The answer is in the negative. The contract between a mother and her
fetus is derived from the larger Social Contract. Society - through
its apparatuses - stands for the embryo the same way that it
represents minors, the mentally retarded, and the insane. Society
steps in - and has the recognized right and moral obligation to do so
- whenever the powers of the parties to a contract (implicit or
explicit) are not balanced. It protects small citizens from big
monopolies, the physically weak from the thug, the tiny opposition
from the mighty administration, the barely surviving radio station
from the claws of the devouring state mechanism. It also has the right
and obligation to intervene, intercede and represent the unconscious:
this is why euthanasia is absolutely forbidden without the consent of
the dying person. There is not much difference between the embryo and
the comatose.
A typical contract states the rights of the parties. It assumes the
existence of parties which are "moral personhoods" or "morally
significant persons" - in other words, persons who are holders of
rights and can demand from us to respect these rights. Contracts
explicitly elaborate some of these rights and leaves others
unmentioned because of the presumed existence of the Social
Contract. The typical contract assumes that there is a social contract
which applies to the parties to the contract and which is universally
known and, therefore, implicitly incorporated in every contract. Thus,
an explicit contract can deal with the property rights of a certain
person, while neglecting to mention that person's rights to life, to
free speech, to the enjoyment the fruits of his lawful property and,
in general to a happy life.
There is little debate that the Mother is a morally significant person
and that she is a rights-holder. All born humans are and, more so, all
adults above a certain age. But what about the unborn fetus?
One approach is that the embryo has no rights until certain conditions
are met and only upon their fulfillment is he transformed into a
morally significant person ("moral agent"). Opinions differ as to what
are the conditions. Rationality, or a morally meaningful and valued
life are some of the oft cited criteria. The fallaciousness of this
argument is easy to demonstrate: children are irrational - is this a
licence to commit infanticide?
A second approach says that a person has the right to life because it
desires it.
But then what about chronic depressives who wish to die - do we have
the right to terminate their miserable lives? The good part of life
(and, therefore, the differential and meaningful test) is in the
experience itself - not in the desire to experience.
Another variant says that a person has the right to life because once
his life is terminated - his experiences cease. So, how should we
judge the right to life of someone who constantly endures bad
experiences (and, as a result, harbors a death wish)? Should he better
be "terminated"?
Public-domain text, read in full here on John Shaqi.
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