Abortion and Personhood: What the Moral Dilemma Is Really About | Glenn Cohen | Big Think

Summary

The transcript delves into the complexities surrounding abortion, particularly in the context of Roe v. Wade and the moral and legal debates that followed. It examines the distinction between being 'alive,' 'human,' and 'a person,' exploring various philosophical theories on what defines personhood. The discussion includes the famous thought experiment by Judith Jarvis Thompson about bodily autonomy and the right to terminate a pregnancy. The argument also extends to stem cell research, where embryos, not being gestated, present unique ethical challenges. The transcript highlights the nuanced moral and legal questions in bioethics.

Takeaways

• ⚖️ Roe v. Wade (1970s) established a woman's right to abortion, introducing the trimester framework, with first-trimester abortions allowed and third-trimester abortions heavily restricted.
• 🛑 The decision faced immediate backlash, and the past several decades have seen attempts to criminalize abortion through various means without directly overturning the ruling.
• 🤔 A central question in abortion ethics is whether fetuses are 'persons,' which requires exploring the definition of personhood.
• 🔍 Distinguishing between 'human,' 'alive,' and 'person' is critical, as something can be alive or human without being considered a person.
• 🐕 Some theories of personhood focus on capacities, such as complex thought, future planning, or the ability to feel pain, while others emphasize continuity of identity over time.
• 🧠 The debate extends to entities like embryos, which may not yet have certain capacities but have the potential to develop them, raising the question of whether potentiality confers personhood.
• 💭 There are complex ethical questions about beings that once had personhood capacities but lost them (e.g., brain-dead individuals). Do they remain persons?
• 👩‍⚖️ Some philosophers argue that even if fetuses are persons, abortion can still be justified due to the mother's rights, as seen in Judith Jarvis Thompson's famous violinist analogy.
• 🎻 The violinist analogy suggests that, like unplugging from a famous violinist, a woman may have the right to terminate a pregnancy, even if the fetus is considered a person.
• 🧬 The ethical debate on stem cell research involves frozen embryos, with some arguing that embryos have fewer rights since they are not gestating and have lesser capacities compared to fetuses.

Q & A

What was the significance of the Roe v. Wade decision in the 1970s?

Roe v. Wade was a landmark decision in the United States that recognized a woman's right to have an abortion. It introduced the trimester framework, allowing abortions in the first trimester and making third-trimester abortions much more difficult.

How has Roe v. Wade been met over the last several decades?

Roe v. Wade was quickly met with backlash, leading to nearly 50 years of efforts to criminalize abortion through various legal methods without directly overturning the decision.

What is the difference between being alive, being human, and being a person, according to the speaker?

The speaker distinguishes between being alive, being human, and being a person. Something can be alive, like an animal, but not be a person. An entity can be human, such as an embryo, but may not yet qualify as a person, depending on certain capacities or rights attributed to personhood.

What are some common criteria used to define 'personhood'?

Personhood can be defined by various criteria, including the capacity to think complex thoughts, plan for the future, feel pain, or exhibit continuity of identity over time. Some believe personhood is tied to being a living human, while others emphasize specific capacities like consciousness or potential for future development.

What role does potentiality play in the debate about personhood and abortion?

Potentiality refers to whether an entity, like an embryo or fetus, has the potential to develop capacities associated with personhood. The debate hinges on whether this potential is enough to grant personhood status, or if actual capacities must already be present.

How does the thought experiment involving the world's most famous violinist relate to abortion?

Judith Jarvis Thompson's thought experiment compares a person connected to a violinist via a dialysis machine to a pregnant woman carrying a fetus. It argues that even if the fetus is a person, the mother may have the right to 'unplug' herself, as one might from the violinist, even if it leads to the person's death.

Why is the question of gestation important in the context of abortion?

The question of gestation is crucial because it pits the rights of the fetus against the rights of the pregnant woman. If the fetus is considered a person, abortion involves ending that person's life, but the woman's right to autonomy over her body may outweigh the fetus's rights.

How does the case of early embryos used for stem cell research differ from the abortion debate?

Early embryos used in stem cell research are not gestating inside a woman, so there is no competing right to stop gestation, as in abortion. This could make the case for prohibiting the destruction of embryos easier, but embryos may also lack many capacities associated with personhood.

What are the key metaphysical questions involved in determining if a fetus is a person?

Key metaphysical questions include defining what makes something a person, the role of potentiality versus actual capacities, and whether having had personhood in the past (as in the case of brain-dead individuals) or the potential for future personhood grants certain rights.

Why do some people argue that abortion is still justified even if a fetus is a person?

Some argue that even if a fetus is considered a person, abortion may still be justified because the pregnant woman has a stronger right to autonomy over her body, including the right to end a pregnancy, even if it results in the fetus's death.