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Is the fetus a person with rights
Should a fetus have the right to not be killed
Judith Jarvis Thomson essay
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The Violinist Argument In her essay, “A Defense for Abortion,” Judy Jarvis Thomson primarily argues for the permissibility of abortion, due to rape, but it can be challenged by exposing flaws in her argument that relies heavily on analogy. However, objections to Thomson’s explanation fail to defeat her argument. Before Thomson addresses “The Violinist” case, she concedes the point that a fetus is a person and therefore has a right to life. Now, Thomson continues by stating that a woman’s right to her body outweighs the fetus’s right to life. To demonstrate her position, Thomson utilizes a “thought experiment” involving a famous violinist. Suppose you wake up one morning and are attached to an unconscious violinist, one that is respected
The Society of Music Lovers, an organization dedicated to aid the dying artist, searched through all available medical records and realized that only you have the correct blood type for an effective transfusion, which will certainly cure the violinist. The committed organization has thus kidnapped you and attached his circulatory system to yours through various technological means in order to extract poisons from his blood. If you were to disconnect, or unplug yourself from the violinist, he would immediately die, but in nine months he will have recovered and could be safely detached. Thomson concludes that a person’s right to life does not trump the right to use another person’s body. Thus, if you disconnect from the violinist, you will merely deprive him of your body- to which he has no right. However, if you continue to stay connected to the artist, you will only be doing a kindness on your part,
For instance, the victim in the violinist example is free to leave after nine moths, but during a pregnancy, a mother can not simply leave her child after labor. This disanalogy is often ignored for it only strengthens Thomson’s argument. Nitpicking between small differences offers no compelling logic to defeat the thought experiment. Similar to how opponents of Thomson’s rationalization carefully attack the smallest details, a distinction cannot be made of what life is more valuable. Fundamentally, in either case, both the violinist and child die. All life is equally valuable and such distinctions offer no tangible contradictions to trump Thomson’s example. Additionally, an actual pregnancy has vastly different effects on a woman’s physical and psychological condition than simply being attached to a well known artist. This further justifies having an abortion, a position Thomson firmly stands by, especially during the case of nonconsensual sex. Moreover, a mother does not necessarily have more responsibility towards their offspring than an artificially connected violinist. To some women, a fetus is a stranger and a personal connection is not evident, even if a biological connection is. Furthermore, pregnancy takes a huge toll on a woman’s body and not all women have the desire to withstand such a situation. Also, the
According to Thomson, unjust killing comes from the result of depriving someone from a right that they own. In the Henry Fonda case, Fonda was given the magical ability to cure a sickness with just one touch over a fevered brow. So, Fonda has the right to volunteer in touching the fevered brow, but is not obligated to do so because the sick person does not own the right of Henry Fonda’s hand. This analogy is very significant in comparison to Thomson’s argument on justified abortion because it shows that the mother should not be held to any constraints because she has the freedom to her body. Given the fact that the mother has the authority to make any decisions she wants; abortion will always be justified because she is not obligated to give
Margaret Olivia Little’s “The Moral Permissibility of Abortion” much like that Judith Jarvis Thomson’s agues over the decent and indecencies of abortion. She comes to a similar conclusion that, “no abortion in early term is ever unjust, though they can be indecent.” Little covers the impact on women throughout a pregnancy and when abortions are sought ‘for the sake of the undeveloped human, and concludes that, “a potential
Furthermore, Lee and George then dispute another argument, which they call “the evaluative version.” This arguments contends that a fetus becomes valuable and bearers of rights during a later time. Lee and George dispute various scenarios in this version. For example, Judith Thomson supported abortion by comparing the right to life with the right to vote. Lee and George attacks Thomson objection by stating
Imagine you are enjoying a trip and you find a person dumped in your yacht by gangsters . The involuntary stow-away is coming out of a coma and is now in need of your assistance to help him survive. The trip back home is 9 months, and you only possess enough food for one person. However, you are able to share your food and other resources with the stow-away and still survive, albeit you will barely survive . The question then becomes if you are morally obliged to share your food with the stow-away? Berry argues that it would be morally impermissible to let the person accidently trapped on your yacht starve to death rather than share your food. It appears that the difference between the ‘yacht example’ and the ‘violinist’ is that it requires less effort on our part to save the stow-away on the yacht compared the violinist. This is because the violinist requires use of our body, whereas the stow-away only requires the use of our possessions. The amount of sacrifice required in each case differs and it follows that this defines the extent to one’s moral responsibility to save the person in question. If we apply Berry’s reasoning to the foetus, then it is impermissible to perform an abortion simply because the sacrifice required during pregnancy is greater than expected. It appears that Berry is arguing that one is always morally obliged to protect a
In the Judith Jarvis Thomson’s paper, “A Defense of Abortion”, the author argues that even though the fetus has a right to life, there are morally permissible reasons to have an abortion. Of course there are impermissible reasons to have an abortion, but she points out her reasoning why an abortion would be morally permissible. She believes that a woman should have control of her body and what is inside of her body. A person and a fetus’ right to life have a strong role in whether an abortion would be okay. Thomson continuously uses the story of a violinist to get the reader to understand her point of view.
Thomson provides the example of being hooked up for nine months to provide dialysis to an ailing violinist to expose how a fetus’s right to life does not supersede a mother’s right to make medical decisions about her body (48-49). I find that this thought experiment especially helpful in understanding how even though a fetus does have a right to life, because the continuation of their life hinges on the consent of their mother to use her body, it falls to the mother to choose whether or not to allow the fetus to develop to term.
...r (directly killing the baby in the womb or slitting the throat of the violinist). I believe the difference is very clear and therefore refutes Thompson's case of the unconscious violinist. This means that premise 4 still stands true.
The mother-son case illustrates that there are more factors in play than just the two that Thomson presents in her thesis. Thomson’s conditions by themselves cannot explain every situation. The relationship between the people involved can also affect whether a decision is morally permissible or not. If that relationship entails that one person is emotionally bound and ethically responsible for the security and well-being of the other, the first cannot knowingly contribute to the death of the second. Thomson’s thesis must be modified to include this condition as well.
...main for that hour – that it would be indecent in her to refuse” (page 119). My problem with this scenario is that she leaves it unfinished. What happens to the child that is then born? If pregnancy only lasted an hour, it wouldn’t be that big of a deal. It’s the part after that (which is taking care of a child) that lasts the rest of your life and is most important. I also feel that Thompson makes assumptions, which make it easier for her to argue her points. In her first argument about the violinist, she says “I would imagine you would regard this as outrageous…” (Page 114). How does she know what people would “imagine?” It seems very arrogant of her to assume that people reading her article would automatically agree with her opinions. I think that the article focuses too much on why the Pro-Life ideas are wrong, instead of why Pro –Choice is right.
In the article 'A Defense of Abortion' Judith Jarvis Thomson argues that abortion is morally permissible even if the fetus is considered a person. In this paper I will give a fairly detailed description of Thomson main arguments for abortion. In particular I will take a close look at her famous 'violinist' argument. Following will be objections to the argumentative story focused on the reasoning that one person's right to life outweighs another person's right to autonomy. Then appropriate responses to these objections. Concluding the paper I will argue that Thomson's 'violinist' argument supporting the idea of a mother's right to autonomy outweighing a fetus' right to life does not make abortion permissible.
Thomson’s argument is presented in three components. The first section deals with the now famous violinist thought experiment. This experiment presents a situation in which you wake up one morning and discover you have been kidnapped and hooked up to an ailing violinist so that his body would have the use of your kidneys for the next nine months. The intuitive and instinctive reaction to this situation is that you have no moral duty to remain hooked up to the violinist, and more, that he (or the people who kidnapped you) does not have the right to demand the use of your body for this period. From a deontological point of view, it can be seen that in a conflict between the right of life of the fetus and the right to bodily integrity of the mother, the mother’s rights will trump those of the fetus. Thomson distills this by saying “the right to life consists not in the right not to be killed, but rather in the right not to be killed unjustly”.
Abortion is an important and rather popular topic in the philosophical world. On one side of the argument, pro choice, Judith Jarvis Thomson argues that abortion is permissible because the pregnancy might not have been voluntary or the mother’s life is at risk if she continues on with the pregnancy. On the opposing side of the argument, Don Marquis argues that abortion is wrong because it takes away all the potential things a fetus could value in their future life. In this paper, I will argue against Don Marquis view of abortion. I will begin by explaining that Marquis does not take into consideration the effect the pregnancy may have on the mother, and I will talk about how Thomson does take the mother into consideration. Next, I will criticize
By critically examining Thomson’s (1971) three analogies; the Violinist, the Henry Fonda analogy and the People Seeds analogy, all three analogies fail to show that it is not unjust to deny the foetus the right to the mother’s body. Therefore, the foetus has a right to not be killed unjustly and have the use of the mother’s womb.
Thomson concludes that there are no cases where the person pregnant does not have the right to chose an abortion. Thomson considers the right to life of the pregnant person by presenting the case of a pregnant person dying as a result from their pregnancy. In this case, the right of the pregnant person to decide what happens to their body outweighs both the fetus and the pregnant person 's right to life. The right to life of the fetus is not the same as the pregnant person having to die, so as not to infringe on the right of the fetus. In the case of the violinist, their necessity for your body for life is not the same as their right over the use of your body. Thomson argues that having the right to life is not equal to having the right to use the body of another person. They argue that this is also the case, even if the the pregnant person knowingly participated in intercourse and knew of the possibility of pregnancy. In this case it would seem that abortion would not be permissible since the pregnancy was not by force. However, we are reverted back to the case of rape. If a fetus conceived voluntarily has the right not to be aborted due to how it was conceived, then the fetus conceived from rape should also have that same right. Instead of creating a distinction of cases where the fetus has a right to use the body of a pregnant person, Thomson instead makes a distinction of when abortion would be morally
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.