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Week 7 reading

by: Paola Araque

Week 7 reading PHL 223

Paola Araque
GPA 3.29
Medical Ethics
Stuart Rachels

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About this Document

these notes are a summary of the readings assigned for week 7
Medical Ethics
Stuart Rachels
Class Notes
medical ethics
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This 3 page Class Notes was uploaded by Paola Araque on Sunday March 20, 2016. The Class Notes belongs to PHL 223 at University of Alabama - Tuscaloosa taught by Stuart Rachels in Summer 2015. Since its upload, it has received 31 views. For similar materials see Medical Ethics in PHIL-Philosophy at University of Alabama - Tuscaloosa.


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Date Created: 03/20/16
Test 2 Readings Chapter 7 Abortion page 291305 0000 Abortion was common in the ancient world Let there be a law that no deformed child shall live Aristotle Hippocratic Oath gt for the use of substances that induce abortion Christians usually condemn abortion 12th century the church believed that the embryo can t have a soul until several weeks after conception Thomas Aquinas I Male embryos are ensouled 40 days after conception I Female embryos are ensouled 90 days after conception I Therefore killing a fetus is not murder until after it is born but it is still a sin Quickening gt When the mother can feel the baby moving in the womb I In the early 1800s many states outlawed abortion after quickening except to save the mother s life In the old days abortion laws were the less restricted and the public didn39t make a big deal about abortion Abortion gt The ending of a pregnancy Spontaneous Abortion gtAbortion due to natural causes such as a birth defect or injury Induced Abortion gt simply abortion Therapeutic Abortion gt Performed to preserve the life or health of the mother most people believe therapeutic abortion is morally permissible Methods of Abortion I Surgical o Suction curettage vacuum aspiration afirst 12 weeks of pregnancy 90 of abortion are performed 0 Dilation and evacuation gt after 12 weeks of pregnancy Suction and forceps to extract the fetus and placenta I Pharmaceutical 0 Only possible in the first 79 weeks of pregnancy 0 Mifepristone RU486 gtthins the lining of the uterus preventing implantation of the embryo o Misoprosotol gt makes the uterus contract forcing the embryo out Legal Struggle gt Roe vs Wade Norma McCorvey sought a nontherapeutic abortion in TX TX forbade all abortions except those necessary to save the mother s life She sued TX in federal court which ruled that the law was unconstitutional TX appealed to the US Supreme Court the Court sided with the federal court Declared in Roe vs Wade that no state can ban abortions performed before viability 024 weeks Awoman can be required to give her written informed consent to abortion The government is not obliged to use taxpayer money to fund abortions Parental consent or ajudge s authorization can be demanded of minors who seek abortions A state can forbid abortion except to save a woman s life Awoman who consents to an abortion can be required to wait 24 hours before the procedure is performed State can mandate that a woman be given abortion info Abortion can be restricted as long as there is no Undue burden gt quothas the effect of placing an obstacle in the path of a woman seeking an abortion of a nonviable fetusquot Persons and Rights 0 Conservative view gt abortion is never morally acceptable except possibly to preserve the mother s life 0 Liberal view gt abortion is acceptable whenever the woman wants it The unborn is not a human being in the full sense 0 Moderate stance gt some but not all abortions may be morally justified Conservative Argument 0 The killing of an innocent human person is wrong 0 The unborn is an innocent person from the moment of conception 0 Therefore it is wrong to kill the unborn abortion is immoral Liberal Argument 0 Unborn is not a person not a full human being 0 Therefore it does not have a right to life 0 Believes that a creature with human DNA is not sufficient for personhood Mary Anne Warren 0 Straits that define personhood I Consciousness and the capacity to feel pain Reasoning Self motivated activity Capacity to communicate Presence of self concepts and self awareness I To be a person one only has to pertain at least one of these traits Judith Jarvis Thomspon o Unborn is a person from the moment of conception abortion may still be morally jus ed Unborn s right to life is not absolute Abortion therefore is justified when the fetus takes up residence without the woman s consent as when pregnancy is due to rape or failed contraception Abortions for minor disabilities gt babies with club feet aborted cleft lips or palates Sex selection abortions Abortions and prenatal testing Roe v Wade page 380385 Ruling gt no state can ban abortions performed before viability 24 weeks 3 reasons to explain the enactment of criminal abortion laws and to justify their continued existence 0 O 0 Reason 1 I Laws were a product of a Victorian social concern to discourage illicit sexualconduct I Argument not taken seriously in TX I Texas law fails to distinguish between married and unwed mothers Reason 2 I Abortion as a medical procedure I Procedure was thought to be hazardous to the woman which was true prior to the development of antiseptics I The state retains an interest in protecting the woman s own health and safety when an abortion is proposed at a late stage of pregnancy Reason 3 I State s interest in protecting prenatal life Right of privacy gt personal liberty and restrictions in the 14th amendment Rights to the people gt 9th amendment Person in the 14th amendment does not include the unborn 0 Pregnant woman cannot be isolated in her privacy Em bryo gtfetus Astate can decide that at some point in time the health of the mother or that of potential human life becomes significantly involved Texas gt life begins at conception and is present throughout pregnancy 0 Banning abortion in TX that does not involve saving the life of the mother violates the due process clause of the 14th amendment For the stage prior to the end of the first trimester the abortion decision must be left to the medical judgment of the pregnant woman s physician For the stage after the end of the first trimester the state may if it chooses to regulate the abortion procedure in ways that are reasonable related to maternal hea h


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