Abortion

AbortionDon Marquis’ “An Argument that Abortion is Wrong”

Nathan Kellen

University of Connecticut

March 12th, 2015

Abortion

Table of Contents

The Negative ProgrammeRight-To-Life Based ApproachesContractarian ApproachesThomson’s Approach

The Positive Programme: Futures Like OursThe Wrong of KillingFutures Like Ours

Abortion

The Negative Programme

Set-Up

Marquis, like Thomson, is trying to write about abortion in a way thatbreaks with previous tradition.

He thinks that all the previous work on the moral permissibility ofabortion, including Thomson’s is flawed.

We’ll look at his arguments against those other views, then move on tohis positive theory.

Abortion

The Negative Programme

Set-Up

Marquis, like Thomson, is trying to write about abortion in a way thatbreaks with previous tradition.

He thinks that all the previous work on the moral permissibility ofabortion, including Thomson’s is flawed.

We’ll look at his arguments against those other views, then move on tohis positive theory.

Abortion

The Negative Programme

Set-Up

Marquis, like Thomson, is trying to write about abortion in a way thatbreaks with previous tradition.

He thinks that all the previous work on the moral permissibility ofabortion, including Thomson’s is flawed.

We’ll look at his arguments against those other views, then move on tohis positive theory.

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Humans

Like Thomson, notes that pro-life arguments typically appeal to a right tolife.

In particular, some people believe that fetuses have a right to life becausethey are human, i.e. Homo sapiens.

The idea is that anything that is human has the same right to life as allother humans, and this is how we explain that not only abortion, butgenocidal, racist, sexist, homophobic, etc. killings are wrong.

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Humans

Like Thomson, notes that pro-life arguments typically appeal to a right tolife.

In particular, some people believe that fetuses have a right to life becausethey are human, i.e. Homo sapiens.

The idea is that anything that is human has the same right to life as allother humans, and this is how we explain that not only abortion, butgenocidal, racist, sexist, homophobic, etc. killings are wrong.

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Humans

Like Thomson, notes that pro-life arguments typically appeal to a right tolife.

In particular, some people believe that fetuses have a right to life becausethey are human, i.e. Homo sapiens.

The idea is that anything that is human has the same right to life as allother humans, and this is how we explain that not only abortion, butgenocidal, racist, sexist, homophobic, etc. killings are wrong.

Abortion

The Negative Programme

Right-To-Life Based Approaches

Problems with the Human Approach

Marquis points to two problems that face this approach:

1. It includes too much, e.g. human cancer-cell cultures.

2. It begs the question (is circular), because it assumes that fetuses arefully human, and thus fully deserving of rights.

What other issues would this view have?

Abortion

The Negative Programme

Right-To-Life Based Approaches

Problems with the Human Approach

Marquis points to two problems that face this approach:

1. It includes too much, e.g. human cancer-cell cultures.

2. It begs the question (is circular), because it assumes that fetuses arefully human, and thus fully deserving of rights.

What other issues would this view have?

Abortion

The Negative Programme

Right-To-Life Based Approaches

Problems with the Human Approach

Marquis points to two problems that face this approach:

1. It includes too much, e.g. human cancer-cell cultures.

2. It begs the question (is circular), because it assumes that fetuses arefully human, and thus fully deserving of rights.

What other issues would this view have?

Abortion

The Negative Programme

Right-To-Life Based Approaches

Problems with the Human Approach

Marquis points to two problems that face this approach:

1. It includes too much, e.g. human cancer-cell cultures.

2. It begs the question (is circular), because it assumes that fetuses arefully human, and thus fully deserving of rights.

What other issues would this view have?

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Persons

Another route that one might go is to say that fetuses have a right to lifebecause they are persons.

This personhood property is roughly what Kant had in mind and whatwe’ve discussed earlier.

Again, this faces two problems that Marquis points to:

1. It includes too little, e.g. infants, severely mentally disabled

2. It begs the question (is circular), because it assumes that fetusesaren’t persons, and thus not deserving of the right to life

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Persons

Another route that one might go is to say that fetuses have a right to lifebecause they are persons.

This personhood property is roughly what Kant had in mind and whatwe’ve discussed earlier.

Again, this faces two problems that Marquis points to:

1. It includes too little, e.g. infants, severely mentally disabled

2. It begs the question (is circular), because it assumes that fetusesaren’t persons, and thus not deserving of the right to life

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Persons

Another route that one might go is to say that fetuses have a right to lifebecause they are persons.

This personhood property is roughly what Kant had in mind and whatwe’ve discussed earlier.

Again, this faces two problems that Marquis points to:

1. It includes too little, e.g. infants, severely mentally disabled

2. It begs the question (is circular), because it assumes that fetusesaren’t persons, and thus not deserving of the right to life

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Persons

Another route that one might go is to say that fetuses have a right to lifebecause they are persons.

This personhood property is roughly what Kant had in mind and whatwe’ve discussed earlier.

Again, this faces two problems that Marquis points to:

1. It includes too little, e.g. infants, severely mentally disabled

2. It begs the question (is circular), because it assumes that fetusesaren’t persons, and thus not deserving of the right to life

Abortion

The Negative Programme

Right-To-Life Based Approaches

Fetuses as Persons

Another route that one might go is to say that fetuses have a right to lifebecause they are persons.

This personhood property is roughly what Kant had in mind and whatwe’ve discussed earlier.

Again, this faces two problems that Marquis points to:

1. It includes too little, e.g. infants, severely mentally disabled

2. It begs the question (is circular), because it assumes that fetusesaren’t persons, and thus not deserving of the right to life

Abortion

The Negative Programme

Contractarian Approaches

Contractarian Theories

Marquis briefly discusses contractarian views, on which morals arise outof contracts we make with each other.

A prominent example of this approach is Rawls, which we read earlier.

However if one is a contractarian it is difficult to make sense of how wecould owe moral behaviour to those outside the contract, i.e.non-persons.

Typically this is thought to include fetuses and animals.

Abortion

The Negative Programme

Contractarian Approaches

Contractarian Theories

Marquis briefly discusses contractarian views, on which morals arise outof contracts we make with each other.

A prominent example of this approach is Rawls, which we read earlier.

However if one is a contractarian it is difficult to make sense of how wecould owe moral behaviour to those outside the contract, i.e.non-persons.

Typically this is thought to include fetuses and animals.

Abortion

The Negative Programme

Contractarian Approaches

Contractarian Theories

Marquis briefly discusses contractarian views, on which morals arise outof contracts we make with each other.

A prominent example of this approach is Rawls, which we read earlier.

However if one is a contractarian it is difficult to make sense of how wecould owe moral behaviour to those outside the contract, i.e.non-persons.

Typically this is thought to include fetuses and animals.

Abortion

The Negative Programme

Contractarian Approaches

Contractarian Theories

Marquis briefly discusses contractarian views, on which morals arise outof contracts we make with each other.

A prominent example of this approach is Rawls, which we read earlier.

However if one is a contractarian it is difficult to make sense of how wecould owe moral behaviour to those outside the contract, i.e.non-persons.

Typically this is thought to include fetuses and animals.

Abortion

The Negative Programme

Contractarian Approaches

Sympathetic Feelings

Some contractarians think that we can owe things to non-contractedthings in virtue of how it effects our behaviour.

For example, Kant thought that being cruel to animals led you to bemore likely to be cruel to people.

And being cruel to people is immoral, thus you should avoid being thetype of person who is likely to do that. Thus you should avoid beingcruel to animals.

Abortion

The Negative Programme

Contractarian Approaches

Sympathetic Feelings

Some contractarians think that we can owe things to non-contractedthings in virtue of how it effects our behaviour.

For example, Kant thought that being cruel to animals led you to bemore likely to be cruel to people.

And being cruel to people is immoral, thus you should avoid being thetype of person who is likely to do that. Thus you should avoid beingcruel to animals.

Abortion

The Negative Programme

Contractarian Approaches

Sympathetic Feelings

Some contractarians think that we can owe things to non-contractedthings in virtue of how it effects our behaviour.

For example, Kant thought that being cruel to animals led you to bemore likely to be cruel to people.

And being cruel to people is immoral, thus you should avoid being thetype of person who is likely to do that. Thus you should avoid beingcruel to animals.

Abortion

The Negative Programme

Contractarian Approaches

Social Utility

Other contractarians think that we can owe things to those outside ourcontracts in virtue of the utility they provide.

For example, Feinberg argues that infanticide is immoral not because weowe things to infants but because society is better off on the whole whenit forbids such practices.

Abortion

The Negative Programme

Contractarian Approaches

Social Utility

Other contractarians think that we can owe things to those outside ourcontracts in virtue of the utility they provide.

For example, Feinberg argues that infanticide is immoral not because weowe things to infants but because society is better off on the whole whenit forbids such practices.

Abortion

The Negative Programme

Contractarian Approaches

Problems with Contractarian Approaches

Marquis believes that these approaches do not help the pro-choice viewbut rather hurt it.

Specifically, he believes that they don’t adequately describe what’s wrongwith aborting fetuses.

His point is what’s wrong with killing fetuses isn’t that it makes societyworse off, or makes you more likely to be a mean person, but that you’redoing something bad to the fetus.

Abortion

The Negative Programme

Contractarian Approaches

Problems with Contractarian Approaches

Marquis believes that these approaches do not help the pro-choice viewbut rather hurt it.

Specifically, he believes that they don’t adequately describe what’s wrongwith aborting fetuses.

His point is what’s wrong with killing fetuses isn’t that it makes societyworse off, or makes you more likely to be a mean person, but that you’redoing something bad to the fetus.

Abortion

The Negative Programme

Contractarian Approaches

Problems with Contractarian Approaches

Marquis believes that these approaches do not help the pro-choice viewbut rather hurt it.

Specifically, he believes that they don’t adequately describe what’s wrongwith aborting fetuses.

His point is what’s wrong with killing fetuses isn’t that it makes societyworse off, or makes you more likely to be a mean person, but that you’redoing something bad to the fetus.

Abortion

The Negative Programme

Thomson’s Approach

Thomson’s Approach

Marquis interprets Thomson as giving an argument from analogy whichestablishes the permissibility of abortion in certain circumstances.

Recall however that we described Thomson not as giving an argumentfrom analogy, so something’s gone wrong here.

Abortion

The Negative Programme

Thomson’s Approach

Thomson’s Approach

Marquis interprets Thomson as giving an argument from analogy whichestablishes the permissibility of abortion in certain circumstances.

Recall however that we described Thomson not as giving an argumentfrom analogy, so something’s gone wrong here.

Abortion

The Negative Programme

Thomson’s Approach

Problems with Thomson’s Approach

Marquis believes that Thomson’s approach fails because it fails to respectthe right to life (even in the way she describes it in the end).

Specifically he believes that the right to life is obviously more strong thanthe right to body and her approach denies this in certain cases, includingabortion.

This stand-off between the right to life and the right to body makesMarquis look for other solutions to the issue.

Abortion

The Negative Programme

Thomson’s Approach

Problems with Thomson’s Approach

Marquis believes that Thomson’s approach fails because it fails to respectthe right to life (even in the way she describes it in the end).

Specifically he believes that the right to life is obviously more strong thanthe right to body and her approach denies this in certain cases, includingabortion.

This stand-off between the right to life and the right to body makesMarquis look for other solutions to the issue.

Abortion

The Negative Programme

Thomson’s Approach

Problems with Thomson’s Approach

Marquis believes that Thomson’s approach fails because it fails to respectthe right to life (even in the way she describes it in the end).

Specifically he believes that the right to life is obviously more strong thanthe right to body and her approach denies this in certain cases, includingabortion.

This stand-off between the right to life and the right to body makesMarquis look for other solutions to the issue.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

The Wrong of Killing

Marquis thinks that the way to go forward with the abortion debate is todiscuss what makes killing wrong.

Once we’ve identified what makes killing wrong, we’ll be able to figureout whether fetuses are the types of things which can be wronged bybeing killed.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

The Wrong of Killing

Marquis thinks that the way to go forward with the abortion debate is todiscuss what makes killing wrong.

Once we’ve identified what makes killing wrong, we’ll be able to figureout whether fetuses are the types of things which can be wronged bybeing killed.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

Who?

The first question we have to ask is who is wronged by killing?

Marquis points out that it can’t be just the friends, family or society.

There’s something distinctive about the person being killed that matters- it harms them in particular.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

Who?

The first question we have to ask is who is wronged by killing?

Marquis points out that it can’t be just the friends, family or society.

There’s something distinctive about the person being killed that matters- it harms them in particular.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

Who?

The first question we have to ask is who is wronged by killing?

Marquis points out that it can’t be just the friends, family or society.

There’s something distinctive about the person being killed that matters- it harms them in particular.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

What?

So we know who is harmed by killing. But what exactly is the wrongdone?

Note that killing isn’t like other things - it’s not simply that it hurts, orthat rights are being violated.

Marquis thinks that the wrong of killing is that it ends our lives.

In turn, it matters that our lives no longer go on, because we miss out onpotential good things.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

What?

So we know who is harmed by killing. But what exactly is the wrongdone?

Note that killing isn’t like other things - it’s not simply that it hurts, orthat rights are being violated.

Marquis thinks that the wrong of killing is that it ends our lives.

In turn, it matters that our lives no longer go on, because we miss out onpotential good things.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

What?

So we know who is harmed by killing. But what exactly is the wrongdone?

Note that killing isn’t like other things - it’s not simply that it hurts, orthat rights are being violated.

Marquis thinks that the wrong of killing is that it ends our lives.

In turn, it matters that our lives no longer go on, because we miss out onpotential good things.

Abortion

The Positive Programme: Futures Like Ours

The Wrong of Killing

What?

So we know who is harmed by killing. But what exactly is the wrongdone?

Note that killing isn’t like other things - it’s not simply that it hurts, orthat rights are being violated.

Marquis thinks that the wrong of killing is that it ends our lives.

In turn, it matters that our lives no longer go on, because we miss out onpotential good things.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Futures Like Ours

Marquis calls this loss of life and loss of potentially good things a loss ofa future like ours.

The idea is that what we intuitively think is wrong with killing is that itprevents people from having a future which could’ve been filled withgood things.

We know that those futures are valuable because we value themourselves; their futures are just like ours.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Futures Like Ours

Marquis calls this loss of life and loss of potentially good things a loss ofa future like ours.

The idea is that what we intuitively think is wrong with killing is that itprevents people from having a future which could’ve been filled withgood things.

We know that those futures are valuable because we value themourselves; their futures are just like ours.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Futures Like Ours

Marquis calls this loss of life and loss of potentially good things a loss ofa future like ours.

The idea is that what we intuitively think is wrong with killing is that itprevents people from having a future which could’ve been filled withgood things.

We know that those futures are valuable because we value themourselves; their futures are just like ours.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

Marquis offers several arguments in favour of his position.

He calls the first of these the considered judgment argument.

His claim is that FLO matches how we feel about the wrong of death.

What type of argument is this?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

Marquis offers several arguments in favour of his position.

He calls the first of these the considered judgment argument.

His claim is that FLO matches how we feel about the wrong of death.

What type of argument is this?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

Marquis offers several arguments in favour of his position.

He calls the first of these the considered judgment argument.

His claim is that FLO matches how we feel about the wrong of death.

What type of argument is this?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

Marquis offers several arguments in favour of his position.

He calls the first of these the considered judgment argument.

His claim is that FLO matches how we feel about the wrong of death.

What type of argument is this?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

The second argument is the worst of crimes argument.

Marquis claims that being killed is the worst of crimes, and this isexplained by the FLO.

How does this argument go?

Is killing really the worst of crimes?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

The second argument is the worst of crimes argument.

Marquis claims that being killed is the worst of crimes, and this isexplained by the FLO.

How does this argument go?

Is killing really the worst of crimes?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

The second argument is the worst of crimes argument.

Marquis claims that being killed is the worst of crimes, and this isexplained by the FLO.

How does this argument go?

Is killing really the worst of crimes?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Favour

The second argument is the worst of crimes argument.

Marquis claims that being killed is the worst of crimes, and this isexplained by the FLO.

How does this argument go?

Is killing really the worst of crimes?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

Marquis also considers a couple objections to his theory.

The first of these is what he calls the potentiality objection.

The potentiality objection claims that any argument based in claimsabout potential persons is invalid.

Marquis points out that his argument doesn’t rely on problematicpotential claims, because he isn’t claiming that all fetuses have ordinaryFLOs.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

Marquis also considers a couple objections to his theory.

The first of these is what he calls the potentiality objection.

The potentiality objection claims that any argument based in claimsabout potential persons is invalid.

Marquis points out that his argument doesn’t rely on problematicpotential claims, because he isn’t claiming that all fetuses have ordinaryFLOs.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

Marquis also considers a couple objections to his theory.

The first of these is what he calls the potentiality objection.

The potentiality objection claims that any argument based in claimsabout potential persons is invalid.

Marquis points out that his argument doesn’t rely on problematicpotential claims, because he isn’t claiming that all fetuses have ordinaryFLOs.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

Marquis also considers a couple objections to his theory.

The first of these is what he calls the potentiality objection.

The potentiality objection claims that any argument based in claimsabout potential persons is invalid.

Marquis points out that his argument doesn’t rely on problematicpotential claims, because he isn’t claiming that all fetuses have ordinaryFLOs.

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

The second objection he considers is the argument from interests.

This argument claims that even if fetuses have FLO, they don’t have anymoral standing because they don’t have any interests, because they’renonsentient.

He claims that nonsentient people obviously have interests - look atsleeping people, or people in temporary comas.

What’s wrong with this response?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

The second objection he considers is the argument from interests.

This argument claims that even if fetuses have FLO, they don’t have anymoral standing because they don’t have any interests, because they’renonsentient.

He claims that nonsentient people obviously have interests - look atsleeping people, or people in temporary comas.

What’s wrong with this response?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

The second objection he considers is the argument from interests.

This argument claims that even if fetuses have FLO, they don’t have anymoral standing because they don’t have any interests, because they’renonsentient.

He claims that nonsentient people obviously have interests - look atsleeping people, or people in temporary comas.

What’s wrong with this response?

Abortion

The Positive Programme: Futures Like Ours

Futures Like Ours

Arguments in Opposition

The second objection he considers is the argument from interests.

This argument claims that even if fetuses have FLO, they don’t have anymoral standing because they don’t have any interests, because they’renonsentient.

He claims that nonsentient people obviously have interests - look atsleeping people, or people in temporary comas.

What’s wrong with this response?