The Ethics of Abortion 2

Application of ethical theories

Powerpoints prepared by Julie Arliss and Peter Vardy

Deciding when a person is formed is the first step in considering the ethics of abortion.

The second is to decide which ethical theory to apply.

Possible ethical schemes include: NATURAL LAW, KANTIAN ETHICS,

UTILITARIANISM AND SITUATION ETHICS

What is it to be a person?

The answer to this will determine how the discussion develops If humans are advanced animals with no special status in the

world, then the issue is whether ALL life from the moment of conception must be valued. This includes animal life. Within this framework humans are no different to animals and to treat them as ethically different is to be speciesist.

No-one is prepared to argue that a hen who tramples on her newly fertilized egg is culpable and so the argument about the value of human life from the moment of conception arguably does not get off the ground.

Unless one is clear on this issue, one cannot really discuss the abortion issue philosophically. THE KEY ASSUMPTION IN MOST DEBATES IS THAT HUMANS ARE DIFFERENT TO ANIMALS. IF THEY ARE NOT, WHY HAVE SPECIAL LAWS TO PROTECT HUMAN LIFE AND NOT ANIMAL LIFE?

Within societies which value human persons above animals and plants the key issue is when the embryo becomes a person.

Some definitions SPERM containing the male seed – 200

million in each ejaculation and they are produced throughout a man’s life.

EGGS. A woman has 500 000 OOCYTES from the time that she is a 15 week fetus. Each month, one Oocyte ‘ripens’, in response to hormones, to form an OVA. Sperm and Ova contain half the DNA of all other cells in the body.

ZYGOTE – Fertilised egg. PRE-EMBRYO – state after two days. EMBRYO – after fourteen days when

advanced differentiation of cells begins. FOETUS or FETUS – After eight weeks

when the embryo begins to look like a person.

NATURAL LAW

Natural Law The natural law tradition maintains that a thing

is good if it is fulfilling its purpose. The Roman Catholic church’s ethical position is

based on Natural law – based on the philosophy of Aristotle and interpreted in a Christian context by St. Thomas Aquinas.

If the purpose of human life is to procreate and abortion frustrates this purpose it is therefore wrong.

From the moment of conception the conceptus has the ‘purpose’ of becoming a person. Abortion frustrates the purpose of the embryo and is therefore always wrong.

But how do we define the moment of conception? When the sperm enters egg? (see the first set of Powerpoint slides for discussion of this issue)

Fertilization itself is not a single moment. It takes about 30 hours.

If fertilizations succeeds, the zygote or pre-embryo develops rapidly - after 14 days, the cells have differentiated and it is clear which cells will form the embryo and which will form the placenta and the membrane.

If a woman conceives 14 days or less before her period, it is highly likely that the fertilized egg will not implant – it is believed that between a third and a half of fertilized embryos are 'lost' during the next period without the woman even knowing that she conceived. These foetuses are sometimes described as 'naturally aborted‘.

St. Augustine Augustine recognised that a fertilized egg did not

have the same status as an embryo. He put it like this:

'If what it brought forth is unformed but 'If what it brought forth is unformed but at this stage some sort of living, at this stage some sort of living, shapeless thing, then the law of homicide shapeless thing, then the law of homicide would not apply, for it could not be said would not apply, for it could not be said that there was a living soul in that body, that there was a living soul in that body, for it lacks all sense, if it be such that is for it lacks all sense, if it be such that is not yet formed, and therefore not yet not yet formed, and therefore not yet endowed with its senses.'endowed with its senses.'

For Augustine the 'living soul' did not exist at conception. A foetus became a person when it acquired an immortal soul - this was 'added' directly by God. Augustine was influenced by Aristotle who maintained that souls were formed at 42 days for boys and 90 days for girls.

History of the debate…

1) Theodore decreed in the 7th Century that a woman 1) Theodore decreed in the 7th Century that a woman having an abortion after the 40th day of conception should having an abortion after the 40th day of conception should do penance as if she had committed murder.do penance as if she had committed murder.

2) Aquinas in the C132) Aquinas in the C13thth followed Aristotle and maintained followed Aristotle and maintained the 40/90 day male/female distinction. Abortion before the 40/90 day male/female distinction. Abortion before these dates was sinful as, like birth control, it frustrated these dates was sinful as, like birth control, it frustrated the purpose of conception, BUT it was not to be treated in the purpose of conception, BUT it was not to be treated in the same way as murder as a soul was not present.the same way as murder as a soul was not present.

3) In 1588, Pope Sixtus V effectively said that from the 3) In 1588, Pope Sixtus V effectively said that from the point of view of Church (Canon) Law and Secular Law ANY point of view of Church (Canon) Law and Secular Law ANY abortion should be considered as murder.abortion should be considered as murder.

4) This decree met strong opposition, so Pope Gregory X1V 4) This decree met strong opposition, so Pope Gregory X1V returned to earlier laws and the abortion of a foetus which returned to earlier laws and the abortion of a foetus which had not received a soul and which was not, therefore, had not received a soul and which was not, therefore, considered to be 'animated' was no longer considered to considered to be 'animated' was no longer considered to be an act of murder.be an act of murder.

History of the debate contd.

5) In 1869, Pope Pius 1X decreed that all those who 5) In 1869, Pope Pius 1X decreed that all those who procured abortion should be excommunicated - procured abortion should be excommunicated - whatever the age of the foetus. The Catholic Church whatever the age of the foetus. The Catholic Church still, today, remains committed to the rejection of still, today, remains committed to the rejection of (almost) all forms of abortion.(almost) all forms of abortion.

6) The Church of England, in a 1965 report prepared for 6) The Church of England, in a 1965 report prepared for Synod which was welcomed by Synod although without Synod which was welcomed by Synod although without being officially endorsed, rejected the absolute view being officially endorsed, rejected the absolute view that from the moment of conception onward a that from the moment of conception onward a fertilized egg had the rights of a human person. In fertilized egg had the rights of a human person. In 1988, the Archbishop of York, John Habgood, 1988, the Archbishop of York, John Habgood, maintained that only when the cells differentiate maintained that only when the cells differentiate rather than multiply can the embryo be firmly rather than multiply can the embryo be firmly considered to be a person.considered to be a person.

7) A 1966 Church of Scotland report claimed that whilst 7) A 1966 Church of Scotland report claimed that whilst abortion was a serious matter, in the Reformed abortion was a serious matter, in the Reformed Christian tradition the paramount concern was with Christian tradition the paramount concern was with thethe mother.

The Moment of conception

The claim that a fertilised egg is a person is highly The claim that a fertilised egg is a person is highly questionable as the following extract makes clear:questionable as the following extract makes clear:

‘Very frequently the early embryo is referred to Very frequently the early embryo is referred to as ‘just a ball of cells’. One reason for this is that as ‘just a ball of cells’. One reason for this is that until the fourteenth day, when the primitive until the fourteenth day, when the primitive streak appears, the zygote has the potential to streak appears, the zygote has the potential to divide in such a way that twins are formed. divide in such a way that twins are formed. Suppose the result of fertilisation is eventually Suppose the result of fertilisation is eventually the formation of twins; can it be said that each the formation of twins; can it be said that each was an individual before the critical division was an individual before the critical division occurred? ‘occurred? ‘

This was the basis of the British Warnock report adopted by the House of Commons in 1973 allowing experimentation of embryos up to 14 days.

McCormick’s argument

The Catholic moral theologian Richard McCormick argues that:

The scientific data suggests convincingly that the pre-embryo is NOT yet a person. In other words, the Catholic Congregation for the Doctrine of the Faith is wrong.

Nevertheless, although the pre-embryo is only a potential person it should be treated as a person because of its potential,

However exceptions to (2) should be laid down at national level to permit research under agreed guidelines. He specifically defines 'research’ as applying to procedures that would make subsequent implantation impossible.

Natural Law and Abortion According to Natural Law everything consists of

actuality and potentiality apart from God who has no potential.

If a thing is being fully whatever it is to be that thing it is good.

Natural Law stands on the claim that there is one single human nature, which may be discovered by reason.

Whatever furthers this human nature is good, whatever frustrates it is bad.

It can be argued that an embryo is only part formed in actuality, but has all the potential of being a full human person. It should be respected and valued for its POTENTIAL and accorded the same moral status and protection as a every other person.

Natural Law and Abortion

BUT we do not normally value a person’s potential as we do their actuality.

John Harris: we all have potential to be corpses but this does not justify treating or valuing each other as if we already are corpses.

THE MOMENT OF CONCEPTION

No-one thinks that an egg or a sperm has rights. Why should egg and sperm together be a person which has rights?

Certainly when sperm enters egg, all the genetic material to make a person is present – but whether this POTENTIAL PERSON must be respected as, or is already, an ACTUAL PERSON is a key issue in the debate.

Feeling Pain Whether a foetus is a person is a different issue

from whether it can feel pain. Professor Anne McLaren of the Royal College of Obstetricians and Gynaecologists in London said in a report issues in October 1997 that the working group which she chairs:

‘‘... had looked at the scientific evidence and ... had looked at the scientific evidence and found that before 26 weeks there was no found that before 26 weeks there was no awareness of pain. This should reassure the awareness of pain. This should reassure the overwhelming minority of women who have a overwhelming minority of women who have a termination at this late stage that there is no termination at this late stage that there is no possibility of the foetus feeling pain.... What we possibility of the foetus feeling pain.... What we are saying to doctors is that after 24 weeks they are saying to doctors is that after 24 weeks they should consider giving some sort of analgesia. should consider giving some sort of analgesia. We don’t know what the effect of an analgesia We don’t know what the effect of an analgesia would be on the child and it is difficult to find would be on the child and it is difficult to find out….’out….’

When is a person formed? If one is a dualist one needs to

decide when a soul originates or is implanted.

If one is a monist one needs to decide when human tissue changes to a human person which has rights. There is no clear agreement on this.

Some hold that it is when the foetus is viable outside the womb, some when it can feel pain, some when the main organs are formed…..

Morning after PillWHAT IS THE ETHICAL DIFFERENCE BETWEEN

TAKING THIS IN THE FIRST AND SECOND HALF OF A WOMAN’S CYCLE?

1) In the first half, the pill prevents ovulation – hence it is a barrier to conception.

2) In the second half it prevents implantation – hence it is killing the fertilised egg.

The IUD contraceptive device also causes an abortion by preventing fertilised eggs from implanting.

KANTIAN ETHICS

Kant’s Ethical Theory Kant’s ethical theory is deontological:

proper behaviour is not dependent on consequences.

There are absolutes and through REASON we can work out what these absolute moral laws are. Humans alone have access to the moral law because only humans have the capacity to reason. The defining characteristic of what it is to be human for Kant is REASON.

Kant gives notably few examples of absolutes himself!

But he introduces a number of tests that can be applied in ethical decision making to see if the decision is ethical.

1. Is the person acting according to good will? Good will demands a response according to reason not personal desire.

THE CATEGORICAL IMPERATIVE2) The Categorical Imperative has various

formulations. The most important, is the rule of Universalization. ‘Act so that the maxim of your action can be a universal law’

Are you willing to carry out the rule yourself? Can you wish all people would obey the principle you act

on? Would all rational people of good-will agree? Is it self contradictory? ‘Always accept and never give’

3. The second formulation of the Categorical Imperative: ‘Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.’

People are rational and therefore have intrinsic worth. The value of a person is not determined by their usefulness. Does the action you propose result in USING someone?

KANT and Abortion Applying Kant’s ethical theory will depend upon a prior

decision regarding the status of the embryo. IT CAN BE ARGUED THAT THE EMBRYO IS NOT TO BE

REGARDED AS A PERSON OF MORAL STATUS As a person the pregnant woman is RATIONAL and has a

capacity for autonomous thinking. This does not develop until some months after birth in the case of the unborn. It might be argued that there is no reason to respect the fetus until sometime after birth when it develops this specifically human capacity. Infanticide might then be regarded as acceptable.

If what defines a person is their capacity to reason, why not respect the autonomy of a woman who decides that she wishes to stop being pregnant?

Forcing a woman to have a baby that she does not want by refusing her an abortion is to treat her as a means to an end…the means to the production of a baby against her will.

‘ a man is not a thing , that is to say, something which can be used merely as a means, but must in all his actions be always considered as an end in himself.’

Kant and Abortion (2) It is not clear that Kant defined what it is to be

human solely in terms of reason. If a fetus has the capacity to develop the

specifically human art of reason, might that not mean that it has interests as well as the woman? If the fetus has moral status Kant can be used to challenge abortion:

If so then a good-will might argue that it is a duty to have the child, however inconvenient.

What motivates the woman to have an abortion? Does she fulfil the ‘good-will’ criteria? Is the decision based on reason or desire? Or fear? Who is she considering? Herself or the embryo?

Can abortion become a ‘universal law of nature?’ Can we will that all fetuses are aborted?

Alternatively can the duty to care for the weak and vulnerable – those with no voice in society - be universalised?

Kant is not very helpful when there is a conflict of interests between different possible Categorical Imperatives…

HOW DOES ONE DECIDE? Kant’s ethical theory does not help one to decide the

essential question about the personhood of the fetus or about the competing interests of the fetus and the mother.

UTILITARIANISM

Jeremy Bentham 1748 -

1832 and Utilitarianism Ethics are subjective – they are

something we do for ourselves. WE make ethics and we make laws. This is a secular theory of ethics.

There is no God by which to measure human behaviour.

The only measure is the amount of pleasure or pain created by our actions.

It is a CONSEQUENTALIST theory – it is the consequences, measured in terms of the AMOUNT of pleasure or pain that makes an action good or bad, right or wrong.

The resultant pleasure does not have to be evenly distributed. It could be the intense pleasure of one person set over the mild discomfort of many others.

BENTHAM’S HEDONISTIC CALCULUS

INTENSITY - How intense is the pleasure? e.g. intense but short, sex

DURATION - For how long does it last? e.g. less intense but longer – for instance a party

CERTAINTY - How certain is it that the pleasure will be attained - what are the risks? The cost of a good dinner versus a bet

NEARNESS AND REMOTENESS - How close is the pleasure to being realised? Long and short term pleasure

FRUITFULNESS - How much does the immediate pleasure generate longer term pleasure and other pleasures?

PURITY - How pure is the pleasure and how little pain is mixed in?

EXTENT - How many people are affected by the pleasure? The more affected the better

CONSIDERING ALL OF THE ABOVE BOTH FOR A DECISION TO ABORT OR NOT. CONSIDER THE RELEVANCE OF: WOMAN, FETUS, DOCTORS, NURSES, SOCIETY, FATHER.

John Stuart MillMill followed Bentham and supported Utilitarianism but made two major adjustments:

1. Not all pleasures are of equal worth. 2. Laws on the whole should be made to secure the greatest good for the greatest number and so laws should be followed and these should be based on utilitarian principles.

PIG PLEASURES V HIGHER PLEASURES

Bentham, Mill and Abortion

All Utilitarians would place an obligation on the medical profession to provide anaesthetic or other means of preventing fetal pain in the procedure of late abortion, after the capacity to feel pain has been developed in the embryo.

If the prevention of suffering are the goals of society then the pain and suffering associated with a pregnancy are best avoided –and an unwanted pregnancy best terminated.

For Mill one would have to ask if pregnancy and child birth are higher or lower pleasures – arguably it is an activity humans share with PIGS and if a woman wanted an abortion to pursue a career in writing poetry this would be a higher level of pleasure than having a child…

But some women will have to have children for the greater good of society…

SITUATION ETHICS

SITUATION ETHICS For situation ethics, any ethical dilemma For situation ethics, any ethical dilemma

is relative to the absolute command of is relative to the absolute command of Jesus to love. The problem is to decide Jesus to love. The problem is to decide what is the most loving thing to do in the what is the most loving thing to do in the particular circumstances.particular circumstances.

This means taking the mother, the father, This means taking the mother, the father, the family and the potential child’s the family and the potential child’s interests into account. Effectively interests into account. Effectively Situation Ethics is similar to Utilitarianism Situation Ethics is similar to Utilitarianism but with LOVE rather than pleasure as the but with LOVE rather than pleasure as the greatest good to be maximised.greatest good to be maximised.