This paper provides an overview of the development and the sociopolitical background of legislation pertaining to abortion in Finland from the nineteenth century to the current day. The first Abortion Act came to force in 1950. Before that, abortions were handled under criminal law. The 1950 law was restrictive and allowed abortions in very limited circumstances only. Its main aim was to reduce the number of abortions and especially illegal abortions. It was not very successful in reaching these (...) goals, but, significantly, it moved abortions from the realm of the criminal law to the hands of medical professionals. The birth of the welfare state and the prenatal attitudes of 1930s and 1940s Europe played their part in shaping the law. By late 1960s, with the rise of the women’s rights movement and other changes in society, there was pressure to change the outdated law. The new 1970 Abortion Act was broader and allowed abortions for limited social reasons too but left very limited, if any, room for a woman’s right to choose. After a citizen’s initiative in 2020, the year 2023 will see a significant amendment to the 1970 law; during the first 12 weeks of pregnancy, an abortion can be performed on the woman’s request alone. However, there is still a long way to go in terms of women’s rights and abortion laws in Finland. (shrink)

The sort of ethical theory derived from Aristotle, variously described as virtue ethics, virtue-based ethics, or neo-Aristotelianism, is becoming better known, and is now quite widely recognized as at least a possible rival to deontological and utilitarian theories. With recognition has come criticism, of varying quality. In this article I shall discuss nine separate criticisms that I have frequently encountered, most of which seem to me to betray an inadequate grasp either of the structure of virtue theory or of what (...) would be involved in thinking about a real moral issue in its terms. In the first half I aim particularly to secure an understanding that will reveal that many of these criticisms are simply misplaced, and to articulate what I take to be the major criticism of virtue theory. I reject this criticism, but do not claim that it is necessarily misplaced. In the second half I aim to deepen that understanding and highlight the issues raised by the criticisms by illustrating what the theory looks like when it is applied to a particular issue, in this case, abortion. (shrink)

The most plausible pro-life argument claims that abortion is seriously wrong because it deprives the foetus of something valuable. This paper examines two recent versions of this argument. Don Marquis's version takes the valuable thing to be a 'future like ours', a future containing valuable experiences and activities. Jim Stone's version takes the valuable thing to be a future containing conscious goods, which it is the foetus's biological nature to make itself have. I give three grounds for rejecting these (...) arguments. First, they lead to unacceptable inequalities in the wrongness of killing. Second, they lead to counterintuitive results in a range of imaginary cases. Third, they ignore the role of psychological connectedness in determining the magnitude or seriousness of deprivation-based harms: because the foetus is only weakly psychologically connected to its own future, it cannot be seriously harmed by being deprived of that future. (shrink)

ABSTRACT When one thinks about the ethics of abortion, one inevitably thinks about rights, since it is in terms of the concept of rights that much of the debate has been conducted. This is true of overtly feminist as well as non‐feminist accounts. Indeed, some early feminist writers – Judith Jarvis Thomson and Mary Ann Warren, for example – employ a model of rights that is indistinguishable, or virtually indistinguishable, from that of their non‐feminist counterparts. However, more recent feminist (...) writers have developed a different understanding of ‘a woman's right to choose.’ In this paper, I will begin by outlining the non‐feminist debate over the moral permissibility of abortion. I will suggest that this debate is irresolvable, since at its heart is an ‘essentially contested concept’, that of personhood. I will then consider the way in which some feminist writers have attempted to reconceive the terms of the abortion debate and suggest an expanded account of women's right to abortion, drawing on the work of Susan Sherwin. Finally, I will argue that there is a further element to a ‘woman's right to choose’ that expands on and provides a conceptual link between the feminist and non‐feminist understanding of abortion. (shrink)

Perry Hendricks has recently presented the impairment argument for the immorality of abortion, to which I responded and he has now replied. The argument is based on the premise that impairing a fetus with fetal alcohol syndrome is immoral, and on the principle that if impairing an organism is immoral, impairing it to a higher degree is also—the impairment principle. If abortion impairs a fetus to a higher degree, then this principle entails abortion is immoral. In my (...) reply, I argued that abortion does not impair an organism in the way fetal alcohol syndrome does, and showed that interest theorists can avoid the argument. Hendricks has responded to my criticisms by demonstrating how abortion does impair an organism. In this reply, I acknowledge Hendricks’ point, but proceed to criticise the application of the impairment principle to abortion, showing that it is invalid if we accept his explanation for why inflicting fetal alcohol syndrome is immoral. I also argue that counter-examples show the impairment principle itself to be dubitable, concluding that the impairment argument remains unpersuasive. (shrink)

This thesis challenges prevailing approaches to religiously-based or influenced laws , and proposes an alternative model that makes religious pluralism, gender, and moral identity central considerations. I focus my analysis around abortion as a case study in order to analyze the gendered dimensions of the issue in addition to other, more well-recognized problems with religious lawmaking. ;My overarching thesis is that the prevalent approaches to religious lawmaking in the Supreme Court's jurisprudence, as well as in liberal and communitarian moral (...) and legal theory, are inadequate. Liberal approaches tend to protect religious pluralism at the expense of the religious identity of lawmakers, whereas communitarian proposals protect the religious morality of lawmakers at the expense of respect for religious pluralism. Both approaches are also inadequate, I contend, because they are premised upon faulty conceptions of moral identity, and fail to adequately consider the potential of religious lawmaking to perpetuate inequalities based on gender as well as religion. My arguments regarding deficiencies in these approaches are reinforced with empirical evidence regarding abortion views held by American religious groups, as well as the self-descriptions of a number of lawmakers regarding the influence of religion in their decision making. ;In developing alternative ethical and legal frameworks for addressing religious lawmaking, my analysis proceeds along both theoretical and practical lines. On the theoretical level, I propose that the conceptions of the social self and role-based morality developed by the twentieth century pragmatist philosopher George Herbert Mead, as supplemented by feminist and poststructuralist perspectives, provide the basis for a preferable ethical approach to religious lawmaking. ;On the practical level, I develop a legal framework that requires government in qualified challenges to religious lawmaking to show that the law can be fully supported on the basis of publicly accessible reasons and, in some instances, also by a compelling state interest. I explain how this proposal can accommodate the interests of religious lawmakers in relying on their religious convictions in their political and legal decision making, while insuring that the citizenship rights of their constituents are not thereby harmed. (shrink)

Nie Jing-Bao, Behind the silence: Chinese voices on abortion, Lanham, MD: Rowman & Littlefield, 2005, reviewed by Shi Xianduan and Margaret P. Battin.

In this paper, a case study is presented of constitutional debates about abortion. An analysis is given of arguments from the Roe v. Wade case for definitions concerning the key notions of `person' and `human life'. The paper illustrates how the Court has gradually taken a more pragmatic or rhetorical position on definitional matters crucial to the purpose of regulating abortion.

This article analyses abortion health activism (AHA) in the Irish context. AHA is a form of activism focused on enabling abortion access where it is restricted. Historically, AHA has involved facilitating the movement of abortion seekers along ‘abortion trails’ (Rossiter, 2009). Organisations operate transnationally, enabling access to abortion care across borders. Such AHA is a form of feminist anarchism, resisting prohibitions on abortion through direct action. However, AHA work has changed over time. Existing scholarship (...) relates this to advancements in medical technology, particularly the emergence of telemedicine and the increased use of early medical abortion. This article goes beyond those explanations to explore how else AHA has changed by comparing the work of AHA before and after the Republic of Ireland’s referendum on abortion in May 2018. Based on this, I argue that there is a visible shift in the politics of AHA. Drawing on qualitative data from research on AHA organisations along the Liverpool–Ireland Abortion Corridor, specifically those based outside Ireland, the article argues that in the aftermath of the referendum, Irish AHA has increasingly moved towards decolonising feminist activism, thus drawing attention to the relationship between abortion health activists (AHAs) and broader political discourses entangled with abortion law reform. (shrink)

In recent years, a number of US states have adopted laws that require pregnant women to have an ultrasound examination, and be shown images of their foetus, prior to undergoing a pregnancy termination. In this paper, I examine one of the basic presumptions of these laws: that seeing one’s foetus changes the ways in which one might act in regard to it, particularly in terms of the decision to terminate the pregnancy or not. I argue that mandatory ultrasound laws compel (...) women into a position of moral spectatorship and require them to recognise the foetus as a being for whom they are responsible, particularly through empathic responses to ultrasound images. The approach I propose extends the project of a bioethics of the image and highlights the need for a critical analysis of the political mobilization of empathy in discussions of abortion. (shrink)

Assisted reproductive technologies and abortion prompt serious questions about how we should understand the complex relationship between money, markets, choice, and the care relationship. This essay defines “patient” and “consumer,” and then describes how they are less important than their attributes. Then it describes theories of commodification and consumption in reproductive contexts and their consequences, from compliance and coercion to resistance and creativity. It also examines whether ART and abortion are “markets.” Finally, this essay explores how the attributes (...) which comprise the patient/consumer roles can be incorporated into health care reform, and the implications of health care reform models on ART and abortion. (shrink)

It is now a common opinion in Western countries that a child's impairment would probably place an unexpected burden on her parents, a burden that the parents have not committed themselves to dealing with. Therefore, selective abortion is in general a morally justified option for the parents. I argue that this view is based on biased information about the quality of life of individuals with impairments and their families. Also, a conscious decision to procreate should bring about conscious assent (...) to assuming obligations as a parent. This implies a duty of caring for any kind of child. Consequently, if the child's condition is not such that it would make its life not worth living, and if the parents live in an environment where they are able to provide their child and themselves an adequate well-being, they do not have a morally sufficient reason to terminate the pregnancy on the grounds of fetal abnormality. (shrink)

Background and objectives Conscientious refusal of abortion has been discussed widely by medical ethicists but little information on practitioners' opinions exists. The American College of Obstetricians and Gynecologists (ACOG) issued recommendations about conscientious refusal. We used a vignette experiment to examine obstetrician-gynecologists' (OB/GYN) support for the recommendations. Design A national survey of OB/GYN physicians contained a vignette experiment in which an OB/GYN doctor refused a requested elective abortion. The vignette varied two issues recently addressed by the ACOG ethics (...) committee—whether the doctor referred and whether the doctor disclosed their objection to the abortion. Participants and setting 1800 OB/GYN randomly selected physicians were asked to complete a mail survey containing the vignette. The response rate was 66% (n=1154) after excluding 40 ineligible cases. Measurement Physicians indicated their approval for the vignette doctor's decision. Main results Overall, 43% of OB/GYN physicians responded that the conscientious refusal exercised by the vignette physician was appropriate. 70% rated the vignette doctor as acting appropriately when a referral was made. This dropped to 51% when the doctor disclosed objections to the patient, and to 12% when the doctor disclosed objections and refused to make a referral. Consistent with previous research, males were more likely to support disclosure and refusal to refer. Highly religious physicians supported non-referral but not disclosure. Conclusion OB/GYN physicians are less likely to support conscientious refusal of abortion if physicians disclose their objections to patients. This is at odds with ACOG recommendations and with some models of the doctor–patient relationship. (shrink)

Ectogenesis, the gestation of the foetus outside of the human body, will not for much longer be in the realm of science fiction; a number of projects attempting to develop ectogenetic technology are currently under way. This book examines the ethical implications of the development of ectogenesis. Examining the implications for abortion ethics in particular, this book also deals with the ethical objections to developing such a technology and the uses to which it may be put, such as creating (...) embryos to supply donor organs for transplantation. The development of the artificial uterus may well be similar to cloning: a sudden technological advance with dramatic ethical implications, thrust suddenly into the public eye. (shrink)

ABSTRACT Don Marquis argues that abortion is morally wrong in most cases since it deprives the fetus of the value of its future. I criticize Marquis’s argument for the modified conservative view by adopting an argumentative strategy in which I work within his basic account: if it is granted that his fundamental idea is sound, what follows about the morality of abortion? I conclude that Marquis is faced with a dilemma: either his position must shift towards the extreme (...) conservative view on which abortion is never morally permissible, or he must abandon any recognizably conservative view. This dilemma suggests that Marquis’s view is either deeply implausible or that he cannot use this argument to successfully support his preferred position. (shrink)

This paper presents a case for the decriminalisation of abortion in Britain in light of the increasing investigations into people experiencing pregnancy loss and prosecutions of those suspected of illegal abortion. This growing enforcement of the criminal abortion offences has coincided with the legal change to allow the home use of abortion pills through telemedicine, and comes in the context of global backlash against abortion rights. Framing abortion as a necessary healthcare service and human (...) right, this paper demonstrates the harms caused by criminalisation and highlights how the law exacerbates socio-economic and other vulnerabilities. It is later illegal abortions that tend to be prosecuted, and while there are complex reasons as to why someone might require an abortion, the law prohibits abortion beyond 24 weeks except for narrow medical reasons, creating crisis situations for those that find themselves without legal access. Decriminalisation is necessary to move away from this culture of suspicion, hostility, and stigma that has been built around abortion. (shrink)

Many ethics faculty in medical schools do not include abortion in their required curriculum. On the face of it, this is a singular failure since abortion is certainly an important ethical issue. Th...

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)

Alstin, Zac At a March lecture in Canberra, Australian ethicist and pro-abortion activist Dr Leslie Cannold, spoke about the 'unfinished business' of abortion law reform in Australia. A frustrated friend sent me the transcript of this lecture and asked me to write something in response. But given the context of Cannold's lecture: a pro-abortion speech to a pro-abortion audience about pro-abortion law reform, a direct response seems impertinent. Plus, as a rule of thumb, when you (...) play 'Pin the Tail' on a live donkey you're liable to get a kick in the teeth. It makes more sense to take Cannold's speech at face value as evidence of an abortion activist's self-imposed mission in our society. To attack her for saying what she believes is perhaps in Cannold's own words "like blaming a leopard for having spots.". (shrink)

This essay makes a case for the metaphysical status of the human fetus. I argue that personhood begins at conception as opposed to at some point in the post-conception continuum. However, there is a deep division over this matter. Defenders of the pro-life position grant that life begins at conception. In contrast, defenders of the pro-choice position deny that life begins at conception. Even if it were the case that life begins at conception, proponents of abortion claim that a (...) woman’s bodily autonomy should come first over protecting the fetus’s life. Contemporary discussions regarding this matter continue to lack a clear and adequate account of why we continue to face a stalemate in terms of settling the issue of the metaphysical status of the human fetus. In section I, I discuss what I call the less central issues that stand in the way when it comes to addressing the main question of the personhood of the human fetus. In section II, I discuss the personhood problem as it relates to the fetus. In section III, I sketch out a conception- grounded theory of fetal personhood. In section IV, I consider some objections. In section V, I discuss the origin problem as it relates to the fetus within the broader context of the challenge, we face in answering the question of the nature of life. Finally, in section VI, I conclude this paper by claiming that conception plays a decisive metaphysical role in the personhood status of the fetus. (shrink)

The regularly published abortion statistics are insufficiently detailed to make it easy to assess the significance of increases or decreases in the annual number of abortions. Numbers of abortions are related only to a few broad age groups of the women at risk, the size of those age groups is not normally stated, and the age and marital status groupings employed differ from those used for comparable data about trends in child bearing. By matching demographic data on trends in (...) pregnancies which are deliberately terminated (abortion) and those which are not (fertility), this note attempts a) to assess the true impact of abortion among women living in England and Wales during 1973-76, and b) to consider whether the annual volume of abortions may increase over the next decade and what such an increase might signify. (shrink)

Do fetuses have rights, including a right to life?

This commentary on Madeira's paper complicates the relationships between commodification, consumption, abortion, and assisted reproductive technologies she draws in two ways. First, I examine under what conditions the commodification of ARTs, gametes, and surrogacy lead to patients becoming consumers. Second, I show that there are some stark difference between applying commodification critiques to ART versus abortion.