Bioethics Abortion Flashcards
Abortion
fetus
- (a) the bringing forth of young, parturition (of birds) laying; (b) an instance of this, a birth, the bearing of young, breeding, conception, begetting.
- the bearing of fruit by plants;
- (a) that which is born, an offspring (usually of beast occasionally of human being, etc.), (b) the young (of an animal), the children (of a parent), (c) the young born at one time, brood, litter, (d) the young while still in the womb
- (a) Fruit of a plant, produce, crop. (b) an offshoot, branch, sucker, sapling, etc., produced by a plant. (c) (transf.) a product of the mind of imagination
-Oxford Latin Dictionaries.
offspring”, “bringing forth,” “hatching of young -Wikipedia and other sources
fetus
Depending whether it is noun or verb, fetus is basically the Latin for baby/offspring or labor when referring to humans.
Right, seven weeks
abortion
Abortion is an act that terminates a woman’s pregnancy due to the killing of the fetus, or “offspring.”
Right, diagram of surgical abortion
Some background information
Roe v. Wade legalized abortion in January 1973.
Abortion rate in the US is higher than in most other industrialized nations.
In the US, roughly 20% of pregnancies end in abortion.
Rates of abortion are highest among black women.
3% of abortions are performed because of mother’s health problems, 1% because of alleged rape/incest. Text claims 1% due to “fetal abnormalities.”
Text claims abortion itself was not condemned.
Text claims that “it was not the abortion itself was usually condemned but the violation of other social taboos.” This is not entirely accurate. Abortion was firmly and roundly condemned in American society, as was artificial birth control, all for moral reasons. (Notice there is no citation in the book for that statement, pg. 76.) That is not to say that abortion did not occur–it definitely did. However, abortion was not accepted in Christianity, and the vast majority of colonial and Americans were Christian. The Didache (an extremely important early Christian text from the first/second centuries), Basil the Great (fourth century), and many sources onward make it clear that Christianity has consistently opposed abortion.
“Religious Dogma”
Text pits theology or “religious dogma” against philosophy. This is a consistent theme in the text. What is theology? What is philosophy? Historically, they are not so distinct.
Philosophy: (Greek) philo = love + sophia = wisdom
Theology: (Greek) theo = God + logia = knowledge/science
Philosophy as distinct from theology?
Philosophy as utterly distinct from theology is a relatively recent phenomenon, with the emergence of materialistic atheism. As a movement in the West, this took on more prominence in the 16th century with the rationalists, but really picked up steam in the 20th century. This is a pretty good summary.
(Note: Materialism emerged in the East long before the West, but usually did so in the context of religious thinking, such as Hinduism and Buddhism.)
Theology is not just a Christian thing.
THEOLOGY “the science of God,” Latin theologia; from Greek: theo, God + -logia, knowledge
used by Stoics in 3rd century B.C. to describe a reasoned analysis of deity. Earlier uses were more naturalistic.
Plato’s Republic & Aristotle’s Metaphysics called Homer, Hesiod, and Orpheus theologians because they determined the genealogies and attributes of the gods.
With Christianity, theology defined by Augustine as “reasoning or discourse about the divinity.” Through the patristic age to the Schoolmen, this remained.. Peter Abelard (1079-1142) used term in its modern connotation. Thomas Aquinas (1225-74) defended theology as a science because it investigates the contents of belief by means of reason enlightened by faith (fides quaerens intellectum), in order to acquire a deeper understanding of revelation. He also distinguished theology proper from “natural theology” or what Gottfried Leibniz later called “theodicy,” which studies God as knowable by reason alone and independent of divine authority. Since the 13th century the term has been applied to the whole study of revealed truth and gradually replaced its rival synonyms.
Aquinas said theology is more certain than philosophy.
Why? Arguments based on human authority and faulty human reason are weaker than arguments based on divine revelation.
Link: Summary of St. Thomas Aquinas’ definition and purpose of theology
First law officially prohibiting abortion
Connecticut 1821
How does law come about? Why? What motivates new law?
Quickening
The “coming to life” of the child in the womb
When the mother first begins to feel movement, around sixteen weeks (varies considerably)
The baby always moves, but at some point the baby grows large enough that the mother can feel the movement.
Right, 18 weeks, a time when “quickening” often starts.
Link!
AMA condemned abortion 1859
“Unwarranted destruction of human life”
Called upon legislators to place legal restrictions.
Right, Horatio Storer, physician and AMA leader, 1830-1922. He sought to protect the unborn through legislation.
Writings of/information about Horatio Storer here: https://horatiostorer.net/
Early feminists
The original feminists (“first wave”) unequivocally opposed abortion as infanticide and demeaning to the mother as well as to all humanity.
This article contains a good summary of the history (partially opinion but the history is accurate).
Early feminists
They saw abortion as the fruit of larger problems of the oppression of women. Pro-life feminists want the need for abortion to be eliminated. “We want prevention, not merely punishment.” -Susan B. Anthony, 1869
Elizabeth Cady Stanton believed abortion to be degrading to women. Pro-life feminists continue to take this position.
“Pro-choice” position
Pro-choice position = abortion on-demand (for any reason or none, at any point in pregnancy)
Roe v. Wade changed legal definitions
Changed definition of personhood, saying an unborn human (commonly referred to as a “fetus”) is not a person according to 14th Amendment (1868).
Said prohibiting abortion violates a woman’s right to privacy, claiming that privacy is “implied” in the 14th Amendment. (Note the actual language excludes women and “Indians not taxed,” so significant interpretation is required on the part of legal scholars in these matters.)
Viability
Roe v. Wade changed the standard of potential personhood for the unborn to viability, “the capacity to survive disconnection from the placenta.” Roe v. Wade’s language is “meaningful life outside the mother’s womb.”
What does meaningful mean? How could this concept of only “meaningful” life being worthwhile be potentially dangerous? Whose personhood could come into question? Who gets to decide what meaningful means?
“Jane Roe” in Roe v. Wade
Her real name was Norma McCorvey. She dedicated the rest of her life to opposing abortion. She died in 2017.
Norma speaks for herself in this short video.
Here is an article about her.
1992 Supreme Court Change
In Planned Parenthood v. Casey, the US Supreme Court replaced the trimester framework used in Roe v. Wade with a “floating viability line.” That makes the rights to personhood for the unborn a moving target, as science continues to push back the age of survival. At the time of Roe v. Wade, viability was generally considered to be 28 weeks, or sometimes as early as 24. Today, we hear of survival from as early as 20 weeks.
2022 Supreme Court Change
In the Dobbs case, the legality of abortion was returned to the states. Read the text of this decision here. From pg. 85, 87:
As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s text or in our Nation’s history.
It follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged under the Constitution, courts cannot “substitute their social and economic beliefs for the judgment of legislative bodies”….
Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.
The Roe floating viability line has potential to protect more unborn babies and limit abortion due to technological advances.
Above, baby born at 21 weeks gestation
Link!
The Dobbs decision takes issue with the “arbitrariness” of the viability line.
From pgs. 59-60: This arbitrary line has not found much support among philosophers and ethicists who have attempted to justify a right to abortion. Some have argued that a fetus should not be entitled to legal protection until it acquires the characteristics that they regard as defining what it means to be a “person.” Among the characteristics that have been offered as essential attributes of “personhood” are sentience, self-awareness, the ability to reason, or some combination thereof. By this logic, it would be an open question whether even born individuals, including young children or those afflicted with certain developmental or medical conditions, merit protection as “persons.” But even if one takes the view that “personhood” begins when a certain attribute or combination of attributes is acquired, it is very hard to see why viability should mark the point where “personhood” begins.
The most obvious problem with any such argument is that viability is heavily dependent on factors that have nothing to do with the characteristics of a fetus. One is the state of neonatal care at a particular point in time. Due to the development of new equipment and improved practices, the viability line has changed over the years. In the 19th century, a fetus may not have been viable until the 32d or 33d week of pregnancy or even later. When Roe was decided, viability was gauged at roughly 28 weeks. Today, respondents draw the line at 23 or 24 weeks. So, according to Roe’s logic, States now have a compelling interest in protecting a fetus with a gestational age of, say, 26 weeks, but in 1973 States did not have an interest in protecting an identical fetus. How can that be?
Viability also depends on the “quality of the available medical facilities.”
“Buffer zones”
There have been laws regarding “buffer zones” around abortion clinics that prohibit protesters from coming within a certain distance of women entering/exiting and the clinic itself. The challenge has been that it is a violation of the First Amendment as a restriction of free speech.
Legality ≠ Morality
The fact that abortion is currently legal does not mean it is moral. Similarly, not all immoral activities are outlawed. According to Aristotle and Confucius, good laws are important because they make it easier for people to be virtuous.
