Bodily Rights in Intentional Pregnancies

Journal of Applied Philosophy (forthcoming)
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Abstract

In her ‘Abortion and Democratic Equality’, Japa Pallikkathayil argues that restrictive abortion laws are incompatible with equality before the law and with several core convictions from the liberal philosophical tradition, which support viewing citizens' bodily rights as inalienable in some important senses. This article raises some doubts about Pallikkathayil's arguments in the hardest case to defend: the use of surgical abortion to terminate an intentional pregnancy, especially for discretionary reasons. These doubts arise if we assume, as she does, that the fetus is a citizen. The article starts by identifying the key claims attributable to Pallikkathayil regarding what our bodily rights protect us against, before raising some questions about Pallikkathayil's argument to the effect that the bodily rights of procreators would be infringed by restrictive abortion laws in cases of intentional pregnancies and that those of fetuses would not be if those pregnancies were terminated by surgical abortion.

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Serena Olsaretti
ICREA & Universitat Pompeu Fabra

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References found in this work

A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
Abortion and Democratic Equality.Japa Pallikkathayil - forthcoming - Journal of Applied Philosophy.
On the Child’s Right to Bodily Integrity: When Is the Right Infringed?Joseph Mazor - 2021 - Journal of Medicine and Philosophy 46 (4):451-465.
Circumcision Is Unethical and Unlawful.J. Steven Svoboda, Peter W. Adler & Robert S. Van Howe - 2016 - Journal of Law, Medicine and Ethics 44 (2):263-282.

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