Roe v. Wade (1973) is probably the most important Supreme Court case in the last fifty years. It has affected how the Constitution is interpreted, driven changes in laws, and continues to be a lightning rod in political debate. Roe v. Wade is a complex case that established a woman's right to privacy and a right to control her own body, which was good. But the Supreme Court also held that a fetus has no right to life and is not a "person" under the Constitution. That latter finding was a colossal error, an abuse of power, and an act of social activism. The egregious flaws in Roe can be corrected with a fetal right to life amendment to the Constitution. Although Congress has not seriously entertained this in forty years, it would still be the right thing to do. Restoring the fetal right to life would require weighing the right to an abortion against the fetal right to life. We should never forget that Roe was a moral travesty that established a reprehensible and barbaric practice of killing defenseless human beings. We should acknowledge the flawed legal rationale used by the Court, and correct the problem. The good parts of Roe do not have to come at the expense of the fetal right to life.
Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.
How can someone who condemns hunting, animal farming, and animal experimentation also favor legal abortion, which is the deliberate destruction of a human fetus? The authors of Beating Hearts aim to reconcile this apparent conflict and examine the surprisingly similar strategic and tactical questions faced by activists in the pro-life and animal rights movements. Beating Hearts maintains that sentience, or the ability to have subjective experiences, grounds a being's entitlement to moral concern. The authors argue that nearly all human exploitation of animals is unjustified. Early abortions do not contradict the sentience principle because they precede fetal sentience, and Beating Hearts explains why the mere potential for sentience does not create moral entitlements. Late abortions do raise serious moral questions, but forcing a woman to carry a child to term is problematic as a form of gender-based exploitation. These ethical explorations lead to a wider discussion of the strategies deployed by the pro-life and animal rights movements. Should legal reforms precede or follow attitudinal changes? Do gory images win over or alienate supporters? Is violence ever principled? By probing the connections between debates about abortion and animal rights, Beating Hearts uses each highly contested set of questions to shed light on the other.
Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance view entails that the unborn is a subject of moral rights from conception. While defending this view, the author responds to the arguments of thinkers such as Boonin, Dworkin, Stretton, Ford and Brody. He also critiques Thomson's famous violinist argument and its revisions by Boonin and McDonagh. Defending Life includes chapters critiquing arguments found in popular politics and the controversy over cloning and stem cell research.
Taking neither a pro-life nor a pro-choice stance, rather, using philosophical methodology, Meyers carefully scrutinizes the commonly voiced arguments for and against abortion with the aim of assessing them from a position that is as unbiased as possible.
Over 3 million copies sold! Essential reading for Catholics of all walks of life. Here it is - the first new Catechism of the Catholic Church in more than 400 years, a complete summary of what Catholics around the world commonly believe. The Catechism draws on the Bible, the Mass, the Sacraments, Church tradition and teaching, and the lives of saints. It comes with a complete index, footnotes and cross-references for a fuller understanding of every subject. The word catechism means "instruction" - this book will serve as the standard for all future catechisms. Using the tradition of explaining what the Church believes (the Creed), what she celebrates (the Sacraments), what she lives (the Commandments), and what she prays (the Lord's Prayer), the Catechism of the Catholic Church offers challenges for believers and answers for all those interested in learning about the mystery of the Catholic faith. The Catechism of the Catholic Church is a positive, coherent and contemporary map for our spiritual journey toward transformation.
This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. From the Preface To many people, abortion is an issue for which discussions and debates are frustrating and fruitless: it seems like no progress will ever be made towards any understanding, much less resolution or even compromise. Judgments like these, however, are premature because some basic techniques from critical thinking, such as carefully defining words and testing definitions, stating the full structure of arguments so each step of the reasoning can be examined, and comparing the strengths and weaknesses of different explanations can help us make progress towards these goals. When emotions run high, we sometimes need to step back and use a passion for calm, cool, critical thinking. This helps us better understand the positions and arguments of people who see things differently from us, as well as our own positions and arguments. And we can use critical thinking skills help to try to figure out which positions are best, in terms of being supported by good arguments: after all, we might have much to learn from other people, sometimes that our own views should change, for the better. Here we use basic critical thinking skills to argue that abortion is typically not morally wrong. We begin with less morally-controversial claims: adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings. We argue that since early fetuses entirely lack these characteristics, they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are done early in pregnancy, before consciousness and feeling develop in the fetus. Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body—which she has the right to—and so she has the right to not allow the fetus use of her body. This further justifies abortion, at least until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal: it is an injustice to criminalize actions that are not wrong. In the course of arguing for these claims, we: 1. discuss how to best define abortion; 2. dismiss many common “question-begging” arguments that merely assume their conclusions, instead of giving genuine reasons for them; 3. refute some often-heard “everyday arguments” about abortion, on all sides; 4. explain why the most influential philosophical arguments against abortion are unsuccessful; 5. provide some positive arguments that at least early abortions are not wrong; 6. briefly discuss the ethics and legality of later abortions, and more. This essay is not a “how to win an argument” piece or a tract or any kind of apologetics. It is not designed to help anyone “win” debates: everybody “wins” on this issue when we calmly and respectfully engage arguments with care, charity, honesty and humility. This book is merely a reasoned, systematic introduction to the issues that we hope models these skills and virtues. Its discussion should not be taken as absolute “proof” of anything: much more needs to be understood and carefully discussed—always.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988.
Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women’s studies.
