Having reviewed the above arguments and counter-arguments, Don Marquis
goes on (in "Why Abortion is Immoral", 1989) to offer a sharper and
more comprehensive criterion: terminating a life is morally wrong
because a person has a future filled with value and meaning, similar
to ours.
But the whole debate is unnecessary. There is no conflict between the
rights of the mother and those of her fetus because there is never a
conflict between parties to an agreement. By signing an agreement, the
mother gave up some of her rights and limited the others. This is
normal practice in contracts: they represent compromises, the
optimization (and not the maximization) of the parties' rights and
wishes. The rights of the fetus are an inseparable part of the
contract which the mother signed voluntarily and reasonably. They are
derived from the mother's behaviour. Getting willingly pregnant (or
assuming the risk of getting pregnant by not using contraceptives
reasonably) - is the behaviour which validates and ratifies a contract
between her and the fetus. Many contracts are by behaviour, rather
than by a signed piece of paper. Numerous contracts are verbal or
behavioural. These contracts, though implicit, are as binding as any
of their written, more explicit, brethren. Legally (and morally) the
situation is crystal clear: the mother signed some of her rights away
in this contract. Even if she regrets it - she cannot claim her rights
back by annulling the contract unilaterally. No contract can be
annulled this way - the consent of both parties is required. Many
times we realize that we have entered a bad contract, but there is
nothing much that we can do about it. These are the rules of the game.
Thus the two remaining questions: (a) can this specific contract
(pregnancy) be annulled and, if so (b) in which circumstances - can be
easily settled using modern contract law. Yes, a contract can be
annulled and voided if signed under duress, involuntarily, by
incompetent persons (e.g., the insane), or if one of the parties made
a reasonable and full scale attempt to prevent its signature, thus
expressing its clear will not to sign the contract. It is also
terminated or voided if it would be unreasonable to expect one of the
parties to see it through. Rape, contraception failure, life
threatening situations are all such cases.
Public-domain text, read in full here on John Shaqi.
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