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PHLB09H3 Chapter Notes -Natalism, Fetus, Human Science

Course Code
Chad Horne

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Lecture 13
October 25, 2011
judges are engaged in the kind of reasoning that we are engaged in within this course
legal principals on their own do not decide the entire decision
-not just about what the law is; it is about the moral ideal behind the law
Roby Wade
-the fundamental question that the course has to decide is how to balance the interest
that the state has in protecting a potential life to the right that a woman has to a certain
degree of privacy in her life
first thing to look at is whether the fetus should be thought of as a person
in any law other than that of banning abortion, the law abides by life starting after the
child is born
whatever the moral ad religious question may be, the law has never treated the fetus
as a person and when it does it is contingent upon the fetus actually being born alive
-these interests are balanced through a three step decision:
1. for the stage prior to the end of the first trimester, the abortion decision should be
left up to the woman
2. for the stage subsequent to this, the state may decide to follow through with an
abortion provided that those restrictions are there to protect a womanʼs life
3. from the 26th week onward, abortion could be there to protect the life of the fetus
but they have to make exceptions sometimes when the life of the mother could be at
In Vitro fertilization
-literally meaning in glass
-used as a treatment for infertility
-refers to a procedure where a human sperm and egg are united in a test tube and
then implanted in a womanʼs uterus
1.the mother is given hormones to stimulate egg production
2. there is a minor surgery to harvest eggs
3. eggs are fertilized with sperm in the test tube
4. they are grown in a culture for a couple of days
5. transferred back to a womanʼs uterus
broadly speaking we can divide objections of in vitro fertilization into five categories:
1. sexual morality
-in vitro separates pro creation from sex
-involves masturbation to get the sperm
2. treatment of the embryos
-necessary to cultivate a number of embryos because the likelihood of the pregnancy
is low if you donʼt
-necessary process of selection that goes into what embryos will be implanted and
what will not
3. harms to persons: mother or child
-divided into physical harms and moral harms
-physical harms: may be complications of infections that may result to the mother
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