Philosophy Post: A New Approach to the Abortion Debate
I thought I'd share with you my philosophy on the abortion
debate-- always a good topic for a friendly, lighthearted conversation, of
course. But anyway, if you have a few minutes, and you want to think
about this issue methodically and rationally, from a perspective you haven't
heard, read this.
Premise 1) The State must decide upon a specific definition of life's
origin, a particular stage in development that serves as the line of
demarcation between a human entitled to constitutional rights, and mere
grouping of human cells. This stage lies somewhere between gametes
(sperm and egg) and a newborn baby. This definition must be specific to
avoid the deaths of any persons that should be entitled to rights.
Premise 2) The essence of being human-- the ultimate basis for human rights,
protections, and services from the State-- is our qualitative experience.
The State is justified in protecting citizens from various sources of harm
because of the qualitative experience of pain (I'm using this term broadly to
include not only physical pain but any undesirable mental state such as
sadness, fear, grief, etc.) There is no other way to explain this other
than that pain is painful, and
therefore the State ought to protect against various sources of pain such as
crime. Thus, conscious beings have a vested interest in
reality. Unconscious beings do not, because they are not subject to
conscious experience.
Constitutional and legal rights are ways to protect against various sources
of suffering. People would experience much more pain if constitutional
rights, laws, and law enforcement did not exist (think of the resulting misery
in a totalitarian society or a lawless state-of-nature.)
Imagine, if it were possible, a human without the essential element of
humanity, a "philosophical zombie". He is not experiencing any
qualitative experience, he is completely unconscious, but somehow he is able to
function normally. The orchestrated madness of his body continues:
billions of neurons still fire away in his brain and provoke a chain reactions
causing him to speak, his heart still beats, his behavior remains the same,
etc. When he is pricked with a needle he responds with a wince and yells
'Ow!', but he experiences nothing. Existence for him is silent
nothingness that wouldn't be any different if he didn't exist at all.
So why should the state protect him with laws when his own welfare does not
even matter to himself? The welfare of an unconscious entity (I would not
include people who are temporarily unconscious) is of no importance whatsoever
unless it affects someone who is conscious. Unconscious entities are in
the same category as a table or a piece of glass- there is no reason to offer
them rights because they have no vested interest in reality.
Premise 3) For the first several weeks of development, the fetus is not
conscious. I am not writing
this to propose when consciousness begins, because I simply don't know. It's something science has yet to
uncover. Virtually nothing is
known about how consciousness is produced, but there is no doubt that it
emerges from the brain. Furthermore, the elements of consciousness, such
as emotions, sensory experience, and thoughts, are known to be produced in the
brain. Since brain waves are detectable
in the developing fetus around week 13, it probable that the fetus is conscious
by then. But for a few weeks leading up
to then, the fetus is a preconscious, complex series of organic molecules without
any awareness or sensation.
Conclusion) It is unethical to abort conscious fetuses, it is not unethical to abort preconscious fetuses. Therefore, the State should protect conscious fetuses by outlawing abortions when it is considered possible that they are conscious. Imagine you are a fetus in early development that has not reached consciousness yet, and your mother has decided to abort you. If you are faithfully imagining what this procedure, your death, will be like for you, you will be imagining absolutely nothing. You were experiencing nothing and you will continue to experience nothing. Therefore, as I see it, no harm was committed in having the abortion. A fetus aborted just before it achieves consciousness is no more tragic than a sperm that misses the egg by a millimeter.
Some will argue that unconscious fetuses deserve protection because they will eventually become conscious, and that they will develop into normal human beings. I don't find this argument convincing, because obviously we should not be concerned with protecting every wasted sperm or egg cell to make sure that it develops into a life. To respond to this by saying that sperm and egg should be excluded from protection, but that a fertilized egg cell should not, is arbitrary. The ethicality of an abortion should be couched exclusively in the welfare of the fetus, and an unconscious fetus' welfare has yet to begin. Aside from religious reasons, which I'm not even going to consider, there is no reason to grant special protection to a fertilized egg cell. The desire to do this comes from a mental reflex, and instinct impelling us to begin honoring life at its official, biological origin. It's an urge to find clarity and simplify our interpretation of the world, even when the reason to do so is not grounded in the welfare of the fetus in question. That, in my opinion, is unethical.













2 things.
1. The ethicality of an abortion should be couched exclusively in the welfare of the fetus ...
In giving all these "rights" to a fetus, you have taken away the rights of a woman. How can you ethically justify trumping the rights of a woman for a fetus? (You can't.)
2. The State must decide upon a specific definition of life's origin, a particular stage in development that serves as the line of demarcation between a human entitled to constitutional rights, and mere grouping of human cells.
As far as I know, the states have already done this, although not in the name of constitutional rights, thank the goddess. Somewhere around 20 - 23 weeks and after, states usually require a fetal death certificate when a fetus is still-born. The certificate is usually a combination birth and death certificate and is signed by a doctor with the doctor's best guess as to the cause of death.
I don't know about the methodical part of this philosophy, but you have not offered any rationality to make your case, in my opinion.
June 30, 2009 3:08 PM | Reply | Permalink
Hi seashell- as for your first comment, I do think a woman has a right to abort a late-term fetus if it puts her own life/health in jeopardy. Otherwise, no human being has a right to terminate another's life. Once the fetus develops into a human being complete with all of the rights of an adult, the woman's right to terminate it ends. The purpose of this post was to argue that that point is the beginning of consciousness. After that moment, abortion is tantamount to killing a newborn baby. Maternal rights certainly do not apply to that.
As for your second comment, you may be right that many states have created such a definition- my point was just to establish that such a definition should exist. In other words, I do not agree with those definitions but I think a definition should exist. That's all I was trying to say.
As for your third comment, you didn't even put forward any reason why I 'have not offered any rationality to make [my] case', other than that you are uncomfortable with the notion of women having limited rights over fetuses.
June 30, 2009 3:42 PM | Reply | Permalink
I think you're trying to draw line that's not nearly as clear cut in the abstract as it is in real cases. The same is true at end of life. What about "conscious" but severely and terminally damaged?
Sure, the state needs to set some boundaries but the decisions are best left to physicians and families -- at the beginning and the ending of life.
June 30, 2009 6:26 PM | Reply | Permalink
If you are severely brain damaged, you are still conscious- still subject to pain and pleasure. You may not have the capacity to recognize your family, understand language, or even have a single complex thought, but you are still conscious. It is possible to imagine what it is like to be that person.
I don't think allowing physicians and families make the decision gives enough guidance. People handle decisions like that differently, and so I don't see how they can all be right. With a matter as important as life, there needs to be a specific answer.
June 30, 2009 8:24 PM | Reply | Permalink
I can remember back to wen I was three and before that I don't really rmember much of anything, I guess that would mean I was "conscious" at about the age of three.
As pro-choice as I am I am not real comfortabe with allowing "abortions" of children up to three but I enjoy watching you make the argument.
June 30, 2009 6:47 PM | Reply | Permalink
Even if you don't remember it, you were conscious. Lack of memory does not indicate lack of consciousness. You were even conscious in your mother's womb, but the ability to form long-term memories wasn't developed yet.
Children in the womb respond to their mother's voice and display many of the same behaviors as newborn babies.
June 30, 2009 8:16 PM | Reply | Permalink