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Abortion: Tooley, Warren and Marquis

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Do you think abortion is a moral issue? Discuss with reference to
Tooley, Marquiz and Ann Gary Warren. What do you think, according
to you, should be the virtuous middle path in order to deal with it?
The National (American) Center for Health Statistics, the Centers for Disease Control and
Prevention (CDC), and the World Health Organization (WHO) define abortion as the termination
of the pregnancy prior to 20 weeks' gestation or the birth of a fetus weighing less than 500 g1.
Abortion is not new to the human society. Abortion is probably “as old in India as is the Indian
civilization itself” (Mohan, 1973)2. In Hinduism the moral deliberations on abortions involve the
concept of Ahimsa, Karma and reincarnation wherein abortion “deliberately disrupts the process
of reincarnation, and killing an innocent human being is not only in contrast with the concept of
Ahimsa, but also places a serious karmic burden on its agent” (Kairash, 2019)3. In Mahābhārata,
abortionists are counted along with the vendor of Soma juice4, the weapon maker, the one that
injured his friends, the violator of the guru’s bed and ultimately as the slayer of a Brahmin.
(Damian, 2010)5.
While abortion faces moral turpitude under religious and societal syntaxes, more than 300
contemporary non-industrial societies practice abortion (Devereux, 1955). Many woman have
practiced abortion on themselves or have had experienced abortions at the hands of others for
over thousands of years (Potts et al. 1977). According to the World Health Organization (WHO)
40-50 million abortions are done annually, however, half of them are unsafe- that is, they are
“done by persons who lack necessary training and medical resources”. Of the 70,000 women
that die from unsafe abortions, about 95% of them belong to developing nations with severely
restricted abortion access. Moreover one in five unsafe abortions results in reproductive tract
infection which may lead to chronic health problems or permanent infertility (Warren,1973).
Nevertheless, when done properly, abortion is considered as one of the safest procedures in
medicine. It is safer than childbirth which has 14 times higher risk of death in the United States6.
Schorge, John O.; Schaffer, Joseph I.; Halvorson, Lisa M.; Hoffman, Barbara L.; Bradshaw, Karen D.;
Cunningham, F. Gary, eds. (2008). "6. First-Trimester Abortion". Williams Gynecology (1 ed.). McGrawHill Medical. ISBN 978-0-07-147257-9.
2
Mohan, Raj Pal, and Raj Pa Mohan. “Abortion in India.” Social Science 50, no. 3 (1975): 141–43.
http://www.jstor.org/stable/41885953.
3
Aramesh K. (2019). Perspectives of Hinduism and Zoroastrianism on abortion: a comparative study
between two pro-life ancient sisters. Journal of medical ethics and history of medicine, 12, 9.
https://doi.org/10.18502/jmehm.v12i9.1340
1
4
In the Vedic tradition, soma (Sanskrit: सोम) is a ritual drink[1] of importance among the early Vedic
Indo-Aryans.[2] The Rigveda mentions it, particularly in the Soma Mandala. Gita mentions the drink in
Chapter 9.[3] It is equivalent to the Iranian haoma.[4][5]. Wikipedia
“ABORTION FROM THE PERSPECTIVE OF EASTERN RELIGIONS: HINDUISM AND BUDDHISM”
Author: Constantin-Iulian Damian. Publisher: Romanian Journal of Bioethics, Vol. 8, No. 1, January –
March 2010
5
Access to safe abortion is the need of the mordern health care system however social and
political disaggreement towards the same raises the question of it’s ethics and morality. In this
essay the morality and immorality of abortion will be critically discussed. Understanding the
“virtuous path” over this issue will be examined.
7
According to Mary Anne Warren in her paper “Abortion” (1973), abortion (upto late second
trimester or third trimester) is moral considering the socio-economic contexts of the individual in
question. Since majority of heterosexual adults (women) are involved in sexual relationships
(with or without marriage) during a substantial part of their fertile years then “abstinence only
sex education consistently fails”. These relationships are often important to the woman’s
“economic survival” (say in patriarchal households where women are economically ‘exchanged’
via marriage) and ability to support her children (as women are primarily responsible for child
rearing) because women’s earning power is usually less than men’s. Moreover, while
contraceptives as an alternative reduce the risk of an unwanted pregnancy, they nevertheless
Raymond, E.G.; Grimes, D.A. (2012). "The Comparative Safety of Legal Induced Abortion and Childbirth
in the United States". Obstetrics & Gynecology. 119 (2, Part 1): 215–19. Via Wikipedia
7
Reference from:
1. Graham Collection Archive: http://www.granthamcollection.com/new_index.html
2. Waldo L. Fielding, “Repairing the Damage, Before Roe”, The New York Times (June 3, 2008).
https://www.nytimes.com/2008/06/03/health/views/03essa.html
3. Sean O'Hagan, Interview: “I've seen horrible things': photographer Laia Abril on her history of
misogyny”. The Guardian (July 20, 2016).
https://www.theguardian.com/artanddesign/2016/jul/20/ive-seen-horrible-things-photographerlaia-abril-on-her-history-of-misogyny
6
have a significant failure rate and their usage is limited due to awareness, (religious and
autonomical) freedom and material factors. Finally, some pregnancies are the result of rape or
coercion and thus presuming the term raises ethical questions.
Consequentialist as well Rights Based Arguments are also forwarded by Warren and Tooley
which advocate for the moral permissibility of abortion:
Consequential Based Arguments:
1. Since life begins at the conception of human zygote and fetuses are potential humans
then fetus have a moral right to life8 and hence abortion is a form of wrongful homicide (a
serious moral wrong)
a. However, since ovum and sperm have been alive for years before their
conception as a human embryo, then this claim is false. Haploid and diploid cells
in a body are also already alive and such “human conception” distinctions thus
only evoke species membership. (Warren, 1973)
b. Since, early embryos “may spontaneously divide, resulting in twins or triplets;
alternatively, it may combine with another embryo, giving rise to a single embryo
with a mosaic of genetic traits. Thus, it is concluded, the early embryo is not yet
an individual human being” (Warren, 1973)
c. Also, “fetuses very probably lack the neurophysiological structures and functions
that are necessary for the occurrence of pain and other conscious experiences,
as well as for thought, self-awareness, and other mental activities” (Burgess and
Tawia 1996) and it is virtually certain that first-trimester fetuses are yet to develop
structures and functions to “suffer pain, unhappiness, or the loss of anything that
they enjoy, desire, or value. They are biologically alive, but they do not have what
James Rachels called a “biographical” life– one that includes feelings and
experiences. While we may value their lives, they cannot value their own present
or future existence”. (Warren, 1973)
d. Moreover, since the desire presupposed by the right to life is to continue as a
being with a psychological state, and neither animals, infants nor fetuses can
meet this concept (lack of self-consciousness, continued subject of experiences
through time), Then, according to Tooley, it is not prima facie seriously wrong to
abort a fetus or kill an infant, though it may be prima facie seriously wrong to kill
some adult animals, namely, the ones that meet both of the above conditions
(Serious Rights to Life Claim) (Tooley, 1972).
→ The conditions one applies to personhood include “rationality,
consciousness, the attitude or stance taken by society, capacity for
From conception onwards, this development is gradual and continuous. Thus, it is argued, conception is
the only time at which the life of a human being can rightly be said to begin. If this is true, and if all human
beings have a right to life, then it follows that the zygote has this right. Neither its early stage of
development, nor its social invisibility, nor its dependence upon the woman’s body for life support can
justify the denial of this right (Noonan 1970). From Abortion, Mary Anne Warren
8
reciprocity, capability for verbal communication, and a selfconsciousness” (Dennett 1981, 269–271).
e. Also, the toll taken on fully actualized “women’s lives and health by the lack of
access to safe and legal abortion is extremely difficult to justify” (Warren, 1973)
→“Even if a potential person does have some prima facie right to life, such
a right could not possibly outweigh the right of a woman to obtain an
abortion, since the rights of any actual person invariably outweigh those
of any potential person, whenever the two conflict” (Warren, 1973)
2. Rapid population growth “magnifies the difficulties that developing nations
face in eradicating poverty and disease”. Moreover, it administers serious threats to
global biodiversity and ecological sustainability.
Rights-Based Arguments:
1. In prohibition or restriction to abortion access, women’s inherent freedom rights are
violated
a. “The freedom to seek or reject particular medical interventions is a vital part of
human liberty”. If there are basic human rights, then this must be warranted to
them, because “without it other basic rights are negated” (Warren, 1973).
b. As competent adults, women have the right to decide what happens to their
bodies, control their own fertility, and protect their own life and health. To deny
these rights to pregnant woman is to infringe upon this “vital freedom” (Warren,
1973)
2. Since parenthood involves responsibilities
a. Thus, for an individual to pursue good life for themselves and those for whom
they are responsible is important.
b. Many times surrendering their own children for adoption does not fulfill the
psychological and social needs of the individual in question.
c. The continuation of the term may lead to psychological deterioration of the parent
and offspring.
→ A long term study in Czechoslovakia on offsprings of abortion denied woman
cites the “adjustment and developmental difficulties of the children” (David et
all,1988).
Nevertheless, for some theorists like Don Marquis, killing a being with a right to life is seriously
morally wrong since it robs such a being of its future. According to him, abortion is, except
possibly in rare cases (say in threat to mother’s life, illness), “seriously immoral, and falls under
the same moral category as that of killing an innocent adult human being” (Marquis, 1989). This
understanding stems from the idea that killing someone would deprive the person from their
goals, achievements or experiences and would prematurely end the value of their life and
future. Tooley’s seperation of personhood from a fetus helps meet this critique of abortion since
it separates and falsifies this inherent addition of values and consciousness of a fetus (Tooley
“Abortion and Infanticide”, 1972).
fig 2: Summary of the Arguments
Anti-abortion arguments in general (falsely) dwells on the wrongness of destroying a person
(=fetus) connected in some way with the value that an individual’s life has, or potentially has, for
that individual. The first episode of a Japanese psychological horror animation: “Mononoke”
depicts such anxieties. In the episode the forcefully aborted children of prostitutes are shown to
have resurrected as Mononoke (spirits that cause suffering/ disease/ death in Japanese
folklore) whose wish is to have a mother and be born. Nevertheless the regrets of these
‘Mononoke’ are ambiguous and free of interpretation. It is important to note that the typical
reaction to cases of infanticide or abortion is like that to incest or cannibalism, where the
“response, rather than appealing to carefully formulated moral principles, is primarily visceral”.
fig 3: Screen Stills from “Mononoke”: Episode 1, directed by Kenji Nakamura (2007)
As Warren puts it, “it is difficult to find evidence that access to safe abortions harms the society”
(Warren, 1973). While late abortion may be morally more problematic, nevertheless it may be
justifiable in certain cases. The World Health Organization stresses that "access to legal, safe
and comprehensive abortion care, including post-abortion care, is essential for the attainment of
the highest possible level of sexual and reproductive health". Since if it werent for pregnancy
there would be no abortions, then the regulatory or restricting practices only against abortions
just polices woman’s bodies and protects coercive and abusive practices against women. The
virtuous path of abortion thus lies on the grounds of the contextual analysis of the said situation.
Understanding that the practice of safe abortions helps maintain balance and provide security to
women, families, the nation and ultimately to the virtual human beings who will later inherit “a
devastated planet”, then the religious and socio-political indoctrination of women’s healthcare
rights thus appears as the immoral path.
BIBLIOGRAPHY
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Schorge, John O.; Schaffer, Joseph I.; Halvorson, Lisa M.; Hoffman, Barbara L.; Bradshaw,
Karen D.; Cunningham, F. Gary, eds. (2008). "6. First-Trimester Abortion". Williams Gynecology
(1 ed.). McGraw-Hill Medical. ISBN 978-0-07-147257-9.
Mohan, Raj Pal, and Raj Pa Mohan. “Abortion in India.” Social Science 50, no. 3 (1975): 141–43.
http://www.jstor.org/stable/41885953.
Aramesh K. (2019). Perspectives of Hinduism and Zoroastrianism on abortion: a comparative
study between two pro-life ancient sisters. Journal of medical ethics and history of medicine, 12,
9. https://doi.org/10.18502/jmehm.v12i9.1340
“ABORTION FROM THE PERSPECTIVE OF EASTERN RELIGIONS: HINDUISM AND
BUDDHISM”
Author: Constantin-Iulian Damian. Publisher: Romanian Journal of Bioethics, Vol. 8, No. 1,
January – March 2010
Raymond, E.G.; Grimes, D.A. (2012). "The Comparative Safety of Legal Induced Abortion and
Childbirth in the United States". Obstetrics & Gynecology. 119 (2, Part 1): 215–19. Via Wikipedia
Graham Collection Archive: http://www.granthamcollection.com/new_index.html
Waldo L. Fielding, “Repairing the Damage, Before Roe”, The New York Times (June 3, 2008).
https://www.nytimes.com/2008/06/03/health/views/03essa.html
Sean O'Hagan, Interview: “I've seen horrible things': photographer Laia Abril on her history of
misogyny”. The Guardian (July 20, 2016).
https://www.theguardian.com/artanddesign/2016/jul/20/ive-seen-horrible-things-photographerlaia-abril-on-her-history-of-misogyny
Warren, Mary Anne. "On the moral and legal status of abortion." The Monist 57, no. 1 (1973): 4361.
Marquis, Don. "Why abortion is immoral." The Journal of Philosophy 86, no. 4 (1989): 183-202.
Tooley, Michael. "Abortion and infanticide." Philosophy & Public Affairs (1972): 37-65.
Hern, Warren. (1995). ABORTION: Medical and Social Aspects.
Warren, Mary Anne. “ON THE MORAL AND LEGAL STATUS OF ABORTION.” The Monist 57,
no. 1 (1973): 43–61. http://www.jstor.org/stable/27902294.
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