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Abortion and womens rights today
Abortion and womens rights today
Abortion and women's choice
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One of the most dominant articles on abortion is Judith Jarvis Thomson’s “A Defense of Abortion.” The article was written in 1971. In her article, Thomson defends the thesis that the impermissibility of abortion does not follow from the premises: that the fetuses are a person and that every person has a right to life. Thomson argues that even if the fetus is considered to be a person, the fetus’s right to life will not always outweigh the mother rights to decide what happens in and to her body. She also argues that even if a woman voluntarily had intercourse it does not mean that the fetus obtains special rights against his mother. Thomson’s article is seen as presenting the best possible defense of abortion, peculiarly with the famous “violinist” …show more content…
Thomson’s argument turns on the analogy between your being plugged into the famous violinist and a woman’s being pregnant. She uses violinist experiment to justify that just because the violinist needs the use of your kidney for his life, does not establish that he has given the right to use your kidney. However, her analogy of unplugging the violinist is not even equivalent to aborting an unborn child. There is a significant difference in both cases: unplugging the violinist and aborting the …show more content…
More accurately, unplugging the violinist is not the direct cause of death because, in Thomson analogy, the violinist is suffering from the kidney ailment which is the cause. On the other hand, in abortion the fetus is not sick, therefore, abortion directly kills a healthy unborn child since the fetus has been taken out from the womb that is his very natural environment that sustains its life. In order to justify abortions, someone might argue that what if the abortion is not done surgically. Instead, a new abortion method that can remove the fetus from the mother’s womb without killing it right away. For instance, Clinton mentions that However, even if we agree that the fetus does not have a right to occupy a woman’s womb, it is still morally wrong that someone may poison the fetus’s very natural environment and let the unborn die in that environment that no longer can support its
In her essay “A Feminist Defense of Abortion” Sally Markowitz addresses the Autonomy defense as not being feminist in nature. She comes to this conclusion by recognizing that the right to bodily autonomy is not just a female right but a right that is innate for every person, male or female. Markowitz then asserts that the human right to bodily autonomy in regard to abortion should not be a gender neutral defense. Many feminists have come to the conclusion that the Autonomy Defense works against women in the courts as it shifts the focus away from gender inequality. Feminists have adopted the belief that sometimes gender should be relevant in claiming rights. To fail to claim a right on the basis of gender in the situation of abortion would obscure the relationship between reproductive practices and their oppression.
Likewise, Thompson holds that a pregnant woman possesses the right to defend herself against her attacker. No matter if the invader is a rapist attempting to harm her from outside or a foetus that may harm her from the inside. The woman still has a moral liberty to repel her attacker by killing the intruder. Killing a person and abolishing their ‘right to life’ cannot be named as immoral when performed in self-defence. Therefore, an abortion is permissible in the ‘extreme case’ whereby continuing with the pregnancy may result in serious injury or death of the woman. However, it can be argued that although it is permissible to act in self-defence against an invader, the foetus is no such invader and should not be treated like one. Unlike the violinist who was artificially attached to you, the foetus is surviving due to the mother’s biological organs and by the natural processes of reproduction and this yields a special relationship. Therefore, this appears to be a crucial difference between the violinist and the foetus. The natural environment of the violinist is not your body, whereas the natural environment of the foetus is within the mother’s womb. Furthermore, the violinist is trespassing because your body is not their natural environment whereas a foetus cannot
In conclusion, Thompson's criticisms of the Standard anti-abortion argument are false. Premise 1 stays true as life begins at conception because that is the point when the fetus starts to grow. Premise 2 stays alive because murder is both illegal and morally wrong. Why? because you are depriving them of their future and causing harm to the people who love the victim. And lastly, premise 4 remains true because there is a difference between not helping someone live and directly killing them, thereby proving the case of the unconscious violinist as not analogous. All in all, the standard anti-abortion argument remains a sound argument.
...main for that hour – that it would be indecent in her to refuse” (page 119). My problem with this scenario is that she leaves it unfinished. What happens to the child that is then born? If pregnancy only lasted an hour, it wouldn’t be that big of a deal. It’s the part after that (which is taking care of a child) that lasts the rest of your life and is most important. I also feel that Thompson makes assumptions, which make it easier for her to argue her points. In her first argument about the violinist, she says “I would imagine you would regard this as outrageous…” (Page 114). How does she know what people would “imagine?” It seems very arrogant of her to assume that people reading her article would automatically agree with her opinions. I think that the article focuses too much on why the Pro-Life ideas are wrong, instead of why Pro –Choice is right.
The fact that the violinist requires the use of your kidneys for his survival does not entitle him to the right to use them without your permission. If you were to allow him the use of your kidneys, that would be an act of kindness on your part, but not something anyone could demand of you.... ... middle of paper ... ... A significant point that shows the failure of this analogy to justify abortion is that one cannot compare having sex and conceiving a child to opening a window that lets in seeds.
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
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
She again uses a thought experiment where she presents a situation where if a mother were to carry her fetus to term that it would kill her. She states “we are told that performing the abortion would be directly killing the child, whereas doing nothing would not be killing the mother, but only letting her die,” which opens up an argument of the difference over killing a person and just letting them die when in this situation the mother could live if she was able to abort the pregnancy. She presents four scenarios to which this situation could end. The first is that killing an innocent is impermissible, so an abortion cannot take place. The second is killing an innocent is equivalent to murder, and murder is never okay so therefore an abortion can not take place. The third is, killing an innocent is worse then letting a person die therefore an abortion may not be performed. Finally, the fourth scenario is that if you have to choose between killing a person and letting them die you have to choose letting someone die and an abortion may not take place. She goes on to say that all of the scenarios are all false, but then only provides a reasoning for the second scenario saying that if the mother performed an abortion to save her own life that it could not
Judith Jarvis Thomson, in "A Defense of Abortion", argues that even if we grant that fetuses have a fundamental right to life, in many cases the rights of the mother override the rights of a fetus. For the sake of argument, Thomson grants the initial contention that the fetus has a right to life at the moment of conception. However, Thomson explains, it is not self-evident that the fetus's right to life will always outweigh the mother's right to determine what goes on in her body. Thomson also contends that just because a woman voluntarily had intercourse, it does not follow that the fetus acquires special rights against the mother. Therefore, abortion is permissible even if the mother knows the risks of having sex. She makes her points with the following illustration. Imagine that you wake up one morning and find that you have been kidnapped, taken to a hospital, and a famous violist has been attached to your circulatory system. You are told that the violinist was ill and you were selected to be the host, in which the violinist will recover in nine months, but will die if disconnected from you before then. Clearly, Thomson argues, you are not morally required to continue being the host. In her essay she answers the question: what is the standard one has to have in order to be granted a right to life? She reflects on two prospects whether the right to life is being given the bare minimum to sustain life or ir the right to life is merely the right not to be killed. Thomson states that if the violinist has more of a right to life then you do, then someone should make you stay hooked up to the violinist with no exceptions. If not, then you should be free to go at a...
In the Judith Jarvis Thomson’s paper, “A Defense of Abortion”, the author argues that even though the fetus has a right to life, there are morally permissible reasons to have an abortion. Of course there are impermissible reasons to have an abortion, but she points out her reasoning why an abortion would be morally permissible. She believes that a woman should have control of her body and what is inside of her body. A person and a fetus’ right to life has a strong role in whether an abortion is okay. Thomson continuously uses the story of a violinist to get the reader to understand her point of view.
In her article Thomson starts off by giving antiabortionists the benefit of the doubt that fetuses are human persons. She adds that all persons have the right to life and that it is wrong to kill any person. Also she states that someone?s right to life is stronger than another person?s autonomy and that the only conflict with a fetuses right to life is a mother?s right to autonomy. Thus the premises make abortion impermissible. Then Thomson precedes to attacks the premise that one?s right to autonomy can be more important to another?s right to life in certain situations. She uses quite an imaginative story to display her point of view. Basically there is a hypothetical situation in which a very famous violinist is dying. Apparently the only way for the violinist to survive is to be ?plugged? into a particular woman, in which he could use her kidneys to continue living. The catch is that the Society of Music Lovers kidnapped this woman in the middle of the night in order to obtain the use of her kidneys. She then woke up and found herself connected to an unconscious violinist. This obviously very closely resembles an unwanted pregnancy. It is assumed that the woman unplugging herself is permissible even though it would kill the violinist. Leading to her point of person?s right to life is not always stronger than another person?s right to have control over their own body. She then reconstructs the initial argument to state that it is morally impermissible to abort a fetus if it has the right to life and has the right to the mother?s body. The fetus has the right to life but only has the right to a ...
“On the Moral and Legal Status of Abortion” by Mary Anne Warren is an in depth analysis of what, in Warren’s opinion, it is exactly that defines a person and human being, the moral community, fetal development and the right to life, potential personhood and the right to life, and infanticide. Warren believes that emotion and morality should be entirely separate, and that abortion should be legal for all women, as denial would be stripping women of basic human rights, the rights that a woman holds over an unborn fetus. I personally agree with her arguments on these topics as I agree that women should be allowed to have abortions on their own terms, without subjection of authority or society telling her what she can and cannot do, as well as I agree for the most part on her view of what a person is, potential personhood not outweighing the choice of abortion, and her reasoning on what defines a person of the moral community.
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”.
The mother-son case illustrates that there are more factors in play than just the two that Thomson presents in her thesis. Thomson’s conditions by themselves cannot explain every situation. The relationship between the people involved can also affect whether a decision is morally permissible or not. If that relationship entails that one person is emotionally bound and ethically responsible for the security and well-being of the other, the first cannot knowingly contribute to the death of the second. Thomson’s thesis must be modified to include this condition as well.
According to Judith Thomson in her book “A Defense of Abortion”, a human embryo is a person who has a right to life. But, just because the human fetus has the right to life does not mean that the mother will be forced to carry it (Thomson, 48). Naturally, abortion may be seen as the deliberate termination of a pregnancy before the fetal viability. Though people have understood this, the topic of abortion has remained a controversial issue in the world. Individuals are divided into “Pro-choice” and “Pro-life” debaters depending on their opinion on the morality of the action. "Pro-life," the non-consequentialist side, is the belief that abortion is wrong, generally because it equates to killing. "Pro-choice," the consequentialist view, however,