Marquis. Stand-off in Abortion Debate

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Marquis An Argument that Abortion is Wrong 1 Stand-off in Abortion Debate Marquis argues that a stand-off exists between the traditional sides of the abortion debate He is trying to avoid leaving the debate up to a battle of rights and he is trying to avoid defining what it means to be a person/ have moral status He thinks both the battle of rights and the issue of personhood are unsolvable He argues for a new approach that does not appeal to personhood or rights 2

Futures Like Ours (FLO) What's wrong with killing us? It would deprive us of a future of value: "An individual's future will be valuable to that individual if that individual will come, or would come, to value it." loss of future good of conscious life underlies misfortune of premature death what are the goods? "whatever we get out of life," "what makes life worth living" this model based on adults with futures of value (Warren emphasizes this point) 3 Arguments for FLO Considered Judgment argument: If one who is about to die would agree that the impending loss of FLO is a misfortune, then FLO is right. Worst of Crimes argument: Either killing is the worst of crimes or it isn't. If it is, then killing deprives one of something more valuable than what is lost in other crimes. Killing deprives one of FLO, the value of one's future life. 4

More Arguments for FLO Appeal to Cases: FLO account of the wrongness of killing is correct because it provides correct answers to certain types of cases i) Removal of life support of permanently unconscious ii) Ending FLO in euthanasia vs. suicidal iii) Wrong to kill aliens since they are arguably persons with FLO Might Warren's & Thomson's accounts provide plausible answers as well? Is Marquis' explanation more persuasive? Analogy with animals: Singer's animal suffering a misfortune just like depriving one of FLO is a misfortune. So, the FLO argument seems to apply to non-human animals just as well. 5 Objections to Marquis FLO Arguments Potentiality Interests Equality Contraception 6

Potentiality Objection 1. If Xs have the right to Y, then potential Xs have the right to Y. 2. Persons have the right to life. 3. Therefore, potential persons have the right to life Premise 1 is false e.g., potential presidents don't have right to presidency 7 Marquis Response to Potentiality Objection FLO argument is a potentiality argument but the potentiality is not one of arguing for the potential based on personhood of a fetus, according to Marquis Rather the argument is made based on the claim that a "fetus now has the potential to be in a state of a certain kind in the future." Marquis is not using the potentiality argument to bridge the gap between adults and fetuses. FLO of the adult and the fetus is same both have potential FLO. FLO based on the adult's potential to have a future of value Should a fetus potential be treated the same as an adult s? 8

Interests Objection & Response 1. If it is wrong to abort, then the fetus must have moral status. 2. Only beings who can care for their interests have moral status. 3. Fetuses cannot care for their interests. 4. Fetuses have no moral standing. 5. Thus it is not wrong to abort a fetus. Response: Marquis thinks the argument is unsound because it confuses having interests and having the ability to take an interest in one's interests. (e.g., unconscious/comatose patient) Do fetuses have the ability to take an interest in their interests? At best, they have the future ability to take an interest in their interests. 9 Equality Objection & Response 1. All lives are of equal value. 2. FLO implies that it is more wrong to kill a five-year-old than an 85-year-old, because one is deprived of more FLO than the other. 3. Thus, FLO rejects the claim that all lives are of equal value. 4. Thus, FLO is wrong. Response: FLO s implications for wrongness of killing does not imply degrees of wrongness. Even if a 5-year-old s life has more FLO than an 85-year-old, that does not mean that one ought not treat each equally. 10

Contraception Objection & Response 1. Contraception prevents a being with FLO. 2. Abstinence prevents a being with FLO. 3. Preventing a being from having FLO is wrong. 4. Thus, contraception and abstinence are wrong. Response: Having FLO marks beings with that status for whom killing is presumptively wrong. Since there's no determinate individual being, then there is nothing possessing FLO. Thus, there's no problem with contraception and abstinence. 11 Hausman's Response to Marquis Marquis: murder as sufficient condition 1. Sufficient for committing murder to deprive one of a future of value 2. Since sufficient, this leaves open the possibility that one can deprive one of a future of value without actually killing Two notions of life i. Biological life-based on body and physical functions ii. Biographical life-life defined in terms of psychological self 12

Hausman's Thought Experiments Taking out my brain but leaving my body alive is same as murder Taking out my brain but leaving my body alive does not deprive my biological being of a future of value when a new brain is implanted (a) not depriving one of FLO but removing brain is murder (b) if biological being replaced by "me", then (ii) is false and Marquis needs to define personhood--the very thing he is trying to avoid. If Hausman is right, then what matters for Marquis is the psychological/biographical self Thus, what is wrong about depriving the fetus of FLO is that it deprives the fetus of a psychological future. Does it make sense to say that a 4-cell zygote is deprived of a future psychological self when used in stem-cell research? 13 Ridley's Response to Marquis Part of what makes killing wrong is depriving one of FLO. But it is not all that makes it wrong. If there is something else that makes killing wrong and this extra property does not apply to fetuses, then killing fetuses is not as wrong as killing adults. Does the fetus stand in the same relationship to its future as an adult does? Adults make plans, fear the future, etc. Fetuses don't. Adults have psychological attitudes toward their futures and fetuses don't. 14

Ridley's Attitude Argument 1. If we have no attitudes toward our futures, then we are perfectly indifferent to our futures. 2. If we are perfectly indifferent to our futures, then what happens to us and how it affects our futures is not something we could care about--we are indifferent to harms and benefits to us. 3. Fetuses have no attitudes toward their futures. 4. Fetuses are perfectly indifferent to their futures and harms or benefits to their futures-how their futures are affected--is not something they could care about. 5. If you kill a being that is perfectly indifferent, then you do not wrong that being in any way it cares about. 6. Killing a fetus does not wrong it in ways that it cares about. 15 Killing Adults Different than Killing Fetuses What's wrong with killing adults is different than what's wrong with killing fetuses 1. Suppose we kill two beings: one perfectly indifferent to its future and one not: a) both killings wrong (assuming FLO is correct) b) but, the killing of one who is not indifferent is more wrong because it deprives them of their autonomy 2. So, there is something about killing adults that makes it more wrong than simply depriving it of FLO--that is, disrespect for autonomy 3. This criticism undermines Marquis' account. If autonomy is important and autonomy results only from being moral agents (persons), then what's wrong about killing adults is that they are persons. 16