BIOMEDICAL ETHICS TEST 3
Abortion: Legal Standing, Early pro-abortion victories:
1973: Doe vs Bolton: broadened the meaning of “health of the mother in jeopardy” to include
social, economic, and emotional health as well as physical health.
1976: Danforth vs. planned parenthood: The court struck down parts of the law that required
parental consent for a minor who understood what she was doing and the part of the law that
stated consent of the father of the unborn was necessary for woman to get an abortion
1983: City of akron vs. Akron Center for reproductive health: the court struck down:
oThe need for post-first trimester abortions to occur in a hospital.
oAn “informed consent” provision which would have required physician to recite “parade
of horribles designed, not to inform, but to dissuade.
oThe requirement of a 24 hour waiting period.
oAutomatic parental notification and consent for a minor under 15 years old.
oProvisions demanding humane disposal of fetal remains.
Pro-life: victories:
1989: Ebster vs. Reproductive health service: The following decisions were supported by the
court
oState employees cannot be required to preform non-theraputic abortions.
oThe state is not required to preform non-thereaputic abortions in a state-financed
hospital.
oThe state may require the viability be tested after 20 weeks.
oThe state can pass laws outlawing abortions after viability.
oA rejection of the trimester devisoiin established by roe vs. wade.
oThere exists no right to government funded abortions guaranteed by the constitution.
1990: Hodgson vs Minnesota: upheld a Minnesota law requiring to notify both parents of a
minor requesting an abortion at least 48 hours before performing the procedure. (notification
not consent)
1992 Casey vs. planned parenthood of western Pa.:
oUpheld a requirement for minors to obtain consent (not just notification) form a parent
or judge prior to getting an abortion.
oUpheld a requirement for a minimum 24 hr waiting period from time of counseling to
abortion.
oUpheld a requirement that “informed consent” include information concerning fetal
development, effects of abortion on patient and fetus, and alternative solutions.
oStruck down portin of law requiring women to notify husbands of intent to obtain an
abortion.
Abortion: legal standing the story since casey full slide oct 3
Since Casey, the supreme court has been unwilling to consider any other case which even hints
toward challenging the fundamental ideas in roe v wade
The us supreme court has heard a number of cases dealing with the issue of protestors outside
abortion clinics.
For the 30+ years after Casey, pro-life advocates concentrated on regulating abortion, mostly the
state levelk. Most of these concern parental notification, use of state funds, and partial birth
abortions. As of 2023, 36 states have parental notification/consent laws on the books.
10/10/23
ALMOST FALL BREAK YAY!!!!!!!
1. Partial birth abortion definition pic
2. 2000: Steinberg vs Carhart:
State of Neb had passed a law banning partial birth abortions; challenged up to US supreme
court
Court ruled ban was unconstitutional because 1: it did not contain an exception for mothers life
or health in jeopardy per doe v bolton. 2: it did not clearly distinguish partial birth abortins from
other late term abortion prodecdures
Effectively struck down all other state bans not containing similar exceptions
Oct 2003: congress passes the first federal ban on partial birth abortions; federal ban contains an
exception;
“The subsection does not apply to a partial-birth abortion that is necessary to save a life of a
mother whose life is endangered by a physical disorder, physical illness, or physical injury,
including a life-endangering physical condition caused by or arising from the pregnancy itself.”
Pres. Bush signed into law on Nov 5, 2003
Pro-choice view:
It is always or almost always morally permissible for a women to have an abortion
Right to privacy argument: every person has an absolute right to privacy concerning what to do
with their own body.
The non-personhood argument: the duty to do no harm applies only to human persons. The
unborn fetus, especially in the first and second trimester, has not achieved the status of being a
person.
The quality of life argument: a child that is deformed or defective should not be forced to suffer
a life worse than death.
Pro-life side
It is always or almost always immoral for a woman to have an abortion.
The sanctity of life argument: life is a gift and has value in and of itself. To take an innocent life is
murder.
The personhood argument: the fetus is a full human person from conception and therefore the
duty to do no harm applies to the fetus regardless of quality of life.
The adoption argument Many couples who cannot have children would life to adopt; unwanted
babies could be given up for adoption
Moderate views:
Abortion is usually not morally permissible, but under certain circumstances can be regretfully
be permitted:
When the life of the mother is in danger
In the case of rape
In the case of incest
In cases where the child would suffer greatly from extreme deformities
In cases where having a child would be extremely burdensome (teenage pregnancies)
What do we mean by “moral status?”
Moral status: the obligation to treat another being in a morally appropriate way
oMoral principles, especially non-maleficence, apply in some degree towards that being.
Some beings have no moral status at all.
Many beings have moral status in some degree
oMoral status is not an all or nothing concept; there are degrees of moral status
oGenerally agreed that life gives something moral status
oTraditionally, a being’s degree of moral status has correlated with its level of life form.
Almost everyone recognize that we have a moral obligation to “do no harm” (nonmaleficence) to
other persons. Taking the life of a person constitutes a violatiobn of this obligatiob. When does
the unborn achieve the status of “person” with the full moral rights of a person? Does this apply
form the momebt of conception or is it some time afterward?
What do we mean by “person?” :
Human Organism – a biological/genetic concept; a member of the human species
Person – a psychological/philosophical concept; a person is a living being that has the essential
capacity for rational thought, emotional expression, willful direction, and moral reflection
concerning him/herself and the world around him/her
Human being: combines a & b: a person and organism
By essential capacity I mean a capability that exists by nature of the kind of thing “person” is:
basic inherent capacity
(basic = it is the bases for all other capacities)
oFirst order capacity: the immediate ability to perform an action or function in a certain
way.
oSecond order capacity: a fundamental ability to perform actions or functions that is the
basis for first order capacities.
“inherent” – a capacity a thing possesses by nature pf the kind of thing it is
Capacity – the natural ability to function a certain way that may or may not ever be actualized.
LANGUAGE AND DOGS
You have a first order capacity to speak in
English.
You do not have the first order capacity to speak
farsi, but you have a second order capacity to
speak farsi because by natures you a the kind of
creature that can learn languages.
My dog also does not have the first order
capacity but the reason is different: it lacks the second order capacity to learn languages
Persons have this basic inherent capacity whether they ever actualize it or not.
oTwo reasons the BIC may not be actualized:
oDamage to the system inhibits your ability to access the capacity.
oLack of development inhibits access to the capacity.
SECOND HALF:
When does a human being come into existence?
Agnosticism: no one knows.
Decisive moment theories: there exists a precise moment in the life of a human being when they
began to exist.
Gradualism: there is no one single moment when a human being comes into existence. It is a
gradual development or process of coming into existence.
AGNOSTICISM:
Since no one can really know when personhood begins, should not entertain the question.
Therefore except for other possible ethical issues in a given situation, destruction of the embryo
is justifiable.
Problems with agnosticism:
If “no one knows” then what is to stop someone from killing a one or two yesr old because he
believed that personhood didn’t occur until three?
Benefit of the doubt should be granted to the unborn. Even agnostic must admit that we could
be killing a person.
The basic inherent capacity of personhood (that which separates a human organism from a
human being) 9s there from the beginning. That is why human organism develops as a person.
By allowing abortion agnostics have already decided when a human organism becomes a person:
time after birth.
Decisive moment theories:
Conception
Implantation
Brain development
Appearance of humanness
Sentience
Quickening
Viability
Birth
CONCEPTION:
- the union of male sperm and the egg of a female
- occurs anywhere from hours up to seven days after sperm is introduced into the female.
- The unborn is a zygote at this time.
The radical break: two things (sperm/egg) become one thing (zygote). This is the only time such
a break will occur in a persons existence.
This is a separate individual being with its own genetic code that has come into existence
needing only food, water, shelter, and oxygen, it is an integrated, self-developing organism that
differs from an adult in only four ways: SLED
SLED:
-Size: the embryo is smaller, but size ha nothing to do with personhood.
-Level of development: embryo is less developed, but this too is irrelevant.
-Environment: embryo is located in a special environment, but we can all be in that state.
-Degree of dependency: if viability is the key, then all those on kidney machines are non-viable.
