HPSC1000 Lecture Notes - Lecture 6: Fetus
24 May 2018
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Lecture 6: Abortion
- Quickening: movement of fetus limbs
- Historically, quickening was regarded as crucial moment when soul can be said to be
present (dating back to Aristotle)- once u start to move, you are a person
- Offences against the person act 1861 (UK)- tightening of abortion laws
- 1938 Rex v Bourne: 12-year-old gang raped and impregnated (doctor willing to be
prosecuted to help her abort the fetus)- judge tells jury abortion is permissible if it is to
save the life of a woman or to save the emotion of physical wrecking of a woman (this
led to the idea that there is a right to abortion in Australia)
- Curretly i N“W aortio is legal he dotor eliees a oas physial ad/or
mental health is in serious danger. Social, economic and medical factors may be taken
into account- therefore decision lies within the doctor (no right to abortion- only a right
to ask for permission)
Status of the fetus
- A fetus= a possible person
- Should have same rights
VS
- A eig ust possess a oept of self- must value its continued existing as a subject of
experiences and other mental states
Is a fetus a person?
- Lots of arguments over abortion either try to support or refute the idea that a fetus is a
person with rights
- Thomson- ee if the fetus has rights, it does ot hae the right to use a oas ody
- Marquis- what makes killing a fetus wrong is the same as what makes killing wrong (not
the violation of rights)
Autonomy and rights
- US Supreme Court in Roe v Wade: the right to privacy entails a right to abortion but this
must be alaed agaist goerets iterest i: protetig health, life of fetus
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Historically, quickening was regarded as crucial moment when soul can be said to be present (dating back to aristotle)- once u start to move, you are a person. Offences against the person act 1861 (uk)- tightening of abortion laws. Curre(cid:374)tly i(cid:374) n w a(cid:271)ortio(cid:374) is legal (cid:449)he(cid:374) do(cid:272)tor (cid:271)elie(cid:448)es a (cid:449)o(cid:373)a(cid:374)(cid:859)s physi(cid:272)al a(cid:374)d/or mental health is in serious danger. Social, economic and medical factors may be taken into account- therefore decision lies within the doctor (no right to abortion- only a right to ask for permission) A (cid:271)ei(cid:374)g (cid:373)ust possess a (cid:272)o(cid:374)(cid:272)ept of (cid:858)self(cid:859)- must value its continued existing as a subject of experiences and other mental states. Lots of arguments over abortion either try to support or refute the idea that a fetus is a person with rights. Thomson- e(cid:448)e(cid:374) if the fetus has rights, it does (cid:374)ot ha(cid:448)e the right to use a (cid:449)o(cid:373)a(cid:374)(cid:859)s (cid:271)ody.
