Want questions of moral guiltiness (ex: asks about the person who committed
the crime) to match those of legal guiltiness (ex: asks judge and jury)
Standard arguments for and against moralities of abortion
Legal status of abortion in Canada: only developed country that has no laws
concerning abortion (no legal restrictions)
Moral debates about abortion tends to hinge on the moral status of fetus
Human being – biological concept; homo sapiens
Person – moral concept; worthy of moral regards for some reasons or another
(philosophers disagree among different reasons) ex: consciousness, ability to feel
pain, ability for reasoning, capacity for autonomy, communication, conception of
oneself
Von
Fallacy of qualification concerns using the same term in two different senses,
arguing against the following premise that it is not valid
Premises of abortion (pro-life, conservative)
1. Killing of innocent human beings is wrong
2. A fetus is a human being
3. Therefore it is wrong to kill fetus
In the first premise, human being is used in moral sense
Rephrasing premise 1) killing of a person is wrong, then the whole argument
is not valid because not the same term used in premise 2)
Then rephrase premise 2) a fetus is a person – but it is not, does not have any
moral concepts
In order for premise 3) to be plausible, premise 3) needs to conclude in a
moral sense
Need to make a stronger claim, fetus also needs to be a person (a fetus is a
potential person)
Wrong to kill potential people, but then also wrong to harm an egg, human
stem cell, sperm cells because they are all potential people
But do not treat potential prime ministers (anyone may be) like prime
ministers
Another way to patch up argument: although a fetus is not a person, there
will be a point where the fetus will become a person – but when is that point?
At birth? 18 birthday? No clear way where the fetus makes a transition to a
person
Person – moral concept; worthy of moral regards for some reasons or another
(philosophers disagree among different reasons) ex: consciousness, ability to feel
pain, ability for reasoning, capacity for autonomy, communication, conception of
oneself o Another argument (pro-choice, liberal): premise 1) the killing of innocent
persons is wrong 2) a fetus is not a person 3)therefore killing of fetus is
not wrong
Problem with argument: severely handicapped, newborns, etc are not persons
Marquis
Pro-life and pro-choice of anti abortion arguments are very similar
Both are severely flawed
Liberal positions justifies not killing of all human beings and persons
We should step back and think about what makes killing wrong in the first place
If we can articulate what makes killing wrong, then we can look at killing of
fetuses, and see whether the same things would apply
Whatever that is wrong about killing human beings has to do with the victim (not
the people around him)
What happens to victim: deprived of consciousness, may suffer pain, etc many
bad things
What makes killing wrong is that the human is deprived of valuable features and
a future
Seems to show that is equally wrong to kill a fetus because they also have
valuable experiences and a future like ours
Wrong to inflict pain on animals, using above strategy, humans suffer is pain is
inflicted upon, animals also suffer
But fetus is not aware of and value the future, so is fetus actually deprived of
anything? Might be the case that someone that is severely depressed and so
does not value future, but still wrong to kill them because they in fact will have a
future, the fact they don't value future not does not make it acceptable to end
the depressed’s life
Seems like it may prove too much, because if wrong to kill adult human being,
more wrong to kill fetuses because ends more future for them. but no one thinks
this
Thompson – Defence of Abortion
Still have to prove the fetus’s entitled use of the woman’s body to survive
Gap that fetus is a person, has a right to life, but fetus depends life on use of
mother’s body
presumably mother has right to decide what can be done to her body regardless
of fetus’s right to life
right to life is stronger than mother’s decision
perceives largely by way of proposing fantastical analogies: concerned with
terminating pregnancy, parallels case with unconscious violinist with a rare
kidney disease plugged into another person
almost nobody would force the person to lie in bed for 9 months with the
violinist
situation we are unclear about: permission of abortion. One way to resolve issue
is to think about cases where our moral intuition are more clear, and if that case is similar to abortion, then by analogy, we can see what the case we are clear
about can tell us what we are unclear about
analogies are supposed to be similar in every relevant respect to the morality of
terminating pregnancy
two ways to take his analogies: deny his intuition by finding relevant dissimilarity
between the 2 cases
wants to take abortion step by step that abortion is permissible to save mother’s
life, terminating unwanted pregnancies
extreme view
abortion is always impermissible even to save the mother’s life. Both fetus and
mother have right to life, so not enough to deal with issue. How do we decide
whether it should be mother’s or fetus’s right of life moral issue between
killing and letting someone die
Actively killing somebody is worse than letting someone die
Killing in self defensive should be permissible – abortion to save mother’s life. If
you don't think that, then you are committed to the view that unplugging
yourself from violinist would be impermissible
Killing in self defense may be permissible, but abortion is more like a case where
the mother asks someone else to kill to save her life (ex: person laying on track
asking you to switch path of trolley to kill another person on the other track):
asking another person to decide who should live – if baby not killed, mother will
die
Analogy: Jones is wearing Smith’s coat in the cold, would freeze to death if no
coat. So it’s not impartiality to decide who should wear the coat
Shows that in ca
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