Wednesday, September 4, 2019

Why Abortions Are Still Wrong and Should be Illegal (Part One)

Nathan Nobis and Kristina Grob recently published a book called Thinking Critically About Abortion: Why Most Abortions Aren’t Wrong & Why All Abortions Should Be Legal. The book was designed to teach people on both sides of the aisle, pro-life and pro-choice, how to have better conversations on the topic by pointing out bad arguments, showing why they are bad, and then showing better arguments that should be focused on. The authors then expounded what they believe to be better arguments against abortion and argued against them, then used arguments for abortion and used them to show why they believe most abortions are not wrong and why all of them should be legal. In this article series, I intend to show 1) that the authors’ arguments fail to show why most abortions aren’t wrong and they all should be legal, 2) they fail to interact with some of the best arguments against abortion, and 3) even in the arguments they do give, they present strawman versions of some of the pro-life arguments they examine, and even then they don’t succeed in refuting any of the arguments. Nobis and Grob's book has been made available to read for free on-line here.

Nathan Nobis and Kristina Grob (hereafter NG) have done a service to the abortion debate. I consider any book or article which seeks to advance the discussion on abortion to do a service, but specifically books that help teach critical thinking skills are greatly needed. As such, I commend NG’s desire to want to help people think critically on the issue so we stop hearing the bad arguments and focus primarily on the good ones. Their book is relatively short (being based on an article they wrote together), so it could easily be read in one afternoon.

I want to start out by showing my appreciation to NG for helping elevate the conversation above simple slogans and talking points. It’s an enterprise I wholeheartedly endorse and engage in, myself. However, aside from wanting to elevate the conversation on abortion, NG also attempt to show why most abortions are not wrong and why all abortions should be legal. Their book really starts to come apart here because they don’t provide compelling arguments for their conclusion and they attack a strawman of some pro-life arguments while not looking at some of the strongest pro-life arguments. I am going to attempt to support these claims by going through their book as briefly as I can.

1. Preface

In the preface of NG’s book, they claim their support for abortion rests on less-controversial claims: “adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings.” But this is a seriously controversial claim. Of course, the claim that adults and children are wrong to kill is pretty uncontroversial, but to claim it’s because they are conscious, aware, and have feelings is very controversial. Pro-life people ground a person’s right to life in their biological humanity, personhood, and/or underlying rational nature, and pro-life people are not a small subset of humanity. And considering that many philosophers view infanticide as morally permissible, their claim that babies are wrong to kill may also not be as uncontroversial as they think it is (although it should be).

NG go on to claim that even if fetuses have a right to life, it does not entail they have a right to someone else’s body. In most cases I would probably agree with that. However, I would argue that there are mitigating factors in pregnancy that do grant the fetus the right to use the woman’s body. So I would define “right to life” as a negative right not to be unjustly killed. Abortion would be an unjust killing of the fetus. Unfortunately NG rely on their own understanding of “right to life” in the debate rather than relying on how pro-life people commonly define that term.

2. Introduction and Defining “Abortion”

NG start off the book proper by trying to find some criterion by which we might want to make an act illegal. They claim that it’s not easy to do, but I would disagree with that claim. I think it is easy to do. If we understand that the role of government is to protect the natural rights of its citizens, then that gives us a pretty clear baseline to begin. Now obviously, not every single act may be cut and dry. It obviously takes some philosophical reflection to determine what our natural rights are and what sorts of acts violate those rights. But this makes the question of abortion an easy one, at least as to the legality of abortion. Does abortion violate the natural rights of the unborn? If the answer is yes, then abortion, like murder, ought to be illegal. If the answer is no, then abortion ought to be legal since preventing it would plausibly violate the natural rights of the woman who wishes to procure it. While NG didn’t come to a clear conclusion on the role of government, they are arguing that abortion should be legal because it is not immoral, and the government does not make moral acts illegal (or at least it does not make illegal acts which are not seriously or extremely immoral). That would be a miscarriage of justice.

So I disagree with their conception of government, and I'm also not convinced by their claim that it is a miscarriage of justice to make acts which are generally moral illegal. For example, Thailand and India recently made commercial surrogacy illegal because too many children were conceived and then abandoned by their biological parents. Now I would argue that commercial surrogacy is highly immoral, but even if you think it to be a moral practice, I don't see how anyone could think Thailand or India to be wrong to outlaw it to protect children from being abandoned. But let's just say NG are correct about this. I’ll accept those terms for the sake of examining their arguments.

NG continue on by wanting to define the term “abortion.” I agree that it’s always a good thing to start off by defining our terms. They present three definitions:

  1. An abortion is the murder of an unborn baby or child.
  2. An abortion is the intentional termination of a fetus to end a pregnancy.
  3. An abortion is the intentional killing of a fetus to end a pregnancy.

They reject the first two definitions and accept the third as the best.

Definition 1. They reject definition one on the grounds that it is basically question-begging; murder is obviously wrong, so if abortion is murder then it is also obviously wrong. But whether or not abortion is an act of murder is what is up for debate, so calling it murder without arguing for it begs the question at issue. I agree with their assessment here, and so I, too, would reject this first definition as problematic.

However, their discussion about whether or not fetuses count as “babies” or “children” is also problematic, and results in their first real egregious error in the book. They have three basic arguments against fetuses being babies: 1) The beginnings of something are usually not that thing (they use the examples of a pile of lumber and supplies not being a house and fabric, buttons, and thread not being a shirt); 2) If you do a Google image search for “babies” and “children”, and then “fetal development” and “embryonic development”, you’ll see that babies don’t come up for the latter two searches. So clearly they are not the same thing; and 3) If someone says they want a baby, they aren’t saying they want a month-old fetus. All three of these arguments have major problems.

Regarding the “beginnings” argument, it’s true that lumber and the house it builds are not the same thing and that thread and the shirt are not the same things. But here NG are confusing the concepts of active with passive potential. It’s true that the lumber is not the same thing as the house, but this is because that lumber could become anything. It could become a desk or a bookshelf instead of a house. And even if it becomes a house, there is nothing intrinsic in the lumber that causes the lumber to become a house. It requires an outside builder. Living things are not like artifacts. While artifacts (e.g. the house and the shirt) must be acted upon from the outside to become what it will become, living things don’t. A living thing is what it is from the beginning. So a human being is a human being at all stages of its development.

Despite what NG allege, “child” and “baby” are not stages of development. Even if we consider “babies” or “children” to simply be young humans, these encompass several stages of development. Not just the embryo and fetus stage, but also the infant, toddler, adolescent, and teenage (or “young adult”) stages of development. So arguing that things are not what they are from the beginning, aside from being mistaken in the case of living things, is also irrelevant to whether or not fetuses count as children. “Baby” and “child” are emotional terms. An adult is still a baby or child to his parents. When someone refers to a baby or a child, they are simply referring to one’s offspring, and a human fetus is certainly the offspring of the mother and father who contributed genetic material to the embryo that becomes the fetus.

Regarding the “images” argument, no, a two-year-old toddler will not appear at the top of a fetal development chart. In fact, this argument begs the question by assuming that fetuses and embryos are not children (if they are, then babies and children do, in fact, appear at the top of the chart). What NG seems to mean is that infants and toddlers don’t appear at the top of the chart, but why would they? These are later stages in development than the embryo and fetus stages.

Regarding the “I want a baby” argument, this is, in fact, what they are saying. If a woman tells her husband “I want a baby,” unless the couple knows they are infertile, she is not saying “let’s go to the adoption center and adopt a child.” She is telling her husband “I want you to get me pregnant.” So no, she is not saying “I want a month-old fetus” any more than she is saying “I want a two-year-old toddler,” since toddlers eventually grow out of the toddler stage and get older.

So to sum up, I do agree with NG about rejecting this definition of abortion because it relies on emotional appeals, even though I think their view about what “babies” and “children” are is mistaken.

Definition 2. NG reject definition two because of the word “termination”. The word “termination” is not informative so does not work well as a definition of abortion. There is also an issue with calling abortions necessarily “intentional,” but I’ll touch on that more in my examination of the third definition. To their credit, NG reject this definition because the word “termination” simply means to “end it in some way,” which is technically correct as abortion does end the development of the fetus. But it obscures the fact that something is killed in an abortion, which is why there is an ethical debate over it. Not all acts of killing are wrong, so we need to have a discussion over whether or not abortion is an act of wrongful killing or permissible killing. So the definition doesn’t work because “termination” is too vague a term. I agree with their rejection of this definition, also.

Definition 3. The third definition is the one NG likes best because, they say, it is “accurate, informative, and morally-neutral.” I agree that it is informative and morally-neutral, but I take issue with it being called accurate.

To the medical community abortions are not necessarily intentional. That’s why they call miscarriages “spontaneous abortions.” A woman who miscarries obviously did not intend to lose the life of her fetus but nevertheless it prematurely ended. This is why I tend to make distinctions between spontaneous abortions, elective abortions, and therapeutic abortions. I think this is a more specific and accurate way to understand abortions, at least if we’re going to keep in line with the medical community’s understanding of abortion. Now granted, NG did state as a caveat that “spontaneous abortions” are not intentional actions that can be judged morally; they just happen. And this is true, so NG are using “intentional” to indicate that these are abortions specifically caused by the woman and her abortion provider, not accidental cases of embryo or fetus loss. But again, even if this is their intention, it is still not accurate because if miscarriages are a type of abortion (as the medical community considers them), then their definition excludes miscarriages from the set of abortions, which is inaccurate. Plus, as some pro-life people have argued, life-saving abortions are not really abortions at all; they are life-saving medical procedures. This is because they also view abortions as intentional acts (and think the medical community is wrong for considering miscarriages a type of abortion, even spontaneous ones), and since in life-saving abortions the intention is to save the mother’s life, not to kill the embryo or fetus, these life-saving procedures are not actually abortions because the intention is not to kill the fetus to end the pregnancy, it’s to save the mother’s life. However, NG earlier stated that pro-life people even think abortions can be justified sometimes to save the woman’s life if her life is threatened. NG would have to agree that there is no inconsistency here if they insist on using this definition, as life-saving abortions would not count as abortions under their definition, since life-saving abortions are not “the intentional killing of a fetus to end a pregnancy.” The intention is not to kill the fetus to end the pregnancy; it’s to remove the fetus to save the mother’s life, such as using salpingectomy to resolve an ectopic pregnancy, which avoids directly killing the embryo, although the embryo’s death is an unfortunate foreseen consequence of the procedure.

This is why I tend to define abortion as “premature termination of a pregnancy with the result of the fetus’ death.” I think this is a more accurate and informative definition than even NG give, since it covers all the bases. I also think this is what most people tend to have in mind when they actually talk about abortions, even if they’re not quite sure how to articulate it. And this way, if we have a distinction between spontaneous abortion (miscarriage), therapeutic abortion (to save the mother’s life), and elective abortion (a procedure that is not medically indicated to save her life), only elective abortions would be morally problematic. A woman obviously should not be held responsible for a miscarriage beyond her control, nor should a woman be held responsible for a life-saving abortion if her life is in immediate jeopardy. But if her life is not immediately threatened, then having an abortion for any other reason makes her culpable for the act, even if not as culpable as the abortion practitioner who performs the abortion.

In the next part of this series, I'll respond to NG's chapter on fetal consciousness and facts of fetal development, and their chapter on bad arguments, if it doesn't make the article too lengthy.

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