The issue of abortion is emotionally loaded and this often makes for
poor, not thoroughly thought out arguments. The questions: "Is
abortion immoral" and "Is abortion a murder" are often confused. The
pregnancy (and the resulting fetus) are discussed in terms normally
reserved to natural catastrophes (force majeure). At times, the embryo
is compared to cancer, a thief, or an invader: after all, they are
both growths, clusters of cells. The difference, of course, is that no
one contracts cancer willingly (except, to some extent, smokers --but,
then they gamble, not contract).
When a woman engages in voluntary sex, does not use contraceptives and
gets pregnant - one can say that she signed a contract with her
fetus. A contract entails the demonstrated existence of a reasonably
(and reasonable) free will. If the fulfillment of the obligations in a
contract between individuals could be life-threatening - it is fair
and safe to assume that no rational free will was involved. No
reasonable person would sign or enter such a contract with another
person (though most people would sign such contracts with society).
Judith Jarvis Thomson argued convincingly ("A Defence of Abortion")
that pregnancies that are the result of forced sex (rape being a
special case) or which are life threatening should or could, morally,
be terminated. Using the transactional language: the contract was not
entered to willingly or reasonably and, therefore, is null and
void. Any actions which are intended to terminate it and to annul its
consequences should be legally and morally permissible.
The same goes for a contract which was entered into against the
express will of one of the parties and despite all the reasonable
measures that the unwilling party adopted to prevent it. If a mother
uses contraceptives in a manner intended to prevent pregnancy, it is
as good as saying: " I do not want to sign this contract, I am doing
my reasonable best not to sign it, if it is signed - it is contrary to
my express will". There is little legal (or moral) doubt that such a
contract should be voided.
Much more serious problems arise when we study the other party to
these implicit agreements: the embryo. To start with, it lacks
consciousness (in the sense that is needed for signing an enforceable
and valid contract). Can a contract be valid even if one of the
"signatories" lacks this sine qua non trait? In the absence of
consciousness, there is little point in talking about free will (or
rights which depend on sentience). So, is the contract not a contract
at all? Does it not reflect the intentions of the parties?
Public-domain text, read in full here on John Shaqi.
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