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Abortion Hard Cases and Self Defence: Presentation

January 14th, 2021 by Matt

This is the paper I presented to the Bioethics section of the  Evangelical Theological Society, annual meeting. In November last year.

Abstract:Op ponents of abortion often agonise over two difficult cases. (a) Cases where the pregnancy originates in rape and (b) cases the pregnancy or threatens the life of the mother. This paper will explore one attempt to deal with such cases; that proposed by Alan Donagan. According to Donagan, abortion is usually the unlawful killing of an innocent human being. However, when the pregnancy is either the result of rape or threatens the mother’s life, the fetus is a material aggressor and can be lawfully killed in self-defence.

My argument will proceed in three stages. Part I explains and defends Donagan’s critique of Judith Jarvis Thomson’s famous ‘violinist argument’ for abortion rights. Part II looks at an implication of Donagan’s critique: when pregnancy threatens the mother’s life or originates in rape, abortion is justified as a form of self-defence. I defend this implication against three objections. (i) The innocence of the fetus (ii) the passivity of the fetus (iii) the problem of proportionality. In part III, I argue that Donagan’s approach has advantages over rival approaches to these questions such as the “lesser evils” approach  suggested by Beckwith and appeals to the doctrine of double effect. 

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