...A Regrettably Inadequate Defence of Abortion This essay shall examine and critique Judith Jarvis Thomson’s analogy of the sickly violinist, as it relates to the moral permissibility of abortion. I shall conclude that the analogy is ultimately too dissimilar from a general case of abortion to be an accurate representation of the mother-foetus relationship. I will further conclude that at best the analogy only provides justification for abortion in cases of rape, and when a developing foetus becomes a threat to the mother’s life. The Impermissibility Argument Much of the debate concerning the permissibility of abortion surrounds the notion of ‘personhood’, specifically whether a developing foetus qualifies as such a being. Opponents of abortion expend much energy arguing for the conferring of personhood to the moment of conception, whilst the proponents argue this would be a misclassification. One would not call a pinecone a pine tree; to label a foetus as a person is similarly inappropriate (Thomson: Page 47). Thomson argues this tact distracts from the primary concern of abortion, for even if one grants that a foetus is a person, one’s work is still ahead of them to argue against the permissibility of abortion (Thomson: Page 48). The argument runs as follows: P1: As a person, the foetus has the right to life. P2: As a person, the woman has the right of autonomy concerning her own body. P3: The right to life is more important than the right to autonomy over one’s...
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...People who are charged with offences in the United States will very often attempt to use one of the criminal defences to make them not criminally responsible or less criminally responsible for the charge. Some of the Criminal defences used are the insanity defense, claiming that the offender was mentally insane, the necessity defence, claiming that the crime was committed to prevent a more serious crime from occurring, and being underage. Each of these three criminal defences are very effective ways of reducing or eliminating criminal responsibility from the offender. A person's age is a large variable in determining whether or not the person is criminally responsible. and child under the age of seven years old is most likely not going to...
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...COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except where life or health of woman endangered -- Whether or not abortion provisions ultra vires Parliament -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement...
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...Course Title 19 December 2012 Abortion: Why it should be not be banned In the United States and most part of the world, the issue of abortion has sparked a heavy controversy, creating a strong debate over the rights and wrongs of deliberately ending a pregnancy before normal childbirth. There is no denying the fact that, most people today are caught in between the moral dilemma of whether or not to terminate a pregnancy. It is one of the issues in our society today creating not just a political divide, but equally a public and moral one. For example, the Telegraph of December 18, 2012 published its story which reads in part: A Polish Catholic organisation has sparked furore after it compared legal abortion to the Newtown school massacre. On its website the conservative organisation Fronda asked what the difference was between "children killed by doctors and children killed by a madman?" It also questioned whether killing children with parental consent is better than killing children against their will? ( para. 1-3). The above news lead reminds us once again of the opposing views held by different members of the society concerning abortion. Before delving into the argument arena, it is imperative that the term abortion be defined; its historical background briefly discussed, and some arguments in support of ban be examined. This will serve as foundation upon which this work will rest. The Oxford Advanced Learner’s Dictionary defines the term abortion as ‘‘the deliberate ending...
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...Arguments As we have learned so far in this paper applied ethics is oriented towards practical life questions or situations that one might be having. (e.g. is abortion morally wrong, helping the poor, biomedical ethics) For example, lets say that you are driving a truck and your breaks go out. You notice workers working on both side of the road. You have to decide whether you will kill 5 workers on the right side of the rode or go left and kill one worker. That is when applied ethics comes in, and one looks at their moral principles that they have set for themselves to make their decision. Will re-visit the question at the end of the section once we have gain a better understanding of applied ethics. For the purpose of this paper and to better...
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...NECESSITY LAW THE GENERAL RULE Necessity arises where a defendant is forced by circumstances to transgress the criminal law. The generally accepted position is that necessity cannot be a defence to a criminal charge. The leading case is: * R v Dudley and Stephens (1884) 14 QBD 273. The defendants and a cabin boy were cast adrift in a boat following a shipwreck. The defendants agreed that as the cabin boy was already weak, and looked likely to die soon, they would kill him and eat him for as long as they could, in the hope that they would be rescued before they themselves died of starvation. A few days after the killing they were rescued and then charged with murder. The judges of the Queen's Bench Division held that the defendants were guilty of murder in killing the cabin boy and stated that their obvious necessity was no defence. The defendants were sentenced to death, but this was commuted to six months' imprisonment. * Lord Coleridge CJ, having referred to Sir Matthew Hale's assertion (The History of the Pleas of the Crown, 1736) that a man was not to be acquitted of theft of food on account of his extreme hunger, doubted that the defence of necessity could ever be extended to a defendant who killed another to save his own life. After referring to the Christian aspect of actually giving up one's own life to save others, rather than taking another's life to save one's own, he referred to the impossibility of choosing between the value of one person's life and another's: ...
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...Abortion Abortion, also called voluntary abortion, is a medical procedure used to end a pregnancy which results by the death of the fetus or embryo. In 76% of industrialized countries, abortion has been legalized, while the debate is still on table for the rest of the world. It’s a question that still divide although it’s quite difficult to take a clear position, there is no right or wrong but purely a question open to interpretation. Those who claim abortion to be right is the result of a personal free will, argue it’s a woman’s right be able to choose what happen to her body; in the other side those who refute claims it’s a murder of an innocent and vulnerable baby whose freedom was taken away. So many questions can be raised by this fervent debate that make me confused on my own position. First, as a supposedly living in a free world, women must have the right and freedom to control their body; therefore choose abortion and control their own reproductive capacity; abortion is thus a tool for it. Also what opposition forget sometimes is if abortion is illegal, it will only increase self-abortions or “back alley” abortions, or worse some exhausted or angry mother may kill their baby, as happened. During 1950’s in United States, the number of illegal abortion was between 250,000 and 1,2 millions per year; plus around 5500 of women died every year as a direct consequence of insecure abortion. Second, regardless religious arguments, opposition explain that pretending...
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...Abortion - An ethical issue. The issue of abortion is one that has been dealt with intense fervor, contention and scrutiny over the years, often emerging as the epicenter of moral, legal, civil and political battles. At the heart of this dichotomous issue is a fundamental disagreement on the morality of abortion, the right to individual freedom and a theological disposition manifesting in a collusion of the separation of church and state. This essay attempts to throw light on the moral and social imperative - a cornerstone of most anti-abortionist arguments as well as reproductive freedom, a thought central to the pro-abortionist defence. The term ‘abortion’ refers to the act of willful termination of pregnancy resulting in the removal of a foetus. The methods of abortion are varied and address the termination of pregnancy at differing stages of foetal development. While emergency contraceptives and abortion inducing drugs target removal of embryos at early stages, surgical means of foetal removal are called into play during late term abortions. Traditionally, there has been a vehement opposition to later term abortions and has drawn strong parallels of murder. However, in more recent times drug induced abortions have drawn the ire of those opposing abortion in any and all forms. Anti abortion or “pro-life” advocates oppose abortion as they deem it an immoral act. The moral debate on abortion draws from two distinct premises. On one hand is the question of whether a human...
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...“Abortion is impermissible, because it deprives a being of a future like ours. Accordingly, it is morally similar to killing a healthy adult.” Critically discuss this argument, drawing upon at least one of the authors we have looked at in the readings. Abortion in general can be defined as terminating a pregnancy before birth and this still remains a controversial topic in the world today of whether it is immoral or moral to do so. Besides certain exceptions, the view of abortion as a seriously immoral action has minimal support or evidence in present-day philosophical literature (Marquis, 1989). However, views exist when it comes to illuminating the permissibility of abortion, particularly when future prospects of the foetus are taken into account. This is what the future like ours argument also points out that killing an adult human being is wrong because it deprives the adult of a future and the foetus has a future as well, killing foetuses is wrong in the same way that killing adult human beings is wrong (Kuflik, 2008:417). The future like ours argument is parallel to controversial religious claims and does not appeal to perplexing or difficult philosophical theories (Kuflik, 2008:418). In this essay an attempt will be made to critically discuss abortion being impermissible as it is similar to killing a healthy adult. People against abortion normally depend on the idea that the foetus is a human being or a person from the moment of conception, this notion is argued for...
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...Abortion Essay “It is a mistake to reject religious principles in favour of secular/ethical principles for guidance in medical ethics” Examine and comment on this claim with reference to the topic you have investigated (50 marks) Abortion is the deliberate termination of a pregnancy after the fertilisation of the human ovum and before birth. Abortion is debated because there are many different views with strong opinions and evidence for the pro-life and pro-choice argument. Pro-life is against abortion as they believe abortion should never be allowed and this is mostly religious people who believe with the pro-life argument, whereas pro-choice is where it is thought to be the mothers choice as it is her body so whatever she wants to happen to the baby can happen so the mother should always come before the foetus. Whether or not religious principles should be rejected in favour of non-religious principles is debated in Philosophy because there are a number of ethical issues which constantly surround this. In this essay I will comment on whether it is a mistake to favour non-religious beliefs over religious beliefs when looking at abortion, including those of Aristotle and John Paul II, and secular views which mean non-religious or spiritual views including those of Warren and Thompson. There are a number of types of abortion for example vacuum aspiration or suction termination which can only happen between the first 7 to 15 weeks of conception, this means that the foetus is...
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...Abortion Essay “It is a mistake to reject religious principles in favour of secular/ethical principles for guidance in medical ethics” Examine and comment on this claim with reference to the topic you have investigated (50 marks) Abortion is the deliberate termination of a pregnancy after the fertilisation of the human ovum and before birth. Abortion is debated because there are many different views with strong opinions and evidence for the pro-life and pro-choice argument. Pro-life is against abortion as they believe abortion should never be allowed and this is mostly religious people who believe with the pro-life argument, whereas pro-choice is where it is thought to be the mothers choice as it is her body so whatever she wants to happen to the baby can happen so the mother should always come before the foetus. Whether or not religious principles should be rejected in favour of non-religious principles is debated in Philosophy because there are a number of ethical issues which constantly surround this. In this essay I will comment on whether it is a mistake to favour non-religious beliefs over religious beliefs when looking at abortion, including those of Aristotle and John Paul II, and secular views which mean non-religious or spiritual views including those of Warren and Thompson. There are a number of types of abortion for example vacuum aspiration or suction termination which can only happen between the first 7 to 15 weeks of conception, this means that the foetus is...
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...Dr. Patrick Lee, Professor of Philosophy at Franciscan University of Steubenville, and author of Abortion and Unborn Human Life, claims fetuses and adults are the same substance, therefore they should have the same rights, but Reisman disproves this by providing examples of how they are the same thing, but not the same substance. To prove his viewpoint of pro-life, first, Lee asserts that fetuses and adults are the same physical organism, and second, the development from fetus to adult is quantitative, and therefore not a change of substance. In response to these statements, author Jeffrey Reiman contends the fact that fetuses and adults are the same physical organism implies only that they are the same thing, but not the same substance, same as living adults and their corpses are the same thing, but not the same substance. Against Lee’s second...
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...change in the Church’s perspective. He was inspired by Jesus’ gospel message of love. Situation ethics has one single rule; the rule of agape. This love is not merely an emotion but it involves doing what is best for the other person or what decision will cause the greatest amount of good in a situation. He identified three approaches to morality. The first is legalism. Legalism is a conservative approach to morality that is rule-based, stiff and unchanging. It resembles a traditionalist Christian view where something is based on absolute morality. For example, some Christians would see abortion as murder so it is wrong in all situations, independent of the situation, due to ‘Do not kill’ being one of the Ten Commandments. Fletcher explained that this approach can run into problems because life’s complex situations require additional laws. For example murder is wrong but what about self defence? Killing in war? Etc. The second approach is antinomianism. This is the complete opposite of legalism. It’s literal meaning is ‘against law’. Antinomianism is the morality where no rules can be applied and each situation should be dealt with uniquely due to each situation taking different routes. We can never predetermine the effect and result a decision will have and cause so there is no use trying to apply a rule to a situation that can have many different results and outcomes. With antinomianism, we can ‘rely on the situation itself to provide its...
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...unconstitutional transformed the nature of American government. The Court’s decision to define moral issues as beyond the boundaries of popular decision-making undermined the democratic process in the eyes of many conservatives. The consequent anxieties of conservative groups often took the form of concern over sexual promiscuity and encompassed a distinct racial element, coming out later in Reagan’s depiction of the “African-American Cadillac driving queen.” Opposition to the 1973 Supreme Court “Roe versus Wade” decision, which upheld a woman’s right to terminate a pregnancy in its early months brought together a wide array of organisations and individuals. Since the 1970s, this tradition has been revived in the Christian Right’s crusade against abortion. Their opposition to...
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...The argument on whether abortion is morally permissible has been considered for years. Most philosophers incline to accept moral principle that it is always prima facie seriously wrong to end the life of a person in normal circumstances. The personhood of an embryo and foetus has somehow invoked another controversial issue on whether they are kind of beings, or persons, that it is seriously wrong, for any sake, to end their life. Both the anti-abortionist side and pro-choicers side can only give equally vague boundary on claiming that foetus is a person, or not so. However, as we will find out later in this essay, the problem of whether a foetus is a person, or whether a foetus has serious right to life, does not significantly affect the consideration of abortion under Thomson’s account. The argument of the personhood of foetus will just stay at a standoff if there is no clear definition or lists for what characteristics make a thing a person. When we draw line to represent the development of a human being from the state of conception to the point that a baby is born, it will be arbitrary to choose a point which the thing inside a mother is a person after that point and not a person before that point. Moreover, the opposite of abortion may suggest that a foetus, even at the moment of conception, is a person because of their potential future, meanwhile, the supporters of abortion may insist that a foetus has not yet become a person because it lacks of some characteristics that...
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