Jackson, Jennifer C.. Toleration in the Abortion Debate
1992, In: Bromham D.R., Dalton M.E., Jackson J.C., Millican P.J.R. (eds) Ethics in Reproductive Medicine. Springer, London pp 189-200
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Added by: Barbara Cohn, Contributed by: Simon Fokt
Abstract: What methods, what strategies, is it defensible for us to employ when campaigning on a contentious moral issue? What kinds of intolerance may we legitimately manifest towards the opposition in our endeavour to win converts and influence opinion? Could we be justified in refusing on principle even to engage with the opposition in public debate? And what of the legitimacy of 'playing' on people's emotions, or of not correcting misinformation put about by some of our supporters which helps our cause? Or, in making use of premises in argument that our opponents accept but we do not or, of appealing to arguments that we know to be invalid but by which the opposition may be taken in?Kantymir, Lori, Carolyn McLeod. Justification for Conscience Exemptions in Health Care2013, Bioethics 28 (1): 16-23.-
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Added by: Rochelle DuFord
Abstract: Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed.Comment: This text responds to two proposals for justifying concientious objection in the provision of health care services: genuineness and reasonableness. It would fit well within a course on medical ethics or bioethics. It also would fit well within a more general course on professional ethics, as it concerns the question of when a professional is able to justify the omission of an action that they are bound by professional duty to complete.
Kornegay, R. Jo. Hursthouse’s Virtue Ethics and Abortion: Abortion Ethics without Metaphysics2011, Ethical Theory and Moral Practice 14(1): 51-71.-
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Added by: Nick Novelli
Abstract: This essay explicates and evaluates the roles that fetal metaphysics and moral status play in Rosalind Hursthouse's abortion ethics. It is motivated by Hursthouse's puzzling claim in her widely anthologized paper Virtue Ethics and Abortion that fetal moral status and (by implication) its underlying metaphysics are in a way, fundamentally irrelevant to her position. The essay clarifies the roles that fetal ontology and moral status do in fact play in her abortion ethics. To this end, it presents and then develops her fetal metaphysics of the potential and actual human being, which she merely adumbrates in her more extensive treatment of abortion ethics in her book Beginning Lives. The essay then evaluates her fetal ontology in light of relevant research on fetal neural and psychological development. It concludes that her implied view that the late-stage fetus is an actual human being is defensible. The essay then turns to the analysis of late-stage abortions in her paper and argues that it is importantly incomplete.Comment: This paper provides a detailed analysis and critique of Rosalind Hursthouse's argument in 'Virtue Ethics and Abortion'. As Hursthouse's paper is frequently taught, this article would provide a good counterpoint to it. This dialogue could form part of an examination of the practical application of virtue ethics, or as part of an examination of the applied ethics of abortion from alternative ethical perspectives. This paper is suitable for undergraduate or graduate teaching.
Lambert-Beatty, Claire. Twelve Miles: Boundaries of the New Art/Activism2008, Signs: Journal of Women in Culture and Society 33(2): 309-327.-
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Added by: Rossen Ventzislavov
Summary: Lambert-Beatty explores the limits of art activism through a detailed account of Rebecca Gomperts' Women on Waves project. Starting in 2001, Gomperts - a physician with a background in art - sailed a customized maritime gynecological clinic with a crew from the Netherlands to the coastal areas of countries where abortion had been outlawed. The clinic would dock far enough from the shore (twelve miles being the limit of states' naval jurisdictions) to offer healthcare to local women undisturbed. Lambert-Beatty notes that for all of its political import, the project retains a radical imagination of the poetic kind. Considering its enthusiastic reception by the international artworld, and inclusion in major art exhibitions, it is also clear that Gomperts intended the work at least partially as art. And, yet, Women on Waves challenges notions of the aesthetic as the "retreat from the real" that it is so often seen as. Lambert-Beatty sees the pragmatic aspect of the work as an integral part of its beauty, and vice versa. This symbiotic balance seems to resolve the tension Ranciere finds "between the logic of art that becomes life at the price of abolishing itself as art, and the logic of art that does politics on the explicit condition of not doing it at all."Comment: This text is best used in discussions of the relationship between art and political activism. It can also be used as a case study in applied ethics classes on abortion.
Little, Margaret Olivia. Abortion, intimacy, and the duty to gestate1999, Ethical Theory and Moral Practice 2 (3):295-312.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Abstract: In this article, I urge that mainstream discussions of abortion are dissatisfying in large part because they proceed in polite abstraction from the distinctive circumstances and meanings of gestation. Such discussions, in fact, apply to abortion conceptual tools that were designed on the premiss that people are physically demarcated, even as gestation is marked by a thorough-going intertwinement. We cannot fully appreciate what is normatively at stake with legally forcing continued gestation, or again how to discuss moral responsibilities to continue gestating, until we appreciate in their own terms the goods and evils distinctive of gestational connection. To underscore the need to explore further the meanings of gestation, I provide two examples of the difference it might make to legal and moral discussions of abortion if we appreciate more fully that gestation is an intimacy.Comment:
Little, Margaret Olivia. Abortion and the Margins of Personhood2008, Living on the edge: the margins of legal personhood: symposium 2; 331-348.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: 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.Comment:
Little, Margaret Olivia. Abortion2008, In R. G. Frey & Christopher Wellman (eds.), A companion to applied ethics. Malden: Wiley. pp. 313-325.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Introduction: It is often noted that public discussion of the moral status of abortion is disappointingly crude. The positions staked out and the reasoning proffered seem to reflect little of the subtlety and nuance - not to mention ambivalence - that mark more private reflections on the subject. Despite attempts by various parties to find middle ground, the debate remains largely polarized: at its most dramatic, with extreme conservatives claiming abortion to be the moral equivalent of murder, even as extreme liberals think it devoid of moral import.To some extent, this polarization is due to the legal battle that continues to shadow moral discussions. Admission of ethical nuance, it is feared, will play as concession on the deeply contested question of whether abortion should be a legally protected option for women. But, to some extent, blame for the continued crudeness can be laid at the doorstep of moral theory itself.Comment:
Olberding, Amy. A Sensible Confucian Perspective on Abortion2015, Dao: A Journal of Comparative Philosophy 14 (2):235-253.-
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Added by: Chris Blake-Turner
Abstract: Confucian resources for moral discourse and public policy concerning abortion have potential to broaden the prevailing forms of debate in Western societies. However, what form a Confucian contribution might take is itself debatable. This essay provides a critique of Philip J. Ivanhoe's recent proposal for a Confucian account of abortion. I contend that Ivanhoe's approach is neither particularly Confucian, nor viable as effective and humane public policy. Affirmatively, I argue that a Confucian approach to abortion will assiduously root moral consideration and public policy in evidence-based strategies that recognize the complexity of the phenomena of unplanned pregnancy and abortion. What most distinguishes a Confucian approach, I argue, is a refusal to treat abortion as a moral dilemma that stands free of the myriad social conditions and societal inequities in which empirical evidence shows it situates.Comment: This paper could be usefully coupled with the Ivanhoe paper it criticizes, but it does a good job of summarizing that view and so can also stand on its own. It's an especially useful example of how to apply Confucian principles to a vexed contemporary moral issue. It also provides a good model of a Confucian-inspired philosopher criticizing another on grounds internal to that tradition, which can be used to dispel the thought that Confucian particularism leads to an "anything goes" approach to moral problems.
Oshana, Mariana. Autonomy and the Partial-Birth Abortion Act2011, Journal of Social Philosophy, 42 (1): 46-60.-
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Added by: Rochelle DuFord
Summary: In this paper, Oshana argues that the U.S. Supreme Court's decision to affirm the Partial-Birth Abortion Act was mistaken. She claims that the Partial-Birth Abortion Act cannot withstand the test of strict scrutiny, that the Act fails to respect the privacy rights of individuals, and that there are compelling reasons (based in autonomy) to allow partial-birth abortion up until the point of fetal viability. As such, she claims, the Act violates the integrity of law.Comment: This text would be excellent to use in a course focused on abortion, any course that covers the suite of U.S. Supreme Court cases involving the right to privacy, or a course that wishes to discuss and apply the doctrine of strict scrutiny. While it requires a significant amount of background knowledge (concerning the legislative history on abortion in the United States), it provides an excellent example of applying both the principle of autonomy and the principle of strict scrutiny.
Purdy, Laura. Are Pregnant Women Fetal Containers?1990, Bioethics 4(4): 273–291.-
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Added by: Carl Fox
Content: Purdy offers a strong argument against overriding the decisions of pregnant women and tries to reconcile the significance of the dependence of the fetus on the mother with the mother's right to control her own body.Comment: Very useful as introductory or further reading on reproductive rights and/or abortion.
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