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PHLB09H3 Chap.8 Abortion: Thomson and Marquis

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Chapter 8 of 11 · PHLB09H3

Abortion: Thomson and Marquis

Two papers that disagree about the key premise

Week nine sets Judith Jarvis Thomson's defence of abortion against Don Marquis's argument that abortion is immoral. Marquis assumes that the permissibility of abortion turns on the moral status of the fetus and argues that the fetus has what makes killing wrong.

Thomson grants, for the sake of argument, that the fetus is a person from conception and argues that abortion can still be permissible.

Thomson's strategy

Through the violinist case and others, Thomson argues that a right to life is not a right to be given whatever one needs, nor a right never to be killed, but a right not to be killed unjustly. No one has a right to use another person's body unless it is given.

Morality requires us to be Minimally Decent Samaritans, not Good Samaritans, so abortion is often permissible, though some abortions are indecent and the mother has no right to secure the child's death.

Marquis's strategy

Marquis argues that killing is wrong because it deprives the victim of a future of value, a future like ours. A standard fetus has such a future, so abortion is presumptively seriously wrong.

He rejects rival desire and discontinuation accounts and answers the contraception objection by asking who the victim would be.

In this chapter

What this chapter covers

  • 01

    The Violinist Case

  • 02

    Right Not to Be Killed Unjustly

  • 03

    Minimally Decent Samaritan

  • 04

    Future Like Ours

  • 05

    Desire and Discontinuation Accounts

  • 06

    Contraception Objection

Worked example · free

Apply both authors to a single case

Q [6 marks]. AskSia-authored practice. A woman becomes pregnant after contraception fails and seeks an abortion early in pregnancy. Explain what Thomson's argument implies, what Marquis's argument implies, and the point at which their reasoning diverges. The marks shown are an AskSia study allocation, not an official University marking scheme.
Thomson tests three readings of the right to life: the Henry Fonda case refutes a right to whatever one needs, unplugging the violinist refutes a right never toThomson tests three readings of the right to life: the Henry Fonda case refutes a right to whatever one needs, unplugging the violinist refutes a right never to be killed, and she keeps only a right not to be killed unjustly.Right to life means…Right to whatyou need to liveRight neverto be killedRight not to bekilled unjustlyrefuted by Fondarefuted by unpluggingThomson keeps this
Thomson tests three readings of the right to life: the Henry Fonda case refutes a right to whatever one needs, unplugging the violinist refutes a right never to be killed, and she keeps only a right not to be killed unjustly.
  • 2Apply Thomson, including her burglar or people-seeds reasoning.
  • 2Apply Marquis, including the strength of his presumption.
  • 2Identify the premise on which the two analyses divide.
Thomson would argue that taking reasonable precautions does not give the fetus a right to use the woman's body, just as a person-plant that takes root despite fine mesh screens has no right to stay in the house. She admits some cases of voluntary intercourse are harder and leaves them open, but contraceptive failure is close to her people-seeds case. Marquis would say the fetus has a future like ours, so ending the pregnancy is presumptively as seriously wrong as killing an adult, unless an equally weighty reason exists. They divide over whether the fetus's status settles the question: Marquis assumes it does, while Thomson argues that even a person has no right to another's body.
Sia tip — Start every abortion answer by saying whether the author relies on fetal status or on bodily rights; most confusion comes from mixing the two.
Glossary

Key terms

Good Samaritan
A Good Samaritan, in Thomson's usage, is someone who goes out of their way at real cost to help a person in need.
Desire Account
The desire account holds that killing is wrong because it frustrates the victim's desire to go on living, a view Marquis rejects.
Discontinuation Account
The discontinuation account holds that killing is wrong because it ends the valuable experiences a victim is currently having.
Special Responsibility
Special responsibility, for Thomson, is a duty to a child that a parent acquires by assuming it, explicitly or implicitly.
Unjust Killing
Unjust killing is killing that deprives the victim of something they have a right to, which Thomson says an opponent of abortion must establish.
FAQ

Abortion: Thomson and Marquis FAQ

What does the violinist case show?

It shows that the standard argument against abortion is faulty. In the case, every premise of that argument applies: the violinist is a person with a right to life, and you have rights over your body. Yet it seems outrageous to say you may never unplug him. So a right to life does not by itself give anyone a right to use another person's body.

Does Thomson think abortion is always permissible?

No. She argues it is often permissible, for example after rape or when continuing would require large sacrifices, but that some abortions are indecent, such as a late abortion to avoid postponing a trip. She also says the mother may detach the fetus but has no right to secure its death if it could survive. She presents these graded verdicts as a strength of her view.

How does Marquis answer the contraception objection?

He grants that contraception prevents a possible future of value but denies it harms anyone. Before conception there is only the sperm, the ovum, both separately or some possible combination, and none of these is a non-arbitrary subject deprived of a future. He adds that there is no duty to maximise the number of valuable futures that come to exist.

Is Marquis's argument a potentiality argument?

Marquis says it is not. He denies reasoning from the wrongness of killing persons to the wrongness of killing potential persons. His central claim is that the fetus actually has a valuable future that killing takes away. Critics reply that this future is doing the same work as potentiality, and this is a common follow-up topic in discussion.

Study strategy

Exam move

Write each author's argument as numbered premises on one card each. On the back, list three cases the author uses and what each is meant to show. Practise a two-sentence statement of where the papers divide: fetal status versus bodily rights.

Then rehearse answers to the main problems for each view, such as voluntary intercourse for Thomson and contraception for Marquis, and finish by explaining aloud how each might respond to the other.

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