Philosopher Bill Vallicella over at his blog Maverick Philosopher considers a brief but important argument:
(a) Abortion is murder.
(b) Abortion ought to be illegal.
The question: Can one consistently hold (a) and not (b)? Suppose an added proposition:
(a) Abortion is murder.
(b) Abortion ought to be illegal.
(c) Murder is illegal.
I posted this argument on my personal Facebook page which wrought the response of one of my old friends from the Tumblr blogosphere, R. N. Carmona. Carmona is a philosophic tour de force, one of whom I’m familiar with conversing and debating since I was 17 in 2013 (now I’m 24).
There was a lot of heated exchanges between me and Carmona. After learning of his upcoming book, Ending the Abortion Debate, I knew that this issue was something he was well-versed in and felt passionate about. The following exchange doesn’t do full justice to Carmona’s overall position, but the highlights I’m sure are as he would see fit. Enjoy!
R. N. Carmona: (a) is unsound, hence making the whole argument unsound. Aborting an embryo or non-viable fetus simply is NOT murder. Most abortions happen before week 16, with a majority of them happening before week 9. At no point in those times does a fetus resemble an infant and more importantly, the hallmarks of a person aren’t present yet. That happens at around week 22, hence the hard cut off in most states at 20 weeks. Specifically, EEG waves register in the neocortex at around week 22 and the neocortex isn’t full developed till around week 36. I’d argue that it’s murder after week 22.
The only time I make exceptions after that many weeks is if there’s a threat on the mother’s life, but if the choice is between the quality of life of a mom and her family and a nine week old fetus, it’s an easy choice. Keeping abortion legal prior to week 20 reduces maternal mortality, which, if you’re pro-life, you should care about. Moreover, restrictive policies increase infant and maternal mortality. We’ve had lots of tries at the conservative Christian way: Northern Island, the Muslim World, the Philippines, etc. Restrictive policies do not work.
This is precisely what my next book is about. Want to end abortion? Get behind the issue. Address poverty, lack of education, lack of access to contraception, domestic violence, etc. That’s the only way to slow the rate of abortion. Restricting it won’t work and those conservative states that have passed heartbeat bills are about to find out the hard way.
Steven Dunn: There is actually a large extent in which I agree with you. I’ve read a lot of your writing on this issue and I appreciate you’ve pointed the dangerous restrictive policies that do currently exist. There is also an importance as you say in addressing poverty, lack of education, etc.
However, my initial problem began when you claimed that aborting an embryo or non-viable fetus is not murder. Even though non-viable fetuses have no chance of survival, that still does not warrant moral permissibility to end its life. I don’t see where the line of moral difference changes with an embryo, fetus, or fully grown human infant. Is it a spatial difference? Is it a temporal difference? Does the week, day, or trimester matter when ending the life of a *potential human?
Of course, we could have a metaphysically more significant conversation than the kinds of questions I’m asking you. I just think that these questions are a good starting point. Also, what is the “hallmarks of a person”?
R. N. Carmona: The hallmark of a person is quite simply, the consciousness attributed to human beings and higher order animals like dolphins and the great apes: neuroplasticity, memory acquisition, language capacity, etc. Even simpler than that, the capacity to apprehend taste, texture, sound, and so on. Even them who are mentally disabled, assuming they aren’t blind or deaf, can have these experiences. The blind and deaf, though lacking an important sense, still have propensities for memory acquisition, language, and so on.
And that’s the difference: spatio-temporal. Of space, because the potential person now occupies a uterus, taking nutrients from the would-be mother; of time because the potential person is currently not in the world, i.e. is not a citizen of a given country; is not protected by laws.
Potential simply is not enough. The fetus is potentially stillborn or potentially going to die of SIDs or will potentially be an ectopic pregnancy or will potentially be born to become a serial killer that will make Ted Bundy blush. You can’t speak of potential as though it’s solely and predictably positive; potential can be very negative. In fact, this child can be the reason the mother dies and leaves behind a husband to raise several kids, including the newborn, on his own. Potential simply isn’t enough to obligate a woman to continue a pregnancy she’d rather terminate.
So yes, the week matters because so long as a fetus isn’t viable, abortion should be permissible. The moral difference changes once the fetus is viable. Potentiality simply isn’t a good argument. Viability is a much stronger argument.
Furthermore, the moral difference changes when purposeful modification comes into play. Sure, an infant doesn’t have that capacity: it doesn’t, for example, set goals for itself. However, the parents, once they are told that the fetus is developing well, start to purposely modify on the fetus’ behalf: they start thinking of a name, buying clothing, setting up its room, putting money in its college fund, etc.
No parent, even if they’re a Christian conservative, begins to purposely modify at conception or even in the early weeks. It’s simply not enough to go on and tells you that, behaviorally speaking, most parents write off potential. Potential isn’t enough for anyone to go on and that’s why most people need something concrete before they begin to purposely modify on their baby’s behalf.
So yes, there’s a simple line to draw between a non-viable fetus and a viable one. I can speak of organismality as well, namely comparing and contrasting between organisms to come to a good conclusion regarding what a non-viable fetus most closely resembles, and it’s clear that they don’t resemble a newborn. There are marked differences, but I digress.
Steven Dunn: I would clarify that you are *technically correct in saying that potentiality is not enough. A potential X of course is not an X. Because I am a potential speaker of the French language doesn’t mean I can speak the French language. However, potentialities are still nonetheless grounded in being: they are realities not merely possibilities.
They are actual human beings with various potentials.
Though they are not realized among differing spatial and temporal locations/positions, I don’t think you’ve provided a meaningful account of persons. Human persons, as I see it, are instances of personalized being; persons possess phenomenological qualities that make them eligible for relationships – or interpersonal love. I think our definitions of persons should capture something specific (and simple), rather than be a construct of various qualifiers (neuroplasticity, apprehension of the senses, etc).
One biological example worth mentioning that I think you’ll appreciate is the cognitive capacity of bonobos – which is one of my favorite areas of primatology to examine their analogous behavior with humans. They’re sympathetic, they can experience pain, they are highly intelligent, they can have an extensive non-verbal vocabulary, etc.
Despite these striking qualities, they do not fit under the definition of persons I’ve provided above.
What does it mean to be a real person? A couple things: (i) what W. Norris Clark has called the “participation structure of the universe”; rational-intelligibility that allows for human persons and the universe to find meaningful relations/predictions; (ii) existence as a dynamic act of presence and (iii) action as a [self] manifestation of inner-being.
I think your definition of persons is merely conditional; it’s dynamic but not exhaustive. Human beings – that is, if a personalized being possesses such potentialities – are intrinsically valuable; there can be no moral difference among this being’s spatial or temporal location.
In summary. . . I think you are raising issues that aren’t typically addressed by conservatives. It’s important that we better handle areas of women’s reproductive healthcare, which can be dealt with through better and intentional education, personal conviction, etc. However, I think we need to agree that the moral question is not somehow addressed because we’ve raised current social or political problems surrounding abortion. There are consequences and symptoms that need to be taken care of, by all means. However, if structurally we are dealing with the intentional ending of a human life then we need to talk about it.
R. N. Carmona: I disagree there. What I hear is Aristotelian language here and I reject his metaphysics all the way through. Potentialities are not realities grounded in being. I think even Aristotle makes a distinction between potentiality and actuality, and as I recall, he doesn’t conflate them in this manner.
Persons do, however, possess phenomenological qualities, like phenomenal consciousness, but that isn’t what makes them eligible for relationships and interpersonal love. What’s needed there is simple empathy and bonobos and chimps, in general, are capable of that; that’s one reason why some advanced nations recognize them as persons. So rather than a construct of qualifiers, it’s more a recognition of qualifiers taken together to get a basic definition of person.
The base anthropocentrism of theists doesn’t allow them to accept that other higher order animals are persons, and that’s what you’re doing here. Dolphins call each other by name and remember individuals for decades. Elephants can also remember individuals after years of not seeing them. So while there’s certainly a distinction between a human person and a dolphin person, there is overlap that qualifies them both and that overlap is found in the sciences. The issue here is that your definition relies less on science and more so on an implied belief in the soul or on metaphysics rather than science.
I agree with (I) as it’s pretty much purposeful modification paraphrased. (II) relies heavily on Aristotelian metaphysics and I reject it outright. (III) stems from two, but alludes to libertarian action of will, which I don’t think anyone has. There’s no [self] without the [other] and other is much more crucial in action, especially willful. I think human persons can change course, but only after realizing enough deterministic conditions underlying their actions, thus empowering them to experience determinants that may lead to an overall change of course.
Think of the proverbial alcoholic; he doesn’t willfully change his bad habit, but what he does is “change” a given number of determinants so that his actions may change and out of a recognition that if he doesn’t make these changes, he is pretty much enabled: a) stops associating with friends who drink regularly b) doesn’t go to bars when invited c) goes to rehab. And so on and so on and so on.
Action itself isn’t in a vacuum, but dynamic and intertwined with the flux of all there is. So human potential takes course in a deterministic manner and any human looking to have any semblance of control over that will reposition herself with respect to determinants. A fetus is incapable of this sort of purposeful modification, which I think is the most actualized of all.
So my definition, while not alluding to souls or anything religious, is also sufficient because it recognizes the role of the other in the shaping of the self. The embryo and non-viable fetus do not interact with the other in the manner in which persons do and it is simply potentiality and not actuality, to use your language. What is commonly aborted is (what can be) rather than (what is), so that spatio-temporal difference lays the groundwork for a moral difference and the moral difference lies in purposeful modification which I think your (I) paraphrases.
Any metaphysic that doesn’t account for the other, even something as arbitrary as a chair, isn’t complete. Hegel understood this and is the forefather, I think, of modern metaphysics, starting in the phenomenologists that soon followed him. Hurssel relied a lot on Aristotle too and I’m not alone in seeing that he was mistaken for doing so, but again, I digress
Steven Dunn: I would respond to your outlook on Aristotelian personalism as not fully appreciating what the system has to offer. In our personal conversations on abortion I have mentioned to you that yes, personalism and the potentiality principle has largely been carried and grounded in Catholic moral theology. I understand, therefore, we both don’t share views in the inspiration of Christian theology.
Hence, we need to find anthropological and philosophical commonalities in which we can meaningfully proceed in a discourse about human persons and what exactly is developing in the womb. The best system that does this, in my view, is Aristotle’s conception of being from his Metaphysics and the further extension from Thomas Aquinas’ doctrine of persons (with some modifications).
Aquinas argued that persons are that which is “perfected in all of nature.” This essentially means that persons are not merely special “modes” of being amongst others, but that personhood is being when it is allowed to be at its fullest. In other words, persons are not restricted by sub-intelligent matter. There are a number of reasons why persons – humans – possess the special status that they do, and while I think there are theological reasons for this I think I can still demonstrate that apart from any inspired or “revealed” source.
First, Aquinas’ notion of person was conscious of the distinction between person and nature, because providing a consistent account of personhood meant that a consideration of God as Triune (one divine nature amongst three persons) and Christ as the God-man (divine person possessing two natures) needed to be contextually consistent.
Therefore, it has been an accusation by some leading Catholic philosophers (Wojtyla, Ratzinger, Clarke, etc) that Aquinas falls short of a comprehensive philosophical definition of person because the medievals relied primarily on the Boethian definition of person: “An individual substance of a rational nature.” Hence, I would argue for a further inclusion of the concept of “relation,” which is fundamental to our understanding of what it means “to be.”
Aquinas moved away from the what has been called “self-diffusiveness” of the Good as seen by the NeoPlatonists (the collaboration of the Good with all “substances”) and instead moves to Supreme Being, where Existence (esse) – as I said before – now becomes the root of all perfection. Supreme Being is the subsistent Act of Existence, where now the self-diffusive Good now becomes self-communicative Love.
Hence we have three primary qualities for the relationability of persons: being is (1) self-communicative (showing that persons are intelligible [ratio] by their actuality); (2) being is self-manifesting (persons are immediately relatable to other beings); and (3) being is intrinsically active (persons are not merely present but actively present).
Suppose a being for example that existed in reality but didn’t or couldn’t manifest itself to other beings, or if it didn’t or couldn’t act in any way. If this kind of being lacked such properties then other beings couldn’t have knowledge of its existence; it would be almost as if it had no being at all. Now imagine if all beings existed in this sort of way; the universe itself wouldn’t be connected in the unified sense that philosophers and scientists typically speak of the rationality of the universe.
Now combine this with the potentiality principle. According to Current Anthropology (2013), potentiality is a principle not so foreign to them: potentiality “denotes a hidden force determined to manifest itself – something that with or without intervention has its future built into it” .
Let me be clear that potentiality is the only relevant metaphysical principle worth considering for abortion. My position, to be clear, is not:
- X is a creature of a certain sort.
- Creatures of this sort have right R.
- Therefore, X has a right R.
Premise 2 of course begs the question in favor of what I want to prove. In summary, my position is that the full and perfect realization of being is always inherent in its nature. All living things, including mindless plants, dolphins and gorillas have a proper end or “good” which is naturally directed within their nature – even from a formless or potential state. Nothing can exist without potentials, and potentials can not be realized apart from something actual.
Now the metaphysical picture I’ve provided is not mere conjecture but is what historically has served as the foundation of Western intelligentsia for over 1,500 years, until the advent of the modern model by Descartes and Newton. And I would argue that that move away from the model of classical metaphysics has been one of the greatest errors and blunders of Western thought. It was an illegitimate move because it’s not as if new physical discoveries were made, hence “outdating” the Aristotelian system.
Descartes, among other French intellectuals at his time were responsible for the shift away from potential/actual, the four causes, and his metaphysic of being. Bad move.
The featured image to this article was taken from https://www.ngv.vic.gov.au/explore/collection/work/4291/
The featured image to this article is Rembrandt’s Two Old Men Disputing (1628).
-  Taussig, Karen-Sue, Klaus Hoeyer, and Stefan Helmreich: “The Anthropology of Potentiality in Biomedicine: An Introduction to Supplement. Current Anthropology (vol. 54). 2013.