LIFE

Introduction
Abortion is one of the most difficult and controversial moral issues we will consider. Listen to both sides, even if that is difficult to do. Both sides have important moral insights, even if ultimately you subscribe to the other viewpoint The goal of this presentation is not to convince you to accept one position or the other, but to help you to understand both sides of the argument

Two principle Moral considerations

The moral status of the fetus
Is the fetus a person? At what stage in its development does it becomes a person? Conception? 1st trimester? Birth?

The rights of the pregnant woman

Does the pregnant woman have the right to decide if she is going to carry the baby to term or not?

The Central Argument

Here is the main argument that is usually advanced against abortion:
P1: The fetus is an innocent person. P2: It is morally wrong to end the life of an innocent person. C: Therefore, it is morally wrong to end the life of a fetus.

The Moral Status of the Fetus

Much of the debate in regard to abortion has centered around the first premise, namely, whether the fetus is a person or not. If the fetus is a person, then it has the rights that belong to persons, including the right to life. The concept of personhood, in other words, is the bridge that connects the fetus with the right to life.

Personhood Fetus Rights

Possible Criteria for Personhood

Conceived by humans Genetic structure Physical resemblance Presence of a soul Viability A future like ours

Are all abortions the same?

No reason to assume at the outset that all abortions are morally equal or in the same moral category, i.e., that they all right or all wrong. Whys this? Because abortions affect a range of beings. Differences in these beings might make a difference to the morality of how they should be treated.

Lets start with some basic science

a fertilized egg, only thirty hours after conception. Magnified here, it is no larger than the head of a pin. Still rapidly dividing, the developing embryo, is called a zygote at this stage

4- 5 weeks: Embryo is the size of a raisin .. embryo's tiny heart has begun beating. The neural tube enlarges into three parts, soon to become a very complex brain. The placenta begins functioning. The spine and spinal cord grows faster than the rest of the body at this stage and give the appearance of a tail.

And far later fetuses:

24 weeks - Seen here at six months, the unborn child is covered with a fine, downy hair called lanugo. Its tender skin is protected by a waxy substance called vernix. Some of this substance may still be on the child's skin at birth at which time it will be quickly absorbed. The child practices breathing by inhaling amniotic fluid into developing lungs.
(Pictures from WESTSIDE CRISIS PREGNANCY CENTER)

Fetal Pain: The Scientific Evidence

Conservative estimates are at 18 weeks, but the consensus in the medical literature is that the capacity for a fetus to feel pain arises at about 28-30 weeks.
(David Benetar, A Pain in the Fetus: Toward Ending Confusion About Fetal Pain, Bioethics, 15, 1, 2001, 55-76).

How premature?
A medical miracle: World's most premature baby, born at 21 weeks and five days, goes home to her delighted parents
http://www.dailymail.co.uk/health/article-1380282/Earliest-surviving-premature-baby-goes-home-parents.html#ixzz2buMWzavo

There are several cases of Children surviving after fewer than 25 weeks of gestation This is a new phenomenon modern medicine enables us to keep this children alive, in the past this was not possible.
From a brief survey of the data it seems that a child born more than 4-6 weeks premature under natural conditions would not survive.

Lets be clear on a few points

Scientifically speaking a person is just a ball of cells which together form an organism Based on scientific evidence it is very difficult to define a moment when something becomes a person
We can say that it is self sustaining but not much more

Pro life Scientific argument

Life is defined by growing, replicating cells thus there is no question that the fetus is alive. Destroying all life is bad. Thus we should not kill the feutus. Alternatively personhood is determined entirely by genetics, from the moment of fusion of the egg and sperm we contain our genetic code and as such are people. It is wrong to kill people thus we cannot abort a feutus

Spring 2005

Con Law II

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Spring 2005

Con Law II

16

Pro Choice Scientific argument

Until a certain point the fetus is not viable outside of the womb. If the fetus is unable to survive on its own the sustainer should be able to choose whether or not they wish to continue sustaining that life. During early embryological development the fetus does not even resemble a human being thus should not be considered one.

What does Judaism Say?

'If men who are fighting hit a pregnant woman and she gives birth prematurely but there is no serious injury, the offender must be fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, burn for burn, wound for wound, bruise for bruise.' (Exodus 21:22-25)

 'If a woman's labour becomes life threatening, the one to be born is dismembered in her abdomen and then taken out limb by limb, for her life comes before [the life of the fetus]. Once most of the child has emerged it is not to be touched, for one [life] is not be put aside for another.' (Mishnah Ohalot 7:6, second century CE) lav nefesh hu [he is not a person] phrase from the Gemara

 'As long as it did not come out into the world, it is not called a living thing and it is permissible to take its life in order to save its mother. Once the head has come forth, it may not be harmed because it is considered born.'(Rashi)

 'If a pregnant woman's labour becomes life threatening it is permitted to dismember the fetus in her abdomen, either by a medication or by hand, for it is like [an assailant] pursuing her [in order] to kill her.' (Mishneh Torah RaMBaM)

The Violinist Example

You wake up in the morning and find yourself back to back in bed with an unconscious violinist. A famous unconscious violinist. He has been found to have a fatal kidney ailment, and the Society of Music Lovers has canvassed all the available medical records and found that you alone have the right blood type to help. They have therefore kidnapped you, and last night the violinist's circulatory system was plugged into yours, so that your kidneys can be used to extract poisons from his blood as well as your own. [If he is unplugged from you now, he will die; but] in nine months he will have recovered from his ailment, and can safely be unplugged from you
Thomson, J. "A Defense of Abortion". Philosophy and Public Affairs 1:1 (Autumn 1971): 4849.

Critique
Only seems to cover cases of forced pregnancy The violinist is not related to the person, whilst the mother is directly related to the baby.

Some facts
In the United States: 49% of pregnancies were unintended (2006) Of unintended pregnancies, 49% ended in abortions Unintended pregnancies increased among poor women, decreased among financially well-off women. Unintended pregnancies increased among black and Hispanic women.

Simply a Vessel??
We often tend to think about the fetus itself in abortion debates, however after the feminist revolution there has been a movement away from the fetus and towards the woman

Rights of the woman

1. 2. 3. 4.
5. 6.

Women have a moral right to decide what to do with their bodies The right to abortion is vital for gender equality The right to abortion is vital for individual women to achieve their full potential Banning abortion puts women at risk by forcing them to use illegal abortionists The right to abortion should be part of a portfolio of pregnancy rights that enables women to make a truly free choice whether to end a pregnancy This argument reminds us that even in the abortion debate, we should regard the woman as a person and not just as a container for the fetus. We should therefore give great consideration to her rights and needs as well as those of the unborn.

Pro choice
It is the womans right to choose what happens to her body, this cannot be compromised no matter what

Modern Jewish views

Judaism recognizes psychiatric as well as physical factors in evaluating the potential threat that the fetus poses to the woman. However, the danger posed by the fetus (whether physical or emotional) must be both probable and substantial to justify abortion. The degree of mental illness which must be present to justify termination of a pregnancy is not well established and therefore criteria for permitting abortion in such instances remain controversial.
Jewish ethicist Daniel Eisenberg (2001)

The Pro life argument

Our halakhic law on abortion, the consensus of which allows for abortion only when the physical life of the mother is in imminent danger, is rarely operative today. Modern obstetrics and gynecological medicine has made this exception almost obsolete. Even when the mother is imminently threatened, the preferred course of action would be to save the mother, not by terminating the life within her, but by removing her living child and using life support to promote its viability. The extraordinary circumstance where abortion is used to prevent a womans death in the case of a breech birth is the main focus of halakhic opinion. Elective abortion, however, is our main interest because of its frequent use as birth control, its damage to our women, and its devastating consequences to our community. The Old Testament contains many verses respecting life as well as many verses warning against the evils of abortion. The Torah contains frequent reminders that we should live holy lives. Our covenant with God obligates us to strive for a higher moral standard than that of the gentiles. The pro-abortion agenda is contrary to our moral, religious heritage. As Jews, we are obliged to respect all life created by God, especially the life within a life.

Jewish Pro Life Foundation: http://jewishprolifefoundation.org/Jewish_Pro-Life_Foundation/Jewish_Tradition.html

Star Trek thought experiment

To put pro-lifers and pro-choicers on equal footing, I have this little thought experiment.
Suppose we have Star Trek technology. A pregnant woman can go in for an abortion, to have the embryo or fetus immediately teleported out of the woman into a large fluid filled incubator designed to sustain human life.

There is now, no pro-life issue because the life that was inside the woman is now sustained.
There is no pro-choice issue cause the life exists externally and no one can mention a woman's body being her choice.

So what do you think?

Do you think abortion is moral or immoral? Do you think abortion should be legal/illegal?