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is the fetus a person with rights
should a fetus have the right to not be killed
Judith Jarvis Thomson essay
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The Violinist Argument In her essay, “A Defense for Abortion,” Judy Jarvis Thomson primarily argues for the permissibility of abortion, due to rape, but it can be challenged by exposing flaws in her argument that relies heavily on analogy. However, objections to Thomson’s explanation fail to defeat her argument. Before Thomson addresses “The Violinist” case, she concedes the point that a fetus is a person and therefore has a right to life. Now, Thomson continues by stating that a woman’s right to her body outweighs the fetus’s right to life. To demonstrate her position, Thomson utilizes a “thought experiment” involving a famous violinist. Suppose you wake up one morning and are attached to an unconscious violinist, one that is respected
The Society of Music Lovers, an organization dedicated to aid the dying artist, searched through all available medical records and realized that only you have the correct blood type for an effective transfusion, which will certainly cure the violinist. The committed organization has thus kidnapped you and attached his circulatory system to yours through various technological means in order to extract poisons from his blood. If you were to disconnect, or unplug yourself from the violinist, he would immediately die, but in nine months he will have recovered and could be safely detached. Thomson concludes that a person’s right to life does not trump the right to use another person’s body. Thus, if you disconnect from the violinist, you will merely deprive him of your body- to which he has no right. However, if you continue to stay connected to the artist, you will only be doing a kindness on your part,
For instance, the victim in the violinist example is free to leave after nine moths, but during a pregnancy, a mother can not simply leave her child after labor. This disanalogy is often ignored for it only strengthens Thomson’s argument. Nitpicking between small differences offers no compelling logic to defeat the thought experiment. Similar to how opponents of Thomson’s rationalization carefully attack the smallest details, a distinction cannot be made of what life is more valuable. Fundamentally, in either case, both the violinist and child die. All life is equally valuable and such distinctions offer no tangible contradictions to trump Thomson’s example. Additionally, an actual pregnancy has vastly different effects on a woman’s physical and psychological condition than simply being attached to a well known artist. This further justifies having an abortion, a position Thomson firmly stands by, especially during the case of nonconsensual sex. Moreover, a mother does not necessarily have more responsibility towards their offspring than an artificially connected violinist. To some women, a fetus is a stranger and a personal connection is not evident, even if a biological connection is. Furthermore, pregnancy takes a huge toll on a woman’s body and not all women have the desire to withstand such a situation. Also, the
Thomson’s argument is presented in three components. The first section deals with the now famous violinist thought experiment. This experiment presents a situation in which you wake up one morning and discover you have been kidnapped and hooked up to an ailing violinist so that his body would have the use of your kidneys for the next nine months. The intuitive and instinctive reaction to this situation is that you have no moral duty to remain hooked up to the violinist, and more, that he (or the people who kidnapped you) does not have the right to demand the use of your body for this period. From a deontological point of view, it can be seen that in a conflict between the right of life of the fetus and the right to bodily integrity of the mother, the mother’s rights will trump those of the fetus. Thomson distills this by saying “the right to life consists not in the right not to be killed, but rather in the right not to be killed unjustly”.
In the article, “Killing and Letting Die” by Philippa Foot she argues that Thomson’s argument is invalid. Thomson argues that abortion is sometimes justified because no one has the right to another person’s body and therefore the mother can detach herself from the baby. To highlight on this analogy she presents an example with a violinist. The violinist is in critical condition and in order to be saved he must be attached to a random person. That person is then obligated to be attached to the violinist for if they detach the violinist will surely die. It is true that in both situation there is someone’s life at stake. On violinist case the violinist is simply let die while the abortion case the fetus is killed by the mother. Therefore, I will
According to Thomson, unjust killing comes from the result of depriving someone from a right that they own. In the Henry Fonda case, Fonda was given the magical ability to cure a sickness with just one touch over a fevered brow. So, Fonda has the right to volunteer in touching the fevered brow, but is not obligated to do so because the sick person does not own the right of Henry Fonda’s hand. This analogy is very significant in comparison to Thomson’s argument on justified abortion because it shows that the mother should not be held to any constraints because she has the freedom to her body. Given the fact that the mother has the authority to make any decisions she wants; abortion will always be justified because she is not obligated to give
In other words, Thomson tries to make the connection that there are three other morally relevant factors involved in abortion in certain cases: the fetus depends on the mother’s body for survival, the mother has not consented to the use of her body and pregnancies are demanding on the body and limit what mothers can do. Hence, the violinist has a kidney condition, which he can only survive if he is attached to our body, we are kidnapped and attached to the violinist without consent and we have to lie in bed for nine months. Thus Thomson's reasoning is it that a person may now permissibly unplug them self from the violinist even though this will cause his death. The right to life, Thomson says, does not demand the right to use another person's body, and so by unplugging the violinist you do not violate his right to life but merely deprive him of the use of your body to which he has no ri...
Patrick Lee and Robert P. George’s, “The Wrong of Abortion” is a contentious composition that argues the choice of abortion is objectively unethical. Throughout their composition, Lee and George use credibility and reason to appeal the immorality of abortions. The use of these two methods of persuasion are effective and compels the reader to consider the ethical significance. Lee and George construct their argument by disputing different theories that would justify abortions. They challenge the ontological and evaluation theories of the fetus, as well as the unintentional killing theory. This article was obtained through Google, in the form of a PDF file that is associated with Iowa State University.
Thomson notes that this example shatters the argument that abortion should not be permissible. Her example shows that it is
In this essay, I will hold that the strongest argument in defence of abortion was provided by Judith Jarvis Thompson. She argued that abortion is still morally permissible, regardless if one accepts the premise that the foetus is a person from the moment of conception. In what follows, I agree that abortion is permissible in the ‘extreme case’ whereby the woman’s life is threatened by the foetus. Furthermore, I agree that abortion is permissible to prevent future pain and suffering to the child. However, I do not agree that the ‘violinist’ analogy is reliable when attempting to defend abortion involving involuntary conception cases such as rape, whereby the foetus does not threaten the woman’s health. To achieve this, I will highlight the distinction
In her essay, “A Defense of Abortion”, Judith Thomson argues that abortion is morally permissible in most cases even when the fetus is considered a person. She does this by claiming that the right to bodily autonomy supersedes the right to life in almost every case and that the intention of the mother is important in defining when an abortion is permissible. Through multiple thought experiments she shows that the Western perspective often places more importance on the right to autonomy than the right to life even though it is claimed otherwise, and that if a mother does not intend to become pregnant she is not morally obligated to carry the fetus to term in most cases. I will examine these thought experiments and their implications in Thomson’s argument, present a rebuttal and speculate on her response.
The topic of my paper is abortion. In Judith Jarvis Thomson's paper, “A Defense of Abortion,” she presented a typical anti-abortion argument and tried to prove it false. I believe there is good reason to agree that the argument is sound and Thompson's criticisms of it are false.
In Judith Jarvis Thompson’s article “A Defense of Abortion” she explores the different arguments against abortion presented by Pro –Life activists, and then attempts to refute these notions using different analogies or made up “for instances” to help argue her point that women do have the right to get an abortion. She explains why abortion is morally permissible using different circumstances of becoming pregnant, such as rape or unplanned pregnancy.
In the article 'A Defense of Abortion' Judith Jarvis Thomson argues that abortion is morally permissible even if the fetus is considered a person. In this paper I will give a fairly detailed description of Thomson main arguments for abortion. In particular I will take a close look at her famous 'violinist' argument. Following will be objections to the argumentative story focused on the reasoning that one person's right to life outweighs another person's right to autonomy. Then appropriate responses to these objections. Concluding the paper I will argue that Thomson's 'violinist' argument supporting the idea of a mother's right to autonomy outweighing a fetus' right to life does not make abortion permissible.
Thomson sets out to show that the foetus does not have a right to the mother’s body and that it would be not unjust to perform an abortion when the mother’s life is not threatened.
Thomson concludes that there are no cases where the person pregnant does not have the right to chose an abortion. Thomson considers the right to life of the pregnant person by presenting the case of a pregnant person dying as a result from their pregnancy. In this case, the right of the pregnant person to decide what happens to their body outweighs both the fetus and the pregnant person 's right to life. The right to life of the fetus is not the same as the pregnant person having to die, so as not to infringe on the right of the fetus. In the case of the violinist, their necessity for your body for life is not the same as their right over the use of your body. Thomson argues that having the right to life is not equal to having the right to use the body of another person. They argue that this is also the case, even if the the pregnant person knowingly participated in intercourse and knew of the possibility of pregnancy. In this case it would seem that abortion would not be permissible since the pregnancy was not by force. However, we are reverted back to the case of rape. If a fetus conceived voluntarily has the right not to be aborted due to how it was conceived, then the fetus conceived from rape should also have that same right. Instead of creating a distinction of cases where the fetus has a right to use the body of a pregnant person, Thomson instead makes a distinction of when abortion would be morally
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.
Thomson starts off her paper by explaining the general premises that a fetus is a person at conception and all persons have the right to life. One of the main premises that Thomson focuses on is the idea that a fetus’ right to life is greater than the mother’s use of her body. Although she believes these premises are arguable, she allows the premises to further her explanation of why abortion could be