PHL 304, Week 3 Notes
PHL 304, Week 3 Notes PHL 304
Popular in Contemporary Moral Problems
Popular in Philosophy (introduction to bioethics)
This 2 page Class Notes was uploaded by Zeba Khetani on Wednesday September 28, 2016. The Class Notes belongs to PHL 304 at University of Texas at Austin taught by Dr. Charles Krecz in Fall 2016. Since its upload, it has received 3 views. For similar materials see Contemporary Moral Problems in Philosophy (introduction to bioethics) at University of Texas at Austin.
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Date Created: 09/28/16
09-14-16 PHL 304 Lee and George 1. The fetus is a person. The evidence provided is biological. The fetus is “whole” a. Krecz doesn’t believe fetus is a WHOLE person 2. Therefore, all abortion is wrong except for life saving abortion 3. Attack on Mary Anne Warren 4. Attack on JJ Thompson 5. Problems Krecz has with Lee and George a. Warren’s “dualism” is correct i. MA Warren doesn’t say person and human are two different people. She’s just saying there are two different deﬁnitions b. Attack on JJ Thompson, completely misunderstands Thomson’s position i. JJ says an abortion is a choice but it is morally permissible if you take birth control ii. JJ says that right to life = right to vote, but that changes depending on the situation, location, etc. iii. They think that JJ thinks that ALL abortion is okay, BUT she says that it is only okay if birth control was a factor before pregnancy c. Counter example: 14-year-old rape & incest victim i. They don’t include these extreme situations in their argument, making it weak d. Absurdity regarding the law and legal rights of women Margaret Little 1. Central theme: Even if the fetus is not a person, it does not follow that abortion is empty of moral import. 2. There is something about motherhood that deserves our respect/ 3. Burgeoning human life is respect worthy—not respect for persons but respect for creation 4. However, it does not follow that all abortion in wrong. It depends on who the woman is, her life, personality, the situation 5. We may conclude from the above that she is denying that there is a rule regarding this problem 6. Problems a. Vague and does not go into depth on the view Roe v Wade 1. Background a. Texas Penal Code: abortion, except to save the woman’s life, was a crime w/ 2-5 years’punishment 2. Blackmun’s preliminary analysis a. Take abortion out of the written law b. Abortion was unsafe i. But pregnancy is riskier than abortion now c. Fetus is not a legal person- 14th amendment i. Fetus does not have rights, but the state has an INTEREST in the fetus 3. The right to privacy and Griswold v Connecticut a. Right to be left alone by the government and state b. Not absolute a. Right to be left alone by the government and state b. Not absolute c. Privacy is central in Roe v Wade but not Penn v Casey d. Privacy derived from 1st, 4th, 9th, and 14th amendments e. Women should have the right to make their own decisions, but what about state’s interest in fetus 4. Blackmun’s tripartite decision a. 1st trimester- complete privacy: decision is between you and your physician b. 2nd trimester- semi privacy: decision of the woman, but there may be regulations made by the state to protect the woman’s health c. 3rd trimester/viable fetus- state may outlaw abortion except to save a woman’s life 5. White’s dissent a. Does White want to create a new right for fetuses? th i. The constitution applies to the woman’s decision (9 amendment) b. Abortion on demand i. Some states do not have any abortionists 2
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