Biomedical Ethics and the Law

Biomedical Ethics and the Law
Author: James M. Humber
Publsiher: Springer Science & Business Media
Total Pages: 645
Release: 2013-03-09
Genre: Philosophy
ISBN: 9781461565611

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In the past few years, an increasing number of colleges and universities have added courses in biomedical ethics to their curricula. To some extent, these additions serve to satisfy student demands for "relevance. " But it is also true that such changes reflect a deepening desire on the part of the academic community to deal effectively with a host of problems which must be solved if we are to have a health-care delivery system which is efficient, humane, and just. To a large degree, these problems are the unique result of both rapidly changing moral values and dramatic advances in biomedical technology. The past decade has witnessed sudden and conspicuous controversy over the morality and legality of new practices relating to abortion, therapy for the mentally ill, experimentation using human subjects, forms of genetic interven tion, and euthanasia. Malpractice suits abound, and astronomical fees for malpractice insurance threaten the very possibility of medical and health-care practice. Without the backing of a clear moral consensus, the law is frequently forced into resolving these conflicts only to see the moral issues involved still hotly debated and the validity of the existing law further questioned. Take abortion, for example. Rather than settling the legal issue, the Supreme Court's original abortion decision in Roe v. Wade (1973), seems only to have spurred further legal debate. And of course, whether or not abortion is a mo rally ac ceptable procedure is still the subject of heated dispute.

A Brief Liberal Catholic Defense of Abortion

A Brief  Liberal  Catholic Defense of Abortion
Author: Daniel A. Dombrowski,Robert John Deltete
Publsiher: University of Illinois Press
Total Pages: 188
Release: 2000
Genre: Religion
ISBN: 0252025504

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The Catholic church has always opposed abortion, but -- contrary to popular belief -- not always for the same reasons. This tightly argued, historically grounded study sets out to demonstrate that a "pro-choice" stance, now held by a significant minority of Catholics, is as fully justified by Catholic thought as an anti-abortion view, and may even be more compatible with Catholic tradition than the current opposition to abortion espoused by many Catholics and most Catholic leaders. A Brief, Liberal, Catholic Defense of Abortion argues that the current Catholic anti-abortion stance is justified neither by modern embryology nor by ancient church teachings. Combining up-to-date information on fetal development with a thorough grasp of the works of the church's early thinkers, Daniel A. Dombrowski and Robert Deltete expose crucial contradictions between the early and the modern church's views of abortion. Returning to the writings of two pillars of early Christian thought, Sts. Augustine and Thomas Aquinas, the authors show that abortion was originally condemned by the church on the grounds of perversity, since it nullified the only permissible reason for sexual relations: procreation. Only in more recent times has the view arisen of abortion as indefensible on the ontological grounds that human personhood begins at the moment of conception. The authors demonstrate that the early church's view of fetal development -- delayed hominization, in which the fetus is endowed with a human soul only when it achieves a physical human body -- is diametrically opposed to the current anti-abortion stance. In fact, the authors show, the insistence on immediate hominization that provides thefoundation for the current "pro-life" view stems from two seventeenth-century scientific misconceptions -- preformationism and the homunculus -- that have since been thoroughly discredited. By considering the history of Catholic thought in its relation to the history of science, Dombrowski and Deltete bring a new level of detail and focus to the abortion debate. Their thoughtful, measured argument provides a fresh perspective that will benefit participants on all sides of the controversy.

A Defense of Abortion

A Defense of Abortion
Author: David Boonin
Publsiher: Cambridge University Press
Total Pages: 370
Release: 2003
Genre: Medical
ISBN: 0521520355

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David Boonin has written the most thorough and detailed case for the moral permissibility of abortion yet published. Critically examining a wide range of arguments that attempt to prove that every human fetus has a right to life, he shows that each of these arguments fails on its own terms. He then explains how even if the fetus does have a right to life, abortion can still be shown to be morally permissible on the critic of abortion's own terms.

Beyond Roe

Beyond Roe
Author: David Boonin
Publsiher: Oxford University Press
Total Pages: 304
Release: 2019-02-01
Genre: Philosophy
ISBN: 9780190904852

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Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.

Rights and Wrongs of Abortion

Rights and Wrongs of Abortion
Author: Marshall Cohen
Publsiher: Princeton University Press
Total Pages: 140
Release: 2021-07-13
Genre: Social Science
ISBN: 9780691233161

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During its first two years of publication, Philosophy & Public Affairs contributed to the public debate on abortion a set of remarkable and brilliant articles which examine the basic philosophical issues posed by this controversial subject: whether the fetus is a person, whether it has a right to life, whether a woman has a right to decide what happens in and to her body, whether there is an ethical connection between abortion and infanticide, whether there is any point after conception where it is possible to draw the line beyond which killing is impermissible. These five essays, together here for the first time in a single volume, offer radically differing points of view; they provide the best sustained discussion of these philosophical issues available anywhere. Contents: Judith Jarvis Thomson, "A Defense of Abortion"; Roger Wertheimer, "Understanding the Abortion Argument"; Michael Tooley, "Abortion and Infanticide"; John Finnis, "The Rights and Wrongs of Abortion"; and Judith Jarvis Thomson, "Rights and Deaths."

Defending Life

Defending Life
Author: Francis J. Beckwith
Publsiher: Cambridge University Press
Total Pages: 482
Release: 2007-08-13
Genre: Political Science
ISBN: 9781139466424

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Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance view entails that the unborn is a subject of moral rights from conception. While defending this view, the author responds to the arguments of thinkers such as Boonin, Dworkin, Stretton, Ford and Brody. He also critiques Thomson's famous violinist argument and its revisions by Boonin and McDonagh. Defending Life includes chapters critiquing arguments found in popular politics and the controversy over cloning and stem cell research.

The Moral Case for Abortion

The Moral Case for Abortion
Author: Ann Furedi
Publsiher: Springer
Total Pages: 173
Release: 2016-07-27
Genre: Political Science
ISBN: 9781137411198

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This thought-provoking book sets out the ethical arguments for a woman’s right to choose. Drawing on the traditions of sociological thinking and moral philosophy, it maintains that there is a strong moral case for recognizing autonomy in personal decision-making about reproductive intentions. More than this, it argues that to prevent a woman from making her own choice to continue or end her pregnancy is to undermine the essence of her humanity. The author, a provider of abortion services in the UK, asserts that true respect for human life and true regard for individual conscience demand that we respect a woman’s right to decide, and that support for a woman’s right to a termination has moral foundations and ethical integrity. This fresh perspective on abortion will interest both pro- and anti-choice individuals and organizations, along with academics in the fields of gender studies, philosophy, ethics and religion.

An Alternative Defense of Abortion A critique of Judith Jarvis Thomson s A Defense of Abortion

An Alternative Defense of Abortion  A critique of Judith Jarvis Thomson   s  A Defense of Abortion
Author: Isil Ceren Yildirim
Publsiher: GRIN Verlag
Total Pages: 23
Release: 2019-07-24
Genre: Philosophy
ISBN: 9783668986770

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Seminar paper from the year 2018 in the subject Ethics, grade: 1,0, University of Frankfurt (Main), course: Biomedical Ethics, language: English, abstract: One of the main issues that the second wave feminists addressed was the right of women to decide if and when they want to have children. Women in the sixties and seventies protested for their reproductive rights and demanded the legal access to abortion with slogans like “my body, my choice”. Although many countries liberalized their laws concerning abortion, the debate about the moral permissibility still remains one of the most heated debates across different societies. Judith Jarvis Thomson’s essay “A Defense of Abortion” was published in 1971 and has had a great impact on the philosophical debate on abortion and its moral permissibility. Moral philosophers who are pro- or anti-choice alike have argued about the argumentative strategy that is best to support one’s claims concerning abortion. Thomson’s essay has been critiqued for various different reasons and this papers goal is to work out how Thomson’s position could be rethought after over forty years of its first publishing. My main thesis is virtually the same as Thomson’s: abortion is not always impermissible. However, I disagree with her methodology and I argue that the details of different cases and the societal context they happen in ought to decide whether abortion is morally permissible or not. My critique is especially aimed at Thomson’s strategy to assume – for the sake of the argument – that the fetus is a person, her conception of bodily autonomy and her terminology. In the first part of the paper I summarize Thomson’s position while focusing on the most important aspects for the following critique. In the second part, I mainly use the theories of Gina Schouten and Rosalind Hursthouse to criticize some of Thomson’s assumptions. Gina Schouten has argued (from a feminist perspective) for considering that there is a societal moral obligation for caring and protecting the most vulnerable which means that depending on the moral status of fetus’, there is an obligation to care for them. Another interesting critique can be made by questioning of the role that (bodily) autonomy plays in bioethics and how Thomson uses it to justify abortion. Rosalind Hursthouse has attacked Thomson’s violinist example for being too different from an actual pregnancy and found her terminology too imprecise.