On the Moral and Legal Status of Abortion

1. On the Moral and Legal Status of Abortion 11FE031 KASUMI ODASHIMA

2. Mary Anne Warren • Associate professor of Philosophy at San Francisco State University • American writer • her writings on the issue of abortion

3. Argument • Because women are persons and fetus are not, women’s rights override whatever right to life a fetus may possess.

4. On the definition of “Human” • (1) it is wrong to kill innocent human beings → “human being has the moral sense” • (2) fetuses are innocent human beings →”human being has the genetic sense” it is wrong to kill fetuses

5. On the definition of “Human” primary criteria of personhood • Sentience (感覚性) • Emotionality(情動性) • Reason (理性) • The capacity to communicate • Self-awareness(自己認識) • Moral agency (道徳的行為者性) →a fetus is a human being which is not yet a person, and which therefore cannot have full moral rights

6. Fetal Development and the Right to life • (1) How a human being need to be before it begins to have a right to life? • (2)Does the fact that a fetus has the potential for becoming a person endow it with the same right?

7. (1) How a human being need to be before it begins to have a right to life? • 7 month fetus→ have a form of consciousness • Respond to stimuli (light, sound) • But, not as conscious, or as capable of emotion as a very young infant is • little or no capacity for reason, intentional communication, or self awarenesses fetus is not have a right to life

8. (2)Does the fact that a fetus has the potential for becoming a person endow it with the same right? No, a fetus doesn’t have the same right.

9. Conclusion • Women are persons, and fetuses are not • Women’s rights to life liberty, and physical integrity override whatever right to life Laws that deny women’ the right to obtain abortions are unjustified violation!