Infanticide, moral status and moral reasons: the importance of context. 2013

Leslie Francis, and Anita Silvers
University of Utah, S.J. Quinney College of Law, 332 S. 1400 E., Room 101, Salt Lake City, UT 84112, USA. francisl@law.utah.edu

Giubilini and Minerva ask why birth should be a critical dividing line between acceptable and unacceptable reasons for terminating existence. Their argument is that birth does not change moral status in the sense that is relevant: the ability to be harmed by interruption of one's aims. Rather than question the plausibility of their position or the argument they give, we ask instead about the importance to scholarship or policy of publishing the article: does it to any extent make a novel or needed addition to the literature? Giubilini and Minerva's argument is remarkably similar to one advanced by Michael Tooley in 'Abortion and Infanticide,' almost 40 years ago. There have been immense changes in the intervening 40 years: in the ability to diagnose conditions early in pregnancy, in genetics and in the availability of in vitro fertilization; in understanding of the capabilities of persons with disabilities; in law; in economic support and access to healthcare for pregnant women and their children; in social customs and arrangements; and even in philosophy, with developments in feminist thought, bioethics and cognitive science. Some of these changes have been for the better, but others, such as the unravelling of social safety nets, have arguably been for the worse. Any or all of these changes might give rise to moral reasons for the relevance of birth that were not available 40 years ago. These changes might also be relevant to the identification of cases, if any, in which 'after-birth abortion' might be considered. If context is relevant to the applicability of moral reasons-as for theorists of justice in the non-idealised world it surely should be-it is questionable whether a view of the birth-line that ignores contextualising change can be adequate.

UI MeSH Term Description Entries
D007237 Infanticide The killing of infants at birth or soon after. Neonaticide,Infanticides,Neonaticides
D005328 Fetal Viability The potential of the FETUS to survive outside the UTERUS after birth, natural or induced. Fetal viability depends largely on the FETAL ORGAN MATURITY, and environmental conditions. Viability, Fetal
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D000028 Abortion, Induced Intentional removal of a fetus from the uterus by any of a number of techniques. (POPLINE, 1978) Embryotomy,Abortion (Induced),Abortion Failure,Abortion History,Abortion Rate,Abortion Technics,Abortion Techniques,Abortion, Drug-Induced,Abortion, Rivanol,Abortion, Saline-Solution,Abortion, Soap-Solution,Anti-Abortion Groups,Fertility Control, Postconception,Induced Abortion,Previous Abortion,Abortion Failures,Abortion Histories,Abortion Rates,Abortion Technic,Abortion Technique,Abortion, Drug Induced,Abortion, Previous,Abortion, Saline Solution,Abortion, Soap Solution,Abortions (Induced),Abortions, Drug-Induced,Abortions, Induced,Abortions, Previous,Abortions, Rivanol,Abortions, Saline-Solution,Abortions, Soap-Solution,Anti Abortion Groups,Anti-Abortion Group,Drug-Induced Abortion,Drug-Induced Abortions,Embryotomies,Failure, Abortion,Failures, Abortion,Group, Anti-Abortion,Groups, Anti-Abortion,Histories, Abortion,History, Abortion,Induced Abortions,Postconception Fertility Control,Previous Abortions,Rate, Abortion,Rates, Abortion,Rivanol Abortion,Rivanol Abortions,Saline-Solution Abortion,Saline-Solution Abortions,Soap-Solution Abortion,Soap-Solution Abortions,Technic, Abortion,Technics, Abortion,Technique, Abortion,Techniques, Abortion
D000300 Adoption Voluntary acceptance of a child of other parents to be as one's own child, usually with legal confirmation. Adoptions
D026712 Value of Life The intrinsic moral worth ascribed to a living being. (Bioethics Thesaurus) Economic Value of Life,Life Valuation, Economic,Economic Life Valuation,Economic Value, Life,Economic Values, Life,Life Economic Value,Life Economic Values,Respect for Life,Right to Life,Sanctity of Life,Valuation, Economic Life,Economic Life Valuations,Life Sanctities,Life Sanctity,Life Valuations, Economic,Life, Respect for,Life, Right to,Valuations, Economic Life
D028681 Moral Obligations Duties that are based in ETHICS, rather than in law. Moral Duties,Duties, Moral,Duty, Moral,Moral Duty,Moral Obligation,Obligation, Moral,Obligations, Moral
D028723 Personhood The state or condition of being a human individual accorded moral and/or legal rights. Criteria to be used to determine this status are subject to debate, and range from the requirement of simply being a human organism to such requirements as that the individual be self-aware and capable of rational thought and moral agency.
D033421 Beginning of Human Life The point at which religious ensoulment or PERSONHOOD is considered to begin. Beginning of Life,Ensoulment,Ensoulments,Human Life Beginning,Life Beginning, Human

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