some later point? Alternative answers to these central questions are set out and discussed in a detailed way. Some of the issues are difficult, but it is argued that plausible answers can be advanced, and that they support a liberal position on the morality of abortion. (shrink)

To make progress on the moral status of abortion, it turns out, requires us not just to arbitrate already familiar controversies in metaphysics and ethics, but to attend to the distinctive aspects of pregnancy that often stand at their margins. In the following, I want to argue that if we acknowledge gestation as an intimacy. motherhood as a relationship, and creation as a process, we will be in a far better position to appreciate the moral textures of abortion. (...) I explore these textures, in the first half on stipulation that the fetus is a person, in the second half under supposition that early human life has an important value worthy of respect. (shrink)

Abortion is a controversial and divisive topic. The paper gives a short review of the main approaches throughout the history of European thinking to this complex problem. Moral concerns about abortion often turn on the questions of when human life can be said to has began and what is the moral status of human embryo and fetus. The paper gives also an outline of several scientific and religious attempts to solve the problem.

This paper argues that abortion access is an important subject for bioethics scholarship and reflects on the relationship between legal frameworks and access to care. The author uses the example of the United Kingdom to examine the benefits and limitations of abortion-permissive legal frameworks in terms of access. These are legal frameworks that enable the provision of abortion but subject to restrictions. An abortion-permissive regime—first in Great Britain and then in Northern Ireland—has gone some way to (...) improving access to care over time. However, aspects of the regime (that lead to its description as permissive rather than supportive of abortion) have the potential to endanger abortion access in the future and so legal reform is necessary. (shrink)

The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent person.Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, (...) a woman may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong. (shrink)

Opponents of abortion sometimes hold that it is impermissible because fetuses are persons from the moment of conception. But miscarriage, which ends up to 89 % of pregnancies, is much deadlier than abortion. That means that if opponents of abortion are right, then miscarriage is the biggest public-health crisis of our time. Yet they pay hardly any attention to miscarriage, especially very early miscarriage. Attempts to resolve this inconsistency by adverting to the distinction between killing and letting (...) die or to the difficulty of preventing miscarriage fail, leaving a dilemma. Opponents of abortion should either advocate a substantial shift in our political and medical priorities or else give up the view that fetuses are persons from the moment of conception. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which (...) class='Hi'>abortion is sometimes permissible, and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)