Phil 2 - exam 3 Flashcards
Pre-implantation genetic diagnosis (PGD) has been available since 1990 in conjunction with IVF.
One cell (blastomere) is removed from a cleaving embryo ex utero and tested for a particular genetic or chromosomal abnormality.
A surrogate (my gate is your gate)
provides her own oocytes, fertilized with sperm from the man in another couple to whom she relinquishes the child upon delivery.
Marquis - the assumption about abortion (the assumption about a sort of being)
The moral permissibility of abortion
“stands or falls on whether or not a
fetus is the sort of being whose life it is
seriously wrong to end.”
Marquis- problem with anti-abortion (anti-abortion is cancer)
“[The] principle “It is always prima facie
wrong to take a human life” seems to
entail that it is wrong to end the existence
of a living human cancer-cell culture, one
the ground that the culture is both living
and human. Therefore, it seems that the
anti-abortionist’s favored principle is too
broad.”
Marquis- problem with pro-abortion (pro infants?)
The problem with narrow principles is that
they do not embrace enough…the
needed principles such as “It is prima facie
wrong to kill only persons”
or
“It is prima
facie wrong to kill only rational agents” do
not explain why it is wrong to kill infants or
young children….
Marquis - merely believe
“[If] we merely believe, but do not understand, why killing adult human beings such as ourselves is wrong, how could we conceivably show that abortion is either immoral or permissible?
Marquis - why is it wrong to kill?
“What primarily makes killing wrong is neither its effect on the murderer nor its effect on the victim’s friends and relatives, but its effect on the victim. The loss of one’s life is one of the
greatest losses one can suffer. The loss of
one’s life deprives one of all the experiences,
ac-vi-es, projects, and enjoyments that would
otherwise have constituted one’s future.”
Marquis - why is wrong to kill con’t
“Some parts of my future are not valued by me now, but will come to be valued by me as I grow older and as my values and capacities change…when I die, I am deprived of all of the value of my future…what makes killing any adult human being prima facie seriously wrong is the loss of his or her future.”
Marquis - obvious consequences (obviously identical)
The future of a standard fetus includes a set of
experiences, projects, activities, and such which
are identical with the futures of adult human
beings and are identical with the futures of
young children. Since the reason that is
sufficient to explain why it is wrong to kill
human beings after the time of birth is a reason
that also applies to fetuses, it follows that
abortion is prima facie seriously morally
wrong
Marquis - contraception
“[The] immorality of contraception is
not entailed by the loss of a future-like ours argument simply because there is
no nonarbitrary identifiable subject of
the loss in the case of contraception.
Marquis - self-evident
[Based on] the assumption that the
permissibility of abortion stands or falls on the
moral status of the fetus. Since a fetus
possesses a property, the possession of which
in adult human beings is sufficient to make
killing…wrong, abortion is wrong…this
[argument] seems superior [to other
arguments]…because it rests on an ethics of
killing which is close to self-evident. …because the crucial morally relevant
property clearly applies to fetuses, and
because the argument avoids the usual
equivocations on ‘human life,’ ‘human
being,’ or person.
’”
Warren - the moral community
The question which we must answer in
order to produce a satisfactory solution to
the problem of abortion is this: How are we
to define the moral community, the set of
beings with full and equal moral rights, such
that we can decide whether a human fetus
is a member of the community or not?
Warren - human has 2 meanings (moral and genetic - just her argument)
Traditional Pro-Life Argument:
P1. It is wrong to kill innocent human beings.
P2. Fetuses are innocent human beings.
C. Thus, it is wrong to kill fetuses.
Warren thinks the term “Human” is being used equivocally in P1 and P2. In P1 it is used in the moral sense, and in P2 it is used in the genetic sense. Thus, the conclusion does not follow.
Warren - criteria for personhood (CCRAM)
- Consciousness: conscious of objects and
events…capacity to feel pain. - Reasoning: the developed capacity to solve new and relatively complex problems.
- Self-motivated activity: activity which is relatively independent of either gene6c or direct external control.
- Capacity to communicate messages of an
indefinite variety of types. - Self-Awareness
Warren - right to life
“It does seem reasonable to suggest that
the more like a person, in the relevant
respects, a being is, the stronger is the
case for regarding it as having a right to life, and indeed the stronger its right to life is.”
Warren - right to life con’t
“[It] is clear that even though a seven- or eight month fetus has features which make it apt to
arouse in us almost the same powerful protective instinct as is commonly aroused by a small infant, nevertheless it is not significantly more personlike
than is a very small embryo…Thus, in the relevant respects, a fetus, even a fully developed one, is considerably less personlike than is the average mature mammal, indeed the average fish.
Warren - potential persons rights
But even if a potential person does have
some prima facie right to life, such a right could not possibly outweigh the right of a woman to obtain an abortion, since the rights of any actual person invariably
outweigh those of any potential person,
whenever the two conflict.
Warren - conclusion
“Thus, neither a fetus’s resemblance to a
person, nor its potential for becoming a
person provides any basis whatever for the
claim that it has any significant right to life.
Warren - to show that a fetus is not a person, it must possess
none of the characteristics of personhood
Warren claims that if the violinist analogy is accurate, abortion is
a deeply tragic act
According to Warren, infanticide is:
a. virtually never justified in our society.
b. sometimes justified in extreme circumstances.
c. morally different than a late-term abortion.
Thomson’s 2 arguments
1) She argues that abortion is generally
permissible, not that it is always
permissible.
2) She argues that, although it is permissible
to detach one’s body from the fetus
through abortion, it is not permissible to
guarantee the death of a baby once it is
born (i.e., infanticide).
Thomson - right to life
“[The] right to life consists not in the right
not to be killed, but rather in the right not to be killed unjustly.”
Thus, the “unborn person” may have “a right
to its mother’s body only if her pregnancy
resulted from a voluntary act, undertaken in
full knowledge of the chance a pregnancy
might result from it.”
Thomson - right to secure death
[While] I am arguing for the permissibility
of abortion in cases, I am not arguing for
the right to secure the death of the unborn
child…I have argued that you are not
morally required to spend nine months in
bed, sustaining the life of that violinist; but
to say this is by no means to say that if,
when you unplug yourself, there is a
miracle and he survives, you then have a
right to turn around and slit his throat.
Thomson - right to secure death con’t
“You may detach yourself even if this costs him his life; you have no right to be guaranteed his death, by some other means, if unplugging yourself does not kill him. There are some people who will feel dissatisfied by this feature of my argument.”
Thomson - negative and positive rights
Negative rights outweigh positive rights
because the right not to be burdened or
harmed has more moral weight than the
right to be benefited.
The pregnant woman has a negative right not
to be burdened or to take on risk.
The fetus’ positive rights violate the woman’s
negative right.
Thomson key points
The “famous violinist” has no right, in many
cases, to the woman’s body.
• Unborn persons whose existence is due to
rape have no right to the use of their
mothers’ bodies.
• The woman does not automatically have a
special relationship to the fetus.
Beckwith - 3 categories of issues with violinist
- Ethical (4)
- Legal (2)
- Ideological (3)
Beckwith - ethical issues #1 (obligation towards the weak)
Thomson assumes volunteerism.
Beckwith argues that there are special
obligations between parents and the child
that resulted from the parents’ act of
sexual intercourse. And that this obligation
is “necessary in any civilized culture in
order to preserve the rights of the
vulnerable, the weak, the young
Beckwith - ethical issue #2 (family is everything)
Thomson’s argument is fatal to family
morality.
“[Volunteerism] is fatal to family morality,
which has as one of its central beliefs that
an individual has special and filial
obligations to his [or her] offspring and
family that he [or she] does not have to
other persons
Beckwith - ethical issue #3 (naturally dependent on mother)
A case can be made that the unborn does
have a prima facie right to her mother’s body.
- the unborn is naturally dependent to her
mother (unlike the violinist)
- natural development occurs in the womb
- the same entity when born has a natural claim upon her parents
Beckwith - ethical issue #4 (killing)
Thomson ignores the fact that abortion is
indeed killing and not merely the withholding
of treatment.
“[There] is no doubt that such ‘withholding’
of treatment (and it seems totally false to call ordinary shelter and sustenance ‘treatment’)
is indeed murder
Beckwith - legal problems (legally understand the other)
Thomson’s argument ignores tort law.
From a real case:
“The obligation arises when one
‘understands and appreciates’ the condition
of the other.”
Judge Noonan and Beckwith thinks that this
applies to the mother and her unborn.
Beckwith legal problem (family law)
Thomson’s argument ignores family law.
“Thomson’s argument is inconsistent with
the body of well-established family law,
which presupposes parental responsibility of
a child’s welfare.”
Beckwith - ideological problem (idea of preg is wrong)
Inconsistent use of the burden of
pregnancy. “Thomson has to paint pregnancy in the
most horrific of terms in order to make her argument seem plausible…[Dr.]
Nathanson points out that ‘pregnancy is not a ‘sickness’. Few pregnant women are bedridden and many, emotionally and physically, have never felt better.
Beckwith - ideological problem (state mandates)
The libertarian principles underlying
Thomson’s case are inconsistent with the
state-mandated agenda of radical
feminism.
“[Feminists] who advocate state-mandated
quotas, state-mandated comparable worth
pay scales…will go on to advocate abortion
on the basis of an absolute libertarianism as
odds with every one of those policies.”