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The purpose of this paper is to detail the contents of Judy Jarvis Thompson’s argument against the position that sexual intercourse implies a mothers consent for a fetus to use her body, from her paper “A Defense of Abortion,” and to evaluate the validity of her argument. On the topic of implied consent, Thompson attempts to support her position through the use of anecdotal parallels. Thompson acknowledges the argument that a fetus inherits the right to its mother’s body if the mother engaged in voluntary intercourse with the knowledge of the possibility of a resulting pregnancy. She also posits that the mother forfeits the right to abort the unborn child even as a method to save the mother’s life because of this tacit consent. On the other …show more content…
The woman is fully aware of the possibility of a burglar, but she voluntarily opens her window and a burglar enters. Thompson maintains that if the argument for implied consent holds true, the women is obligated to allow the burglar to use her home. This, she says, is absurd. Furthermore, Thompson states that it would be equally absurd if the burglar managed to get through defective window bars, or if it were no burglar at all, but an innocent person who falls in. Regardless of who gets in or how, Thompson reasons that the homeowner has no obligation to entertain the unwanted intruder. These statements reflect the idea that if a woman consents to sex, she should have to accept any and all consequences of the intercourse, especially a …show more content…
These seedlings are people-seeds, which can float into the house and take root in the carpets and upholstery. If a person took all possible precautions, there would still be an opportunity for the seeds to take root, in the same way that a baby can be conceived regardless of a woman’s contraceptive efforts. In the event that a seed takes root, should the woman be obligated to allow it to use her home? Thompson challenges that a woman should have the right to remove the seed and should not be expected to go to extreme measures to keep it out. This idea parallels women’s contraceptive efforts, which are known to be ineffective in rare cases, and the extreme view that women who do not seek to procreate should practice abstinence, or surgically disable their bodies from carrying children. Thompson’s assessment reveals that she believes that the argument for implied consent is flawed and does substantiate the claim that all abortion is unjust killing. Though Thompson addressed many of the main pieces of the argument for implied consent, she presented situations that do not accurately reflect reality. Both of her scenarios involved either people or “people-seeds” that entered a person’s home freely and were not personally created by the homeowner and another
In this essay, I will hold that the strongest argument in defence of abortion was provided by Judith Jarvis Thompson. She argued that abortion is still morally permissible, regardless if one accepts the premise that the foetus is a person from the moment of conception. In what follows, I agree that abortion is permissible in the ‘extreme case’ whereby the woman’s life is threatened by the foetus. Furthermore, I agree that abortion is permissible to prevent future pain and suffering to the child. However, I do not agree that the ‘violinist’ analogy is reliable when attempting to defend abortion involving involuntary conception cases such as rape, whereby the foetus does not threaten the woman’s health. To achieve this, I will highlight the distinction
Judith Jarvis Thomson, in "A Defense of Abortion", argues that even if we grant that fetuses have a fundamental right to life, in many cases the rights of the mother override the rights of a fetus. For the sake of argument, Thomson grants the initial contention that the fetus has a right to life at the moment of conception. However, Thomson explains, it is not self-evident that the fetus's right to life will always outweigh the mother's right to determine what goes on in her body. Thomson also contends that just because a woman voluntarily had intercourse, it does not follow that the fetus acquires special rights against the mother. Therefore, abortion is permissible even if the mother knows the risks of having sex. She makes her points with the following illustration. Imagine that you wake up one morning and find that you have been kidnapped, taken to a hospital, and a famous violist has been attached to your circulatory system. You are told that the violinist was ill and you were selected to be the host, in which the violinist will recover in nine months, but will die if disconnected from you before then. Clearly, Thomson argues, you are not morally required to continue being the host. In her essay she answers the question: what is the standard one has to have in order to be granted a right to life? She reflects on two prospects whether the right to life is being given the bare minimum to sustain life or ir the right to life is merely the right not to be killed. Thomson states that if the violinist has more of a right to life then you do, then someone should make you stay hooked up to the violinist with no exceptions. If not, then you should be free to go at a...
Thomson starts off her paper by explaining the general premises that a fetus is a person at conception and all persons have the right to life. One of the main premises that Thomson focuses on is the idea that a fetus’ right to life is greater than the mother’s use of her body. Although she believes these premises are arguable, she allows the premises to further her explanation of why abortion could be
In this paper I will discuss Don Marquis’s essay “Why Abortion is Immoral” and Judith Jarvis Thomson’s objections to Marquis’ argument against abortion.
In her essay “Abortion, Intimacy, and the Duty to Gestate,” Margaret Olivia Little examines whether it should be permissible for the state to force the intimacy of gestation on a woman against her consent. Little concludes that “mandating gestation against a woman’s consent is itself a harm - a liberty harm” (p. 303). She reaches this conclusion after examining the deficiencies in the current methods used to examine and evaluate the issues of abortion. Their focus on the definition of a “person” and the point in time when the fetus becomes a distinct person entitled to the benefits and protections of the law fails to capture “the subtleties and ambivalences that suffuse the issue” (p. 295). Public debate on the right to life and the right to choose has largely ignored the nature of the relationship between the mother and the fetus through the gestational period and a woman’s right to either accept or decline participation in this relationship.
In conclusion, Thompson's criticisms of the Standard anti-abortion argument are false. Premise 1 stays true as life begins at conception because that is the point when the fetus starts to grow. Premise 2 stays alive because murder is both illegal and morally wrong. Why? because you are depriving them of their future and causing harm to the people who love the victim. And lastly, premise 4 remains true because there is a difference between not helping someone live and directly killing them, thereby proving the case of the unconscious violinist as not analogous. All in all, the standard anti-abortion argument remains a sound argument.
In Judith Jarvis Thompson’s article “A Defense of Abortion” she explores the different arguments against abortion presented by Pro –Life activists, and then attempts to refute these notions using different analogies or made up “for instances” to help argue her point that women do have the right to get an abortion. She explains why abortion is morally permissible using different circumstances of becoming pregnant, such as rape or unplanned pregnancy.
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.
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
Alternatively, one might think that having the right to life means that one has the right not to be killed. Again, though, Thomson thinks that the violinist case shows this to be false; surely one can unplug oneself from the violinist, even though doing so kills him. Pathos were included when she provided the example of the violinist. If one attempts to alter the definition by suggesting instead that having the right to life means having the right not to be killed unjustly, then one has done little to advance the debate on abortion. She states that the third party don’t have the right to have the choice of killing the person. She went with the logos and pathos way when she was trying to explain what was going to happen. It shows how Thompson agrees with how the choice of life is not up to the third party or anybody else. With pathos and logos, Thomson further argues that even if women are partially being usually responsible for the presence of the fetus, because it is a voluntarily by engaging in intercourse with the full knowledge that pregnancy might result, it does not thereby follow that they bear a special moral responsibility toward
Warren rejects emotional appeal in a very Vulcan like manner; devout to reason and logic and in doing so has created a well-written paper based solely on this rational mindset. Works Cited Warren, Mary Anne, and Mappes, D. DeGrazia. On the Moral and Legal Status of Abortion. Biomedical Ethics 4th (1996): 434-440. Print.
Thomson appeals to the strongest case for abortion, rape, to define the rights of the fetus and the pregnant person. Thomson concludes that there are no cases where the person pregnant does not have the right to choose an abortion. Thomson considers the right to life of the pregnant person by presenting the case of a pregnant person dying as a result of 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.
Many arguments in the abortion debate assume that the morality of abortion depends upon the moral status of the foetus. While I regard the moral status of the foetus as important, it is not the central issue that determines the moral justifiability of abortion. The foetus may be awarded a level of moral status, nevertheless, such status does not result in the prescription of a set moral judgement. As with many morally significant issues, there are competing interests and a variety of possible outcomes that need to be considered when making a moral judgement on abortion. While we need to determine the moral status of the foetus in order to establish the type of entity we are dealing with, it does not, however, exist in a moral vacuum. There are other key issues requiring attention, such as the moral status and interests of the pregnant woman who may desire an abortion, and importantly, the likely consequences of aborting or not aborting a particular foetus. Furthermore, I assert that moral status should be awarded as a matter of degree, based upon the capacities of sentience and self-consciousness an entity possesses. In a bid to reach a coherent conclusion on the issue, the moral status of both foetus and woman, along with the likely results of aborting a particular foetus, must be considered together. Given the multiple facets requiring consideration, I assert that utilitarianism (Mill 1863) offers a coherent framework for weighing and comparing the inputs across a variety of situations, which can determine whether it is ever morally justifiable to have an abortion.
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.
According to Judith Thomson in her book “A Defense of Abortion”, a human embryo is a person who has a right to life. But, just because the human fetus has the right to life does not mean that the mother will be forced to carry it (Thomson, 48). Naturally, abortion may be seen as the deliberate termination of a pregnancy before the fetal viability. Though people have understood this, the topic of abortion has remained a controversial issue in the world. Individuals are divided into “Pro-choice” and “Pro-life” debaters depending on their opinion on the morality of the action. "Pro-life," the non-consequentialist side, is the belief that abortion is wrong, generally because it equates to killing. "Pro-choice," the consequentialist view, however,