09 September 2006

Debating Abortion

We're back! Due to my inability to read katakana, I accidentally deleted the blog--right before Labor Day weekend, of course, so it took Blogger a little while to restore it for us. My apologies to all. The Objectivist has scared up a Fredonia Philosophy colleague to pinch-hit for a column or three while I'm in Japan, so without further ado, let me introduce The Theist.

--The Constructivist

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The Objectivist
Dunkirk-Fredonia Observer
The Standard Abortion Argument


On March 7, 2006, South Dakota's government enacted a law (HB 1215) that criminalized abortion except where it is necessary to save the woman's life. The law makes no exceptions for rape and incest. In November, South Dakota voters will face a referendum on the law. About 800 abortions a year occur within South Dakota and the state only has one abortion clinic, which is operated by Planned Parenthood. In 2000, according to the Guttmacher Institute, 8% of the pregnancies in South Dakota were aborted. This is low compared to the rest of the country where 21% of pregnancies were aborted (1.3 million abortions). At current rates, the Institute estimates that one third of American women will have had an abortion by the time they reach 45. Given the referendum, it's worth looking at the standard pro-choice argument.

In 1971, Judith Jarvis Thomson of the Massachusetts Institute of Technology famously argued that women have a right to an abortion, by which she meant that no one may forcibly prevent her from having one. Her main idea was that in abortion-related cases, a fetus (that is, human life between conception and birth) does not have a right to be in the woman's body.

In some cases, Thomson noted, the fetus never had the right to be in the woman. In the case of rape or failed contraception, Thomson asserted, the woman did not consent to the fetus entering her body. Even in the case of intercourse without contraception, she says, the woman did not give the fetus permission to enter the woman. Critics responded that the woman took the risk by having intercourse under conditions that posed a substantial risk of pregnancy. But merely having taken a risk that someone will come into your body or property, even a negligent one, does not constitute permission. For example, imagine that I live in the worst part of Detroit and I leave my house unlocked. As a result, a homeless man enters it and proceeds to eat my Cool Ranch Doritos, I haven't given him permission to do so even if the threat of such break-ins is well-known and easily avoided.

In the case where the woman purposely became pregnant and then changed her mind, Thomson notes, the fetus had but then lost the right to remain inside the woman. This is similar to the way in which a woman having intercourse may withdraw her consent if it becomes painful. This is especially true if her partner prefers to continue for another hour.

The rest of the pro-choice argument is straightforward. On this account, the fetus has no right to be in the woman's body and may thus be forcibly removed. On this line of argument, since forcible removal can only be accomplished through killing the invading fetus and since the invasion is a very serious one, the woman is permitted to kill the fetus. Abortion is a killing since the most common methods involve the physician dismembering the fetus (for example, via suction tubes with sharp cutting edges and other methods involve poisoning the fetus).

Some pro-lifers concede that a woman may use lethal force against a rapist but assert that a fetus is nothing like a rapist. After all, they claim, fetuses are innocents and rapists are bad guys. However, this is to equate being an aggressor and moral guilt and they are not the same. An individual can be an aggressor even if he is not blameworthy. Consider the Staten Island Slasher, Juan Gonzalez. He was a schizophrenic who killed two and wounded nine with a sword. On some accounts, Gonzalez was morally innocent and in fact was called "a model patient" and "extremely well-mannered" in the psychiatric facility in which he lived. A woman endangered by Gonzalez may kill him regardless of whether Gonzalez knew what he was doing.

As far as I can tell, Thomson's argument is convincing. Compare it to the arguments that are sometimes used to oppose abortion. It is sometimes argued that abortion is wrong because all human beings have a right to life. The U.S. Catholic Bishops, for example, make this argument. This argument is plainly unsound. Last week I argued that it is persons and not human beings that have rights. Even if this conclusion were not true, human beings who attack or invade others temporarily forfeit their right to life. This explains why killing in self-defense and wartime is permissible. Some Christians argue that fetuses can't be killed because they have souls or because they have the potential to become persons. Of course neither claim establishes that the fetus has a right to be inside the woman when she doesn't want it there.

Pro-choice groups don't help things when they make silly arguments about avoiding back-alley abortions or allowing each woman to decide for herself when life begins. Nevertheless their position is correct and South Dakota is embarrassing itself by stepping on women's rights.

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The Theist
Dunkirk-Fredonia Observer
Why Most Abortions Are Wrong


Why would it be wrong for me to kill you? If I did that, I'd be depriving you of something of great value, namely, the rest of your natural life. (I'd be depriving countless others as well, but the harm to you is usually enough to make the killing wrong.) Now in certain circumstances, say, if you're threatening to shoot me, or if you're a soldier in an opposing army, arguably, I'd do no wrong in killing you. But in most circumstances, it would be very wrong for someone to kill you.


You used to be a baby. If I'd killed you back then because I didn't like the smell of your diaper, I'd have done something very wrong. Before you were a baby, you were a fetus. If I had kicked your nine-months pregnant mother in her big stomach, resulting in your death, I would have done something very wrong. In general, fetus killing is morally wrong for the same reasons that most homicides are wrong--the victim is thereby deprived of the rest of its natural life. Now what if your mom had wanted to abort you in the ninth month? Most of us, again following common sense (and I note, even most professing "pro-choicers") would say that this would be wrong. Just as infanticide is wrong, for the same reasons, late-term abortions are wrong.

How far back in time does your life go? You didn't pop into existence at birth, or at the ninth month of pregnancy, or even at the point of "viability." The science of biology presents us with a picture of a single, continuously developing thing. There's no reason to think that you existed before a certain conception within your mother. But were you formerly a zygote? Perhaps--no one knows for sure. But that's a reason not to seek a very early term abortion. If I don't know whether or not killing the zygote is depriving a being of a future life containing the joys of music, sex, and NFL football, then I ought not kill that zygote. If I can't see whether or not any children are hiding in a large tree, then I ought not chop it down.


I'm glad I wasn't aborted, and I'll bet you are as well. Argue all you want about whether or not unborn members of homo sapiens are "humans," "persons," or endowed with souls. In any case, it seems that killing these things is generally wrong for the same reasons that killing adult humans is generally wrong. If we're going to deprive something of a massively valuable future life, we need to have a very good reason to do so, such as self-defense. Sorry, but "I really don't want to have a baby right now" doesn't seem to be a strong enough reason to make the killing morally permissible, any more than "I'm really tired of this marriage and don't have time for a divorce" would make it permissible for a man to kill his wife.

If like me you believe in God, you probably have additional reasons for thinking that most abortions are wrong. But note that none of the preceding depends on religious considerations. Careful reasoning can lead to a wide consensus on this, as it has on issues such as infanticide, slavery, and female genital mutilation, if people are willing to lay down their culture-wars mentality and carefully reason through the issue.

What The Objectivist calls "the standard pro-choice argument" is standard only among a small class of intellectuals. This argument is almost never heard at the popular level of discourse; it grants that the unborn are human persons, and argues that even so, at least if the couple used birth control which failed, the woman does no wrong in aborting, even in the ninth month. (Ever heard a "pro-choice politician or activist argue that way?) The deepest problem with the argument is its assumption that morality is fundamentally based on contracts. The idea is that as long as the woman didn't enter in to a contract with the fetus, or with society to support the fetus's life, she has no moral obligation not to kill the fetus. This assumption is false. She has obligations to the fetus in virtue of that fact that the pathetic little thing, a thing of great potential and value, needs help which only she can give, and has much to lose, and also the fact that she is its biological mother.

How would The Objectivist reply to my anti-abortion argument? Although he agrees that he was once a baby (fetus, embryo) he thinks that back then he had no moral rights at all. He holds that only "persons" (defined as beings with highly developed mental abilities) have moral rights. This claim pretty well refutes itself. Let it suffice to say that if this were true, then non-persons such as babies, advanced Alzheimer patients, and the mentally handicapped have no moral rights. So if you killed one just for fun, in The Objectivist's view, you wouldn't have done anything morally wrong (unless you thereby violated the rights of someone other than the victim). Yeah, sure.

17 August 2006

Stem Cell Follies

The Objectivist
Dunkirk-Fredonia Observer

On July 19, 2006, President George W. Bush vetoed a bill that permitted the federal government to fund research on embryonic stem cells from embryos that were left over from in vitro fertilization procedures. This is consistent with his earlier decision in 2001 that made federal funds available for research concerning currently existing stem cell lines, but not new ones. Bush’s stated reason for vetoing the bill was that it would support the taking of human life. He stated that, "Each of these human embryos is a unique human life with inherent dignity and matchless value."

Despite the overblown rhetoric, his argument here probably rests on the notion that embryos have a right (that is, are owed a moral duty) not to be used in research aimed at generating treatments for cancer, spinal cord injury, heart damage, and other maladies. But do embryos have such a right?

An embryo is a human being in the sense that is alive (it metabolizes nutrients, grows, etc.) and is human (rather than, say, a frog). However, those who think it is okay to eat are meat likely reject the notion that all living things have a right against being killed. Ducks are alive and tasty.

In general, whether something is a human being is not relevant to whether it has rights. If there were intelligent alien beings (for example, ET or Barney) who had lives like ours, they would have the same rights that we do and for the same reasons. This tells us that it is not a biological category that determines who has rights. Rather, it has to do with whether something is a person. The exact conditions of personhood are controversial, but they are related to quality of thought or emotion. Specifically, persons have rationality, self-consciousness, complex emotions, or something along these lines.

The stem-cell opponents' best response here is to argue that embryos have rights against others because if left alone, they will naturally develop into persons. The proponents argue that this is analogous to newborn infants who are thought to have rights despite not yet being persons.

One problem with this natural-future theory is that it doesn't result in all embryos having rights against being killed. Some embryos have genetic defects that ensure that they won’t develop into persons. For example, some embryos have genetic defects that will cause them to be severely retarded or not live more than a year or two. However, some opponents might accept this conclusion.

A second problem is that a being's natural future is irrelevant. Consider a newborn with a bowel obstruction who will die unless a surgeon operates on him. In some areas such a newborn will likely receive the surgery (e.g., Dunkirk) and in some areas he won't. Focusing on a newborn’s natural future makes its status depend on things such as whether it will develop without medical care (natural as pre-technological) or its likely future (natural as the statistically likely outcome). Clearly both are irrelevant in explaining whether a newborn has a right not to be killed. A newborn's moral status doesn't depend on whether surgeons live nearby. This shows that the natural-future argument is mistaken.

This result is unsurprising. Theories that focus on whether something is natural have a history of failing. Theologians and philosophers who argue that only natural sex is permissible invariably fail to explain why this is the case.

Embryos aren't persons and don't have a right not to be killed. Hence, they are fair game for stem cell experiments. The obvious objection is that my argument would support the claim that newborns also lack rights and this is a jaw-dropping absurdity. But why is this conclusion absurd? Attributes like the newborn's pre-technological future and statistically likely future are irrelevant. The parents’ relation to the newborn might suggest that there is a right in the parents, but not the newborn. For example, a person might love his dog but that doesn't result in his dog having rights that an unloved dog doesn't.

It might also be objected that stem-cell research will bring about a general lack of respect for human life that will coarsen our society. For example, the 2004 President’s Council on Bioethics raised this concern. Opponents then claim that such coarsening will then bring about suicide, murder, indifference to others’ suffering, etc. I haven't seen any evidence for this claim, so it looks like mere guesswork to me. In addition, even if such an effect were to be present, the costs of this effect would have to be weighed against benefits in fighting other maladies like cancer and heart failure. In short, President Bush's argument against funding stem-cell research is unconvincing.

07 August 2006

Stem Cell Controversy: Veto City

The Objectivist
Dunkirk-Fredonia Observer

Embryonic stem cells are cells that are taken from a three to five day old embryo. An embryo at that stage is largely undeveloped in it consists of a basketball-like clump of around 50-150 cells. The embryonic stem cells can renew themselves for a long time and can generate cells with a variety of functions (e.g., they can generate cells that are part of the heart, lung, and skin). These attributes lead some medical researchers to believe that such cells hold promise in treating diseases such as Parkison’s, Alzheimer’s, and diabetes and toward treating spinal cord injury and heart failure. On July 19, 2006, President George W. Bush vetoed a bill that would have permitted the government to fund research on embryonic stem cells that were left over from in vitro fertilization procedures. The research is controversial because it involves either destroying an embryo or cloning.

The destruction of embryos led President Bush to argue that the bill was unacceptable because “it would support the taking of innocent human life.” In my next column, I will argue that this was incorrect since early human life is different from personhood and it is persons who have a right against being killed. In this column, I want to focus on two flawed arguments that are common in Congress and the relevant scientific and ethical communities.

Rep. Michael Castle (R-Del.) and columnist Mitch Album have argued for federal funding of embryonic stem cell research because it puts an otherwise wasted resource to good use. Album, for example, quotes Dr. Sue O’Shea, director of the Michigan Center for Human Embryonic Stem Cell Research as stating that per in vitro treatment, roughly 20-30 embryos are created and then thrown away. He then argues that performing research on these embryos is surely as respectful toward them as throwing them out. Album dismisses the claim that they would otherwise be adopted since there have been only 128 adoptions of such embryos in the past nine years and there are 400,000 frozen embryos. Note that stem-cell opponents dispute this second figure.

The problem with this argument is that it treats letting a human being die and killing him as morally equivalent. This is counterintuitive. For example, consider if we had several patients who were going to die within 24 hours and whose organs could be harvested to save others only if we killed them, albeit painlessly, and surgically removed their organs. We would fail to respect these patients if we killed them even though doing so would make the world a better place. This argument does show that for someone who thinks that human embryos are human lives, in vitro fertilization clinics are horror shows, but this is not the issue that Congress and the President addressed.

Some ethics committees (such as The President’s Council on Bioethics in 2004) have suggested that embryonic stem cell research is morally permissible only if the embryo is dismantled early in its development (specifically before it is ten to fourteen days old). A closely related position is that it is permissible if done before this point. As summarized by William Saletan, the ethics committees often cite a rough convergence of different features of the embryo: individuality (twinning won’t occur), organization (the division and differentiation of cells), implantation (attachment to the uterine wall), and the development of a nervous system. It’s clear that none of these changes matter. Consider twinning. Imagine that in adulthood, a single human could divide into two persons similar to how an amoeba divides. This wouldn’t show that killing an adult is permissible. Given this, it’s hard to see how it’s relevant in the context of embryos. Organization is similarly irrelevant. In judging the value of an early stage in human life there’s no reason why it should matter whether a relatively small number of cells are organized or not. Implantation is also irrelevant in that a being’s rights or value can’t depend on what it’s connected to. The concern over whether the embryo has a nervous system is just a backdoor method of focusing on consciousness. However, since plenty of animals we eat every day are conscious, this is plainly irrelevant.

In any case, regardless of whether embryonic stem cell research is permissible, it doesn’t follow that the government should support it. Michael Tanner of the CATO Institute points out that stem-cell research is already legal and well funded by the private sector. He notes that in 2005 such research received $102 million in venture-capital funding and is also pursued by corporate giants such as Johnson & Johnson, General Electric, and Novartis. Since federal funding will likely displace private funding, and poses a substantial threat of politicizing research, it will likely make things worse. The inefficiency of the government is well established and the chance of the research not being politicized via the politics of abortion is incredibly small. Remember this is the same group of buffoons that jumped into the middle of the Terry Schiavo fiasco. In the end, then, Bush was correct to veto the bill, but not for the reason he gave.