In the 1970s, a landmark decision known as Roe v. Wade was made in the United States, which significantly impacted women’s rights regarding abortion. This ruling introduced the trimester framework, allowing abortions during the first trimester while making it challenging to have them in the third trimester. However, this decision sparked a backlash, leading to decades of attempts to criminalize abortion in various ways without directly overturning Roe v. Wade.
While the legal aspects of abortion are complex, the moral questions surrounding it are equally intricate. One of the fundamental questions is whether fetuses are considered persons. This question is crucial because being a “person” implies having certain moral and legal rights, including the right not to be harmed without good reason.
To determine personhood, different theories exist. Some argue that if something is living and human, it is a person. However, this view is challenged by those who believe it excludes animals unfairly. Others propose a “capacity X” view, suggesting that personhood requires certain capacities, such as the ability to think complex thoughts, plan for the future, or feel pain.
The debate extends to entities with the potential to develop these capacities, like embryos. For instance, an embryo before 14 days doesn’t have the capacity for complex thought but has the potential to develop it. The question arises: is this potential enough to grant personhood?
Similarly, entities that once had these capacities but lost them, such as brain-dead individuals, pose another challenge. If personhood is defined by the capacity for thought or future orientation, do these individuals cease to be persons?
Even if fetuses are considered persons, it doesn’t automatically resolve the abortion debate. Some philosophers argue that a woman’s right to control her body may outweigh the fetus’s rights. Judith Jarvis Thompson’s famous thought experiment illustrates this point. She imagines waking up connected to a famous violinist who needs your body to survive. Despite the violinist being a person, you might feel justified in unplugging yourself, even if it results in the violinist’s death. This analogy is used to argue that a woman might have the right to terminate a pregnancy, even if the fetus is a person.
The discussion around stem cells and embryos adds another layer. Unlike fetuses, embryos used for stem cell research are not gestating in a woman’s body. If embryos are considered persons, the argument against destroying them might seem stronger because there’s no competing right to gestation. However, some argue that embryos have even less capacity for personhood than fetuses.
These debates illustrate the complexity of bioethical and legal considerations surrounding abortion and embryonic research. Understanding these perspectives helps us navigate the challenging questions of personhood and rights in these contexts.
Engage in a structured debate with your classmates on the concept of personhood. Divide into groups, with each group representing a different theory of personhood discussed in the article. Prepare arguments and counterarguments to present your perspective on whether fetuses and embryos should be considered persons.
Analyze real-life case studies where Roe v. Wade has been challenged or upheld. Discuss the legal reasoning and moral considerations involved in each case. Reflect on how these cases illustrate the complexities of abortion laws and the impact on women’s rights.
Participate in a workshop where you explore Judith Jarvis Thompson’s famous thought experiment. Discuss the implications of the analogy and how it relates to the rights of a woman versus the rights of a fetus. Consider alternative scenarios and their ethical implications.
Conduct research on the use of embryos in stem cell research and present your findings to the class. Focus on the ethical debates surrounding the destruction of embryos and the potential benefits of stem cell research. Engage your peers in a discussion on the balance between scientific progress and ethical considerations.
Write a philosophical essay on the potentiality argument for personhood. Discuss whether the potential to develop certain capacities is sufficient for granting personhood. Use examples from the article and other scholarly sources to support your argument.
Abortion – The deliberate termination of a human pregnancy, often discussed in the context of moral and legal considerations. – The ethics of abortion continue to be a contentious issue in many societies, with debates focusing on the rights of the mother versus the rights of the fetus.
Personhood – The quality or condition of being an individual person, often debated in terms of when it begins and what it entails. – Philosophers often explore the concept of personhood to determine at what point a fetus should be considered a person with moral rights.
Morality – Principles concerning the distinction between right and wrong or good and bad behavior. – The morality of actions such as euthanasia and capital punishment is frequently debated in philosophical and social contexts.
Rights – Legal, social, or ethical principles of freedom or entitlement; fundamental normative rules about what is allowed or owed to people. – The discussion of human rights is central to social studies, as it addresses the basic freedoms and protections every individual should have.
Capacity – The ability or power to do, experience, or understand something, often discussed in terms of mental or moral faculties. – In philosophy, the capacity for rational thought is often considered a defining characteristic of personhood.
Potentiality – The inherent capacity for growth, development, or coming into existence, often discussed in ethical debates about future possibilities. – The potentiality of an embryo to develop into a full human being is a key argument in discussions about the moral status of abortion.
Ethics – The branch of philosophy that deals with questions of morality and the principles of right and wrong behavior. – Ethics courses in university often challenge students to consider complex moral dilemmas and develop reasoned arguments.
Philosophy – The study of the fundamental nature of knowledge, reality, and existence, especially when considered as an academic discipline. – Philosophy encourages critical thinking and the exploration of profound questions about life, existence, and the universe.
Legal – Relating to the law or the system of rules that a particular country or community recognizes as regulating the actions of its members. – The legal implications of new technologies are a growing area of concern in both social studies and philosophy.
Debate – A formal discussion on a particular topic in a public meeting or legislative assembly, in which opposing arguments are put forward. – The debate over climate change policies involves ethical considerations, economic impacts, and scientific evidence.