This essay makes a case for the metaphysical status of the human fetus. I argue that personhood begins at conception as opposed to at some point in the post-conception continuum. However, there is a deep division over this matter. Defenders of the pro-life position grant that life begins at conception. In contrast, defenders of the pro-choice position deny that life begins at conception. Even if it were the case that life begins at conception, proponents of abortion claim that a (...) woman’s bodily autonomy should come first over protecting the fetus’s life. Contemporary discussions regarding this matter continue to lack a clear and adequate account of why we continue to face a stalemate in terms of settling the issue of the metaphysical status of the human fetus. In section I, I discuss what I call the less central issues that stand in the way when it comes to addressing the main question of the personhood of the human fetus. In section II, I discuss the personhood problem as it relates to the fetus. In section III, I sketch out a conception- grounded theory of fetal personhood. In section IV, I consider some objections. In section V, I discuss the origin problem as it relates to the fetus within the broader context of the challenge, we face in answering the question of the nature of life. Finally, in section VI, I conclude this paper by claiming that conception plays a decisive metaphysical role in the personhood status of the fetus. (shrink)

It is an undeniable empirical fact that a human fetus is a member of the species homo sapiens from the moment of conception. There is thus an important sense in which it is a human being in itself, and not simply part of a pregnant woman’s body, despite what defenders of abortion on demand might want us to think. It is also reasonable to suppose that all human beings, and thus human fetuses, are persons, with all that entails, but (...) this is a metaphysical presupposition as opposed to an empirical fact, and is thus contentious. It is argued, however, that this should be of little comfort to the defenders of abortion, because the mere fact that human fetuses have an inherent tendency to become persons is sufficient reason to confer a moral status upon them, which renders abortion morally problematic at best. (shrink)

In this paper, I appeal to two aspects of Immanuel Kant’s philosophy – his metaphysics and ethics – in defense of abortion rights. Many Kantian pro-life philosophers argue that Kant’s second principle formulation of the categorical imperative, which proscribes treating persons as mere means, applies to human embryos and fetuses. Kant is clear, however, that he means his imperatives to apply to persons, individuals of a rational nature. It is important to determine, therefore, whether there is anything in Kant’s philosophy (...) that permits regarding embryos and fetuses as persons, since they lack the capacity for sentience (at least until mid-gestation), let alone rational thought. In the first part of the paper, I will illustrate why there are difficulties maintaining, from a Kantian perspective, that conception marks the genesis of a new person. Even granting that embryos and fetuses are persons, however, this alone would not entail the moral impermissibility of abortion rights, mainly because prohibiting abortion, and compelling women to gestate, violates the formula of humanity against them. Developing this thesis encompasses the second part of my essay. Finally, although I argue that Kant’s philosophy lends strong support to abortion rights, this does not thereby entail that it allows for the complete dehumanization of the human fetus. By appealing to the writings of Kantian scholar Allen Wood, I will argue that a fetus’ status as a potential person does render it worthy of some degree of respect and moral value. (shrink)

One reason for the persistent appeal of Don Marquis' ‘future like ours’ argument is that it seems to offer a way to approach the debate about the morality of abortion while sidestepping the difficult task of establishing whether the fetus is a person. This essay argues that in order to satisfactorily address both of the chief objections to FLO – the ‘identity objection’ and the ‘contraception objection’ – Marquis must take a controversial stand on what is most essential to (...) being the kind of entity that an adult human being is. Such a stand amounts to a controversial account of personhood. To the extent that FLO's success depends on accepting such a controversial metaphysical view, one apparent attraction of FLO proves illusory. (shrink)

There is no issue more central to the abortion debate than the controversial issue of whether the fetus is a moral person. Abortion-rights opponents almost universally claim that abortion is murder and should be legally prohibited because the fetus is a moral person at the moment of conception. Abortion-rights proponents almost universally deny the crucial assumption that the fetus is a person; on their view, whatever moral disvalue abortion involves does not rise to the level of murder (...) and hence does not rise to the level of something that should be legally prohibited.In this essay, I argue that, under dualist assumptions about the nature of mind, the fetus is not a person until brain activity has begun.i First, I argue it is a necessary condition for a thing to be a moral person that it is a self. Second, I argue it is a necessary condition for a fetus to be a self, under dualist assumptions, that there has been some electrical activity in the brain. I conclude that a dualist can take the position that abortion ought to be legally permitted at least until the beginning of brain activity in the fetus. (shrink)

The struggle over legal abortion access in the United States is a religious controversy, not a scientific debate. Religious activists who believe that meaningful individual life (i.e., “personhood”) begins at a specific “moment-of-conception” are attempting to pass laws that force this view upon all pregnant persons, irrespective of their medical circumstances, individual preferences, or personal religious beliefs. This paper argues that such actions promote a constitutionally prohibited “establishment of religion.” Abortion policy in a secular state must be based upon scientifically (...) accurate biology, not unprovable theological presuppositions. The scientific facts regarding human pregnancy do not support the position that personhood begins with fertilization—at which point a pregnancy does not yet even exist. Abortion policy should regard the embryo/fetus as part of the pregnant individual’s body until delivery. We argue that individual “personhood” only begins when the _latent_ potentialities of the fetal nervous system are _actualized_ in the newborn after delivery. The paper argues that instantiating non-scientific beliefs concerning embryonic/fetal “personhood” into the law as the basis for abortion policy establishes a state-sponsored religion. The protection of religious liberty requires that abortion be decriminalized. Abortion should be treated like any other medical procedure and regulated similarly. To protect both religious freedom and sound medical practice, individual legal personhood should be recognized as beginning only at birth. (shrink)

When a woman is pregnant, how should we understand the moral status of the life within her? How should we understand its status as conceptus, as embryo, when an early or again matured fetus? According to some, human life in all of these forms is inviolable: early human life has a moral status equivalent to a person from the moment of conception. According to others, such life has no intrinsic status, even late in pregnancy. According to still others, moral (...) status emerges when sentience does. Until the fetus is conscious - a point somewhere at the end of the second trimester, it has no moral status at all; after it is conscious, it does. (shrink)

The view that the fetus' potential for human consciousness confers upon it the right to life has been widely criticised on the basis that the notion of potentiality is so vague as to be meaningless, and on the basis that actual rights cannot be deduced from the mere potential for personhood. It has also been criticised, although less commonly, on the basis that it is not the potential to assume consciousness, but rather the potential to resume consciousness which is (...) morally significant, and on the basis that the fetus does not really possess the potential for consciousness. In response, I argue that these criticisms are mistaken and that the potential for human consciousness is a sufficient condition not simply of potential, but actual, personhood. Since it possesses this potential from the moment of conception, the fetus should be considered an actual person from the moment of its conception. (shrink)

This book articulates an African conception of dignity in light of the salient axiological category of personhood in African cultures. The idea of personhood embodies a moral system for evaluating human lives exuding with virtue or ones that are morally excellent. This book argues that this idea of personhood embodies an under-explored conception of dignity, which accounts for it in terms of our capacity for the virtue of sympathy. It then proceeds to apply this personhood-based conception of dignity to bioethical (...) questions, specifically, those of abortion and euthanasia. Regarding abortion, it concludes that it is impermissible since foetuses possess partial moral status. Regarding euthanasia, it argues that it is permissible for reasons revolving around avoiding the reversing of personhood. It also, though, minimally, touches on the questions regarding the mentally disabled and animals, to which it assigns lower moral status. (shrink)

1. Overview -/- 1.1 Main Divisions When, if ever, is it morally permissible to end the life of a human embryo or fetus, and why? As regards the first of these questions, there are extreme anti-abortion views, according to which abortion is prima facie seriously wrong from conception onwards – or at least shortly thereafter; there are extreme permissibility views, according to which abortion is always permissible in itself; and there are moderate views, according to which abortion is sometimes (...) permissible, and sometimes not. -/- Moderate views appeal to a variety of considerations in support of the view that abortion is sometimes justified, but these fall into four main categories. First, there are cases where the developing human is seriously defective in some way – perhaps such that it will not have a life that is worth living. Secondly, there are cases where continuation of pregnancy would involve serious risks to the life or health of the woman. Thirdly, there are moderate positions according to which the developing human initially does not have serious moral status, or a right to life, but acquires such status at some point before birth. Finally, it is often held that abortion is justified in the case of rape. -/- With the exception of the last consideration, moderate views assume that the moral status of the developing human is crucial with respect to the permissibility of abortion. Moreover, this is a natural assumption that was shared by all sides until the publication in 1971 of Judith Jarvis Thomson’s article “A Defense of Abortion,” in which she argued that abortion is permissible even if one assumes, for the sake of argument, that human embryos and fetuses have a right to life. Thus we have one of the great divides in the philosophical discussion of abortion: Is the moral status of the developing human generally decisive with regard to the moral permissibility of abortion or not? -/- 1.2 The Moral Status of the Developing Human: Thomson and Boonin Thomson’s article evoked many critical responses, along with some defenses, which I have described elsewhere (2013; “Thomson’s Attempt to Defend Abortion in General”). Crucial, however, is David Boonin’s defense (2003), which contains responses to all of the important objections directed against the attempt to show that one can defend abortion while granting that human embryos and fetuses have a right to life fully on a par with that of normal adult human beings. -/- Boonin’s impressive efforts notwithstanding, I do not think that this way of defending an extreme permissibility view is successful. The crucial issue is whether it is morally permissible intentionally to bring into existence an entity with a right to life in a situation where one knows that it will not survive without one’s assistance, and then to refrain from providing that assistance. An especially forceful way of arguing that this is not permissible is found in an article by Richard Langer (1993, 351-2), who argues that if this were permissible, it would follow not only that abortion was justified, but also that it is permissible to allow one’s children to die, some years after birth, simply because one no longer wishes to care for them. -/- 1.3 Moderate Views Moderate positions on abortion raise a number of issues that, for reasons of space, I cannot address here. Some of these depend on the issue of the moral status of the developing human, and defending a moderate view requires showing that both extreme anti-abortion and extreme moral permissibility views concerning the moral status of humans before birth are incorrect. I have argued elsewhere (1983, 285-302, and 2009, 59-63) that the prospects of doing this are not promising. -/- As regards permissibility in the case of rape, everything depends upon whether, as Thomson contends (1971), there is no obligation to be a good Samaritan, rather than merely a minimally decent one, and so no obligation for a woman to remain pregnant to save the life of a being that she was not responsible for bringing into existence. Finally, on the one hand, in cases where the woman will die if an abortion is not performed, virtually all moral philosophers, with the exception of those who embrace the moral view advanced by the Catholic Church in encyclicals by Pope Pius XI (1930) and Pope Paul VI (1968), agree that abortion is morally permissible, while, on the other hand, if the situation is one where there is only some risk that the woman will die if an abortion is not performed, or where the threat is not to the woman’s life, but only to her health, then the situation does seem clear-cut if one assumes that the embryo or fetus has a right to life. -/- 1.4 Extreme Anti-Abortion Views Very different arguments are offered for the view that abortion is in itself never permissible. First of all, in popular discussions, appeal is frequently made to the mere fact of membership in the biologically defined species Homo sapiens, but among those who are philosophically knowledgeable, this line of argument is almost invariably rejected, for reasons that I have set out elsewhere (Tooley, 2009, 21-35). -/- Secondly, appeal is also made to the idea that humans have immaterial minds, or souls – for example, by Stephen Schwartz (1990), J. P. Moreland and Scott B. Rae (2000), Norman Ford (2002), and Francis J. Beckwith, (2005). The postulation of immaterial minds or souls is, however, open to strong objections, since there is excellent evidence that human psychological powers have their categorical bases in neural structures, rather than in an immaterial substance (Tooley, 2009, 15-19). In addition, the postulation of an immaterial soul, conceived of along Thomistic lines, is on a collision course with biology, since such an immaterial soul is held to govern a human’s life processes and biological development. -/- Thirdly, there is the ‘substantial identity’ argument, advanced for example by Patrick Lee (2004), and which claims that an entity possesses a right to life by virtue of the type of substance it is. This view is exposed to a number of strong objections, however, among them the fact that it leads to the unacceptable consequence that a human that has suffered upper brain death still has a right to life (Tooley, 2009, 51-9). -/- The upshot is that most philosophers do not find any of the preceding three lines of argument for an extreme anti-abortion position promising. The focus, accordingly, has been elsewhere – namely, on arguments claiming that human embryos and fetuses have serious moral status, or a right to life, because they have the potentiality for developing those psychological capacities – for thought, self-consciousness, rationality, and so on – that seem clearly relevant to a being’s moral status. -/- In what follows, then, I shall confine my discussion to what seems to me the most crucial issue bearing upon the moral status of abortion, namely, that between, on the one hand, a potentiality account of moral status, and, on the other, the type of approach most commonly appealed to in support of an extreme permissibility position on abortion, namely, a personhood account of the right to life. -/- One of the earliest defenders of the view that potentialities give something a right to life was Jim Stone in his article, “Why Potentiality Matters,” where Stone argues for the conclusion, “we have a prima facie duty not to deprive them of the conscious goods which it is their nature to realize” (1987, 821). Stone’s discussion, however, attracted much less attention than an article published two years later by Don Marquis, entitled “Why Abortion is Immoral.” The latter is one of the most interesting articles on abortion, as well as one of the most discussed––and deservedly so. In what follows, then, I shall focus upon it. -/- My discussion is organized as follows. In section 2, I summarize Marquis’s account of the wrongness of killing. Then, in section 3, I set out an alternative account, one in which the concept of a neo-Lockean person is central. Sections 4, 5, and 6 are then devoted to criticisms of Marquis’s approach, all of which also support the alternative, rights-based, neo-Lockean personhood account. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the (...) moral relevance of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

This book has two main concerns. The first is to isolate the fundamental issues that must be resolved if one is to be able to formulate a defensible position on the question of the moral status of abortion. The second is to determine the most plausible answer to that question. With respect to the first question, the author argues that the following issue–most of which are ignored in public debate on the question of abortion–need to be considered. First, can the (...) abortion question be decided without resolving the issue of the moral status of the fetus? Second, is the fact that the fetus belongs to the biologically defined species Homo Sapiens morally significant in itself? Third, what non-potential properties and necessary and/or sufficient to endow something with a right to life? Fourth, do the corresponding potentialities also make it wrong to destroy something? Fifth, does any property that suffices to give something a right to life admit of degrees, and if so, is it morally significant regardless of the extent to which it is present? Sixth, is it morally permissible to refrain from producing additional people who would lead satisfactory lives? And finally, at what point do developing human beings acquire those properties that give something a right to life – at conception, or at some later point? Alternative answers to these central questions are set out and discussed in a detailed way. Some of the issues are difficult, but it is argued that plausible answers can be advanced, and that they support a liberal position on the morality of abortion. (shrink)

To make progress on the moral status of abortion, it turns out, requires us not just to arbitrate already familiar controversies in metaphysics and ethics, but to attend to the distinctive aspects of pregnancy that often stand at their margins. In the following, I want to argue that if we acknowledge gestation as an intimacy. motherhood as a relationship, and creation as a process, we will be in a far better position to appreciate the moral textures of abortion. I explore (...) these textures, in the first half on stipulation that the fetus is a person, in the second half under supposition that early human life has an important value worthy of respect. (shrink)

Joona Räsänen has proposed a concept he calls Schrödinger’s Fetus as a solution to reconciling what he believes are two widely held but contradictory intuitions. I show that Elizabeth Harman’s Actual Future Principle, upon which Schrödinger’s Fetus is based, uses a more convincing account of personhood. I also argue that both Räsänen and Harman, by embracing animalism, weaken their arguments by allowing Don Marquis’ ‘future like ours’ argument for the immorality of abortion into the frame.

This chapter focuses on moral personhood understood in terms of the notion of moral status. An entity is said to have moral status only if it or its interest matters morally for its own sake. Nonutilitarians tend to think of moral status in terms of entitlements and protections that can conflict with, and sometimes override, doing what would maximize the good and minimize the bad. If moral status comes in degrees, and if there is a status of the highest degree (...) (i.e., full moral status), then moral persons are those with full moral status. After giving a more precise account of it, we assess different views of what it takes to qualify for full moral status (some of which appeal to metaphysical notions of person). We also briefly discuss how metaphysical notions of personhood are put to moral use in utilitarian moral theorizing that eschews the notion of moral personhood. (shrink)

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

In addressing bioethical issues at the beginning of human life, such as abortion, human embryonic stem cell research, and therapeutic cloning, a primary concern is to establish when a developing human embryo or fetus can be considered a “person”; for it is typically held that only persons are the subjects of moral rights, such as a “right to life.” The 13th century philosopher and theologian Thomas Aquinas defines a person as “an individual substance of a rational nature” (ST Ia.29.1); (...) he further asserts that all human beings are persons (ST Ia.16.12 ad 1), but that an embryo or fetus is not a human being until its body is informed by a “rational soul.” Aquinas’s account of human embryogenesis has been generally rejected today due to its dependence upon medieval biological information. A number of scholars, however, have attempted to combine Aquinas’s basic metaphysical account of human nature with current embryological data to develop a contemporary Thomistic account of a human being’s beginning. (shrink)

In an influential essay entitled Why abortion is wrong, Donald Marquis argues that killing actual persons is wrong because it unjustly deprives victims of their future; that the fetus has a future similar in morally relevant respects to the future lost by competent adult homicide victims, and that, as consequence, abortion is justifiable only in the same circumstances in which killing competent adult human beings is justifiable.1 The metaphysical claim implicit in the first premise, that actual persons have a (...) future of value, is ambiguous. The Future Like Ours argument (FLO) would be valid if “future of value” were used consistently to mean either “potential future of value” or “self-represented future of value”, and FLO would be sound if one or the other interpretation supported both the moral claim and the metaphysical claim, but if, as I argue, any interpretation which makes the argument valid renders it unsound, then FLO must be rejected. Its apparent strength derives from equivocation on the concept of “a future of value”. (shrink)

The philosophical literature would have us believe that the conservative view on abortion is based on the claim that the fetus is a person from the time of conception. Given the widespread acceptance of this analysis, it comes as something of a surprise to learn that it conflicts with a number of major arguments offered in support of the conservative view. I argue, in the present paper, that a careful examination of these inconsistencies establishes that the personhood analysis is (...) mistaken: the conservative view is based on the natural process of fetal development, not the personhood of the fetus. (shrink)

This chapter considers the status of metaphysical capacities in the debates on personhood and value theory in African philosophy. Specifically, it considers whether metaphysical capacities are morally neutral, instrumentally good or intrinsically good. The inquiry into the status of metaphysical capacities arises because it is important for the concept of human dignity in African thought. This question emerges because there are scholars that reject capacity-based theories of value and personhood (the minimalist view of personhood) for the performance/merit-based theories of value (...) and personhood (the maximalist view of personhood), which debate has implications for the concept of human dignity in African philosophy. This chapter presents Ikuenobe’s personhood/merit-based theory of human dignity, and it further provides three reasons why we should prefer the metaphysical capacity-based theory of human dignity. The capacity-based theory of value has the theoretical advantages of being more useful in bioethical debates, animal ethics and political theory. The chapter argues that there are good moral-political reasons to attach intrinsic value to the metaphysical capacities of our nature, where intrinsic dignity (minimalist personhood) is primary and achievement dignity (maximalist personhood) is secondary in African moral thought. (shrink)

This chapter contains sections titled: The Ancient Practice of Abortion, and Continuing Controversies Universalized Maxims Are Not Retroactive The Formula of Humanity: Appealing to Personhood Thomson and Boonin: The Personhood of the Fetus Does Not Matter The Elements of Personhood: Self‐Consciousness, Humanity, Responsibility An Attempt to Bring Fetuses into Kant's Moral Community: The Appeal to Kind Another Common Strategy: The Argument from Potential Do We Have Indirect Duties to Fetuses? No Fetuses, No Children The Need for a Pragmatic Concept (...) of Personhood The Specter of Infanticide Kant's Appeal to God Problematic Implications of the Appeal to Personhood Our Kantian Heritage: Trouble with Those at the Margins of Personhood. (shrink)

Vol. I: Foundations • Meta-Ontology • Propositions, States of Affairs, and Events • Universals, Properties, and Kinds • Substances, Bundles, and Substrata -/- Vol. II: Metaphysics of Modality • Possible Worlds • Actualism and Possibilism • Essentialism • Causation and Laws of Nature • Reduction and Supervenience -/- Vol. III: Time and Identity • Time • Individuation • Composition and Material Constitution • Change and Persistence • Realism, Anti-Realism, and Vagueness -/- Vol. IV: God and Persons • The Existence of (...) God • Mind and Body • Personhood and the Self • Fatalism, Determinism, and Free Agency. (shrink)

The five essays reprinted here from Philosophy and Public Affairs deal with some of the central issues involved in the debate about the morality of abortion. Over half the text consists of Judith Jarvis Thomson’s widely discussed "A Defense of Abortion," a criticism of her essay by John Finnis and Thomson’s reply to this criticism. In her controversial essay, Thomson argues that even if a fetus were a human being from the moment of conception, abortion would still be morally (...) permissible in many cases. Women, having the right to use their bodies as they choose, need not allow a fetus to use it. Although it needs a mother’s body, the fetus’ use of it depends upon the mother’s good will. In "Rights and Wrongs of Abortion," Finnis contends that Thomson ignores the morally significant difference between direct and indirect killing of the innocent; abortion involves the first type of killing but the examples Thomson uses in arguing her case involve only the latter. In "Rights and Deaths." Thomson argues that the distinction between direct and indirect killing does not make the moral difference that Finnis claims. She offers some fascinating examples where direct killing of the innocent seems as justifiable as indirect killing. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the (...) class='Hi'>fetus is a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

I argue that the personhood of a fetus is analogous to the the heap. If this is correct, then the moral status or intrinsic value of a fetus would be supervenient upon the fetus's biological development. Yet to compare its claim vis-a-vis its mother's, we need to consider not only their moral status, but also the type of claim they each have. Thus we have to give weight to the two factors or variables of the mother's moral (...) status and her claim to some lesser good . And then we have to consider the fetus's lesser moral status and its claim to some greater good, namely, life. I argue that we do not know how to compare these two-variable claims. This also explains why the central cases of abortion have been so difficult to resolve. I suggest that the problem of animal rights has a similar structure. (shrink)

Defenses of abortion have by and large focussed upon one or the other of two topics: the question of the personhood of the fetus, or the question of the woman’s rights as weighed against those of the fetus. I will criticize one attempt—probably the most widely read, certainly the most widely anthologized—to defend abortion by denying the personhood of the fetus, and conclude that the determination of the personhood of the fetus, or its lack thereof, should (...) await a full and sensitive discussion of rights. I will then try to show how that conclusion points in the direction of the strongest defense of abortion. (shrink)

This article seeks to explore utilitarian conceptions of personhood which for a long time have been employed as part of a rational moral justification for the termination of pregnancy. Michael Tooley's desires-based rights approach to personhood presented in his work Abortion and Infanticide is considered and, it is argued, is found wanting when one considers unconscious adults and their ability to desire life. This article will offer that unconscious sleeping individuals only have the potential to regain the capacity to value (...) their own life and, as such, under Tooley's formula for personhood, temporarily lose their status as a person. Following this, John Harris's utilitarian views on the status of the sleeping adult will be considered and deconstructed to show that, like Tooley, his ascription for personhood falls down at the sleeping adult. This article illustrates that utilitarian conceptions of personhood leave the sleeping adult human devoid of the rights of a person and hence render the value of this consquentialist theory, with regard to the idea of personhood, in severe doubt. The paper argues that utilitarian conceptions of personhood do little more than obstruct the worthy debate over the morality of abortion. (shrink)

Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin (...) and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision. (shrink)

Two notable limitations exist on the use of personhood arguments in establishing moral status. Firstly, although the attribution of personhood may give us sufficient reason to grant something moral status, it is not a necessary condition. Secondly, even if a person is that which has the ‘highest’ moral status, this does not mean that any interests of a person are justifiable grounds to kill something that has a ‘lower’ moral status. Additional justification is needed to overcome a basic wrongness associated (...) with killing something possessing moral status. There are clear arguments already available in this regard in the case of a foetus that are not available in the case of a newborn infant. Hence, there is scope to consistently hold that abortion may be permissible but that after-birth abortion may not be permissible. (shrink)

The abortion debate rages on. Yet the two most popular positions seem to be clearly mistaken. Conservatives maintain that a human life begins at conception and that therefore abortion must be wrong because it is murder. But not all killings of humans are murders. Most notably, self defense may justify even the killing of an innocent person.Liberals, on the other hand, are just as mistaken in their argument that since a fetus does not become a person until birth, a (...) woman may do whatever she pleases in and to her own body. First, you cannot do as you please with your own body if it affects other people adversely. Second, if a fetus is not a person, that does not imply that you can do to it anything you wish. Animals, for example, are not persons, yet to kill or torture them for no reason at all is wrong. (shrink)

In a recent paper, Lee Kerckhove and Sara Waller (hereafter K & W) argue that the concept of personhood is irrelevant for the abortion debate.1 Surprisingly, this irrelevance is due merely to the fact that the predicate ‘being a person’ — hereafter ‘personhood’ — is inherently vague. This vagueness, they argue, reduces ‘personhood’ to incoherency and disqualifies the notion from being a useful moral concept. In other words, if ‘personhood’ isn’t a precise notion with well-defined boundaries, then it cannot be (...) of any use in the debate over the permissibility of abortion. This argument is mistaken. While it may be true that ‘personhood’ is irrelevant for the debate over abortion (a substantive issue not dealt with in this paper), it is not true that ‘personhood’ should be disqualified merely because it is vague. Section 2 of the paper is a quick survey in which I briefly review the importance of ‘personhood’ in some of the more recent literature concerning the moral status of abortion. Section 3 is a reconstruction of K & W’s argument against the relevancy of ‘personhood’ and a criticism showing why their argument fails. Section 4 approaches the use of a vague predicate in moral debate and explores the application of ‘personhood’ given three contemporary solutions to vagueness: degree theory, epistemicism and supervaluationism. (shrink)

Some commentators argue that conception constitutes the onset of human personhood in a metaphysical sense. This threshold is usually invoked as the basis both for protecting zygotes and embryos from exposure to risks of death in clinical research and fertility medicine and for objecting to abortion, but it also has consequences for certain religious perspectives, including Catholicism whose doctrines directly engage questions of personhood and its meanings. Since more human zygotes and embryos are lost than survive to birth, conferral of (...) personhood on them would mean – for those believing in personal immortality – that these persons constitute the majority of people living immortally despite having had only the shortest of earthly lives. For those believing in resurrection, zygotes and embryos would also be restored to physical lives. These outcomes do not mean that conception cannot function as a metaphysical threshold of personhood, but this interpretation carries costs that others do not. For example, treating conception as a moral threshold of respect for human life in general, rather than as a metaphysical threshold of personhood, would obviate the prospect of the afterlife being populated in the main by persons who have never lived more than a few hours or days. (shrink)

In a recent issue of this journal, Kevin Corcoran has argued that the metaphysical theory one holds to about the nature of human persons is irrelevant to the sort of ethical questions that occupy bioethicists as well as the general public. Specifically, he argues that whether one holds a constitution view of human persons, an animalist view, or a substance dualist view, the real work in one’s ethical reasoning is done by certain moral principles rather than by metaphysical ones. I (...) raise objections to his analysis and propose that it is a combination of ethical principles and metaphysical principles that does the work in our judgements about the morality of abortion and other actions. (shrink)

This paper consists of brief critical comments on Chapter 8, “Personifying Group Agents”, of Christian List’s and Philip Pettit’s book Group Agency (2011). A first set of objections concerns the chapter’s history of ideas. List and Pettit present the history of the idea of corporate personhood as divided between “intrinsicist” and “performative” conceptions. I argue that this distinction does not fit with the historical record and that it makes important political and legal divides and battles invisible. A second set of (...) criticisms builds on perspectives provided by the sociology of knowledge and by John Dewey. My guiding thought here is that “person”, at least when the term is applied to groups, is what political scientists call an “essentially contested concept”. My third set of comments targets the rudimentary political philosophy of List’s and Pettit’s book. I suggest that List’s and Pettit’s corporate personhood theory turns out to be normatively irrelevant; that their concept of “respect” is marred by an ambiguity; and that it remains unclear how their work constitutes progress in guarding against corporate power. (shrink)

This article argues that the concept of personhood is intrinsically relational and that a relational understanding of created personhood can be derived from divine personhood and understood systematically in relation to itself, the pre-personal world and to other persons. Insofar as this set of three relationships is understood to be dislocated by sinful self-enclosedness in the penultimate reality and standing in contradiction to the ultimate reality retrospectively constituting it, the article suggests that all created personhood at present could be called (...) ‘potential’ personhood. The article then examines the concept of personhood maintained by Alberto Giubilini and Francesca Minerva in their recent paper on ‘after-birth abortion’ in comparison to Johannes Fischer’s discussion of embryonic stem cell research and personhood. In response to both, the article concludes that it is not possible at present for humans to make a concrete external identification of the divine relation that internally constitutes created personhood. As a result, the article proposes adopting a veil of ignorance with reference to the status of embryonic personhood, as it would be worse to deny the status of personhood to an actual person than to attribute personhood to a non-person. (shrink)

The epistemological and sociological consequences of post-modernity include the inability to show moral strangers, in terms they can see as binding, the moral wrongness of activities such as abortion. Such activities can be perceived as morally disordered within a content-full moral narrative, but not outside of the context it brings. Though one can salvage something of the Enlightenment project of justifying a morality that can bind moral strangers, one is left with moral and metaphysical views that can be recognized as (...) impoverished and incomplete by those who live their lives within the embrace of a content-full moral narrative. The cardinal dualism of post-modemity is not that which separates mind from body, but the gulf between the morality binding moral strangers and that binding moral friends. Keywords: dualism, human embryo, personhood, post-modernity CiteULike Connotea Del.icio.us What's this? (shrink)

Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. (...) at nine months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)

Feticide, the practice of terminating the life of an otherwise viable fetus in utero, has become an increasingly common practice in obstetric centres around the globe, a concomitant of antenatal screening technologies. This paper examines this expanding practice in light of the concept of human dignity. Although it is assumed from the outset that even viable human fetuses are not persons and as such do not enjoy full membership in the moral community, it is argued that the fact that (...) these are nevertheless human fetuses affords them prima facie moral status. Thus even those who accept a liberal position with regard to therapeutic abortion, should be concerned about these more recent developments. Indeed, how we treat viable human fetuses has implications for our prospective treatment of other human non-persons and could undermine the common human dignity we all share. (shrink)

This article begins with an introduction to the biology behind embryonic stem cell research. Next it presents briefly four views of moral status, based on four different criteria: biological humanity, personhood, possession of interests, and having a future-like-ours. On two of these views, embryos clearly lack moral status, but they most likely do not have moral status on the FLO account either. Only the biological humanity criterion combined with the view that life begins at conception results in the conclusion that (...) very early extracorporeal embryos have full moral status, making ESC research that destroys embryos morally wrong. This explains why even some who are anti-abortion are not against ESC research: they do not view the very early, extracorporeal embryo as having the same moral status as the fetus. (shrink)

This article responds to Giubilini and Minerva’s article ‘After birth abortion: why should the baby live?’ published in the Journal of Medical Ethics. They argue for the permissibility of ‘after-birth abortion’, based on two conjoined considerations: (1) the fetus or newborn, though a ‘potential person’, is not an actual person, because it is not mature enough to appreciate its own interests, and (2) because we allow parents to terminate the life of a fetus when it is diagnosed with (...) a deformity or fatal illness because of the burden it will place on the child, parent, family or society we should also allow parents to do the same to their newborn, since it is no more a person than the fetus. The author critiques this case by pointing out (a) the metaphysical ambiguity of potential personhood and (b) why the appeal to burdens is irrelevant or unnecessary. (shrink)

The purpose of this paper is to argue that the tactic of granting a fetus the legal status of a person will not, contrary to the expectations of opponents of abortion, provide grounds for a general prohibition on abortions. I begin by examining two arguments, one moral (J. J. Thomson's A Defense of Abortion) and the other legal (D. Regan's Rewriting Roe v. Wade), which grant the assumption that a fetus is a person and yet argue to the (...) conclusion that abortion is permissible. However, both Thomson and Regan rely on the so-called bad samaritan principle. This principle states that a person has a right to refuse to give aid. Their reliance on this principle creates problems, both in the moral and the legal contexts, since the bad samaritan principle is intended to apply to passive refusals to aid; abortion, however, does not look like any such passive denial of aid, and so it does not seem like the sort of action covered by the bad samaritan principle. In defense of the positions outlined by Thomson and Regan, I argue that the apparent asymmetry between abortion and the usual type of case covered by the bad samaritan principle is only apparent and not a genuine problem for their analyses. I conclude with a defense of the morality of the bad samaritan principle. (shrink)

The question of what constitutes personhood is controversial in Western bioethical literature especially in relation to its implications for healthcare. Godfrey Tangwa explores the traditional African perspective of a person and maintains that it is different totally from the Western perception as there is no dichotomy between a person and a human being in the African context. He defends a conception of personhood as a moral agent rather than a moral patient, which the Western view focuses on. The basic justification (...) he offers in support of his position is the eco-biocommunitarian worldview. This paper seeks to respond to Tangwa by arguing that his positions on person are not only metaphysically superfluous; they are also ethically incoherent. This paper argues that Tangwa’s theses on “the traditional African perception of a person” are inaccurate representations and misapprehension of the common notion of personhood in sub-Saharan Africa. In reconstructing an African concept of personhood, this paper explores its plausible implications for global clinical bioethics relevance. (shrink)

Introduction There has been philosophical discussion for centuries on the nature and scope of human life. Lucretius, for example, contends that human life ...

This paper explores the rationale for violence and coercion aimed at preventing abortion conceived as the killing of an innocent person. Some important arguments for personhood at conception are examined, and in the light of the examination the paper considers whether they warrant concluding that a free and democratic society should pass laws recognizing personhood at conception. The wider concern is what principles such a society should use as a basis for legal coercion and what principles conscientious individuals should use (...) insofar as they judge that self-defense or, especially, protection of the innocent, requires violence. (shrink)

This article examines the concept of the perfect, a key idea in Lev P. Karsavin’s metaphysics that largely determines his understanding of personhood and its ontological status. The associated concept of the perfect person develops throughout the entire philosophical period of the thinker’s work, from his Philosophy of History to his treatise “On Perfection,” written in the last year of his life in the Abez’ camps. In this article, I argue that the concept of perfection is the main structural element (...) in Karsavin’s religious–philosophical system, making it ontologically full and complete. I believe the Christian idea of the perfection of man in God, philosophical variations of which Karsavin finds in Nicholas of Cusa’s system of total unity and Vladimir Solovyov’s idea of Godmanhood, is both the initial intellectual intuition and the ontological premise of the thinker’s metaphysical constructions. His religious–philosophical work has a continuity with Russian culture’s spiritual tradition, where patristic thought of man considers the ideal to be the spiritual transcendence of the person in his striving toward the Perfect God. This evangelic idea turns out to be the central binding element both of Karsavin’s Christian personology and of his metaphysics of history, which is resolved in a metaphysical vein. (shrink)

I argue against responsibility arguments that offer a defence of abortion even on the assumption that the fetus is a person. I focus on argumentation originally offered by Judith Jarvis Thomson and then later defended by David Boonin. I offer thought experiments meant to show that, under certain conditions, one bears moral responsibility for creating a fetus. I then offer a positive argument for when one is morally responsible for the creation of a fetus. This argument relies (...) on the presence of other forms of sex that reasonably approximate the goods of penile-vaginal intercourse. Given the presence of these options, sexual partners who engage in penile-vaginal intercourse bear moral responsibility for the creation of the fetus. While I do not think this argument settles the abortion debate – there still may be other ways to successfully defend abortion – it does explain why responsibility arguments like those offered by Thomson fail. (shrink)

This essay deals with the question of the morality of abortion and infanticide. The fundamental ethical objection traditionally advanced against these practices rests on the contention that human fetuses and infants have a right to life, and it is this claim that is the primary focus of attention here. Consequently, the basic question to be discussed is what properties a thing must possess in order to have a serious right to life. The approach involves defending, then, a basic principle specifying (...) a condition living things must satisfy to have a serious right to life, and the answer given makes it unlikely that this condition is satisfied by human fetuses and infants, though this tentative conclusion could be altered by future scientific studies of the development of the human brain. As things stand at the moment, however, it seems unlikely that developing humans acquire the physical basis of the psychological capacities on which the right to continued existence rests, and therefore unless there are other substantial objections to abortion and infanticide that undercut the above line of thought, the conclusion is that such practices are not intrinsically wrong. (shrink)

The issue of what constitutes a person is examined in relation to whether or not the fetus or newborn has qualities of personhood. The discussion also dwells on birth and viability as determining factors in decisions concerning terminations. Such decisions are stated to be constrained by both biological and social factors, particularly in the way in which the fetus can possess personhood only through the ‘absorption’ of such froni its mother; both mother and fetus together are ‘the (...) person’. This article also considers whether, on Piagetian grounds, one can make personhood comparisons between infants and adults and suggests that such comparisons are a mistake. A social critique of Piagetian principles shifts the emphasis from individualism towards consideration of school, family and environmental factors. Equally, it is not feasible to view the fetus as an entity that is separate from its mother's perceptions of its social as well as its physical status. Finally, because termination decisions occur against ‘real life’ (and highly charged) backgrounds, we must reject any notion that such decisions are only an intel-lectual exercise. It is assumed that nurses would implicitly understand this and some attempt is made to state why this is so. (shrink)

The frequency of death from miscarriage is very high, greater than the number of deaths from induced abortion or major diseases.Berg (2017, Philosophical Studies 174:1217–26) argues that, given this, those who contend that personhood begins at conception (PAC) are obliged to reorient their resources accordingly—towards stopping miscarriage, in preference to stopping abortion or diseases. This argument depends on there being a basic moral similarity between these deaths. I argue that, for those that hold to PAC, there are good reasons to (...) think that there is no such similarity. There is a morally relevant difference between preventing killing and letting die, giving PAC supporters reasons to prioritize reducing abortion over reducing miscarriage. And the time-relative interest account provides a morally relevant difference in the badness of death of miscarriages and deaths of born adults, justifying attempts to combat major diseases over attempts to combat miscarriage. I consider recent developments in the literature and contend that these new arguments are unsuccessful in establishing moral similarities between deaths from miscarriage and abortion, and deaths from miscarriage and disease. (shrink)

In 21st century America, personhood is under daily assault, sometimes with dire consequences. Scientist, ethicist, and ordained minister Craig C. Malbon encourages the reader to consider such assaults on personhood endured by victims of abortion, ageism, Alzheimer's disease, drug addiction, mental and physical disabilities, gender, gender orientation, racism, sexual preference, identity politics, and our will-to-power over the "other." In exploring personhood status, Malbon poses difficult questions for us. Is personhood assigned as all-or-nothing, or is it a sliding scale based upon (...) criteria arbitrarily aimed at our vulnerabilities? Does the voiceless embryo and fetus have advocates who can speak to the moral question of abortion? Is the personhood of an economically insecure pregnant woman degraded to the point where lack of access to early termination of pregnancy results in "coercive childbearing?" Does being a member of the LGBTQI+ community target one for assaults on personhood, to the extreme of being killed? In delving into the biology and psychology of assaults of "self" upon the "other," Malbon sees powerful linkages of everyday assaults on personhood to darker, profound "original sins" that are foundational to the rise of the American empire, i.e., assaults on the indigenous Native Americans and assaults derivative to the institution of slavery upon Africans, African Americans, and their descendants. (shrink)