Beyond Roe: Why Abortion Should be Legal--Even if the Fetus is a Person
by David Boonin
ISBN 13: 978-0190904838
Book description

Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp . In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp --that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.


Recommended on 1 episode:

The Ethics of Abortion
When Justice Samuel Alito’s draft opinion on Dobbs v. Jackson Women’s Health Organization leaked a few weeks ago, it signaled that Roe v. Wade appears likely to be overturned in a matter of weeks. If Roe falls, questions about the right to abortion will re-enter the realm of electoral politics in a way they haven’t for 50 years. States will be solely in charge of determining whether abortion is permitted, under what conditions it should be permitted, and what the appropriate thresholds are for making those decisions. That means ordinary voters and their representatives will be forced to grapple with the moral — even metaphysical — quandaries at the heart of the abortion debate. What does it mean to belong to the human species, and when does that belonging begin? Is there a bright line at which an egg, a blastula, or a fetus attains the status of “person”? And how do we weigh the competing interests of mothers, families, and fetuses against one another? Those questions are the foundation on top of which abortion law and policy is built. Kate Greasley is a law professor at the University of Oxford in the U.K., where she studies, among other things, the legal and moral philosophy of abortion. She’s the author of “Arguments About Abortion: Personhood, Morality, and Law,” and co-author of “Abortion Rights: For and Against” alongside Christopher Kaczor, a philosopher who opposes abortion. While Greasley ultimately believes in the right to choose, she does a remarkably comprehensive job of carefully and fairly considering all the arguments, contradictions and nuances of this issue. We discuss why both progressives and conservatives should be open to questioning their preconceptions about abortion, what the Bible does — and doesn’t — suggest about abortion, why the status of fetal life is the central question at the heart of abortion ethics, whether life begins at conception or emerges later in fetal development, how the complex, messy moral intuitions that most of us have around questions of life and death don’t lend themselves neatly to either an abortion rights or anti-abortion camp, why late-term abortions pose particularly challenging moral questions, how the pregnant person’s bodily autonomy weighs against the fetus’s and more.
Kate Greasley May 20, 2022 3 books recommended
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by @zachbellay