Abortion - A Philosophical Perspective: Opsomming
Abortion - A Philosophical Perspective: Opsomming
Abortion - A Philosophical Perspective: Opsomming
Abstract Opsomming
The central issue in the abortion debate is the moral Die kemsaak in die aborsiedebat is die morele status van
status of the conceptus. There are two positions that die gekonsepteerde. Daar is twee standpunte wat hierdie
argue this issue. At one extreme are the views of the onderw erp beredeneer. Aan die een uiterste is die
pro-life group which argues that human life begins at standpunte van die pro-lewe groepe wat redeneer dat
the moment of conception whilst at the other are views menslike lewe ’n aanvang neem met die oomblik van
of the pro-choice group that argues in favour of a wom bevrugting (konsepsie) terwyl die pro-keuse groep ten
an’s right to self-determination. Two basic principles gunste van ’n vrou se reg tot selfbeskikking argumenteer.
come into conflict in this debate, namely the Value of Twee basiese beginsels kom in konflik in hierdie debat,
Life and that of Self-determination. In this paper the naamlik die Waarde van Lewe en dié van Selfbeskikking.
arguments forwarded by each group in justification of In hierdie artikel word die standpunte van elkeen van die
its position are presented. Also discussed is the mod groepe weergegee. Die gematigde ontwikkeling-standpunt
erate developmental viewpoint which accepts that the wat aanvaar dat die genetiese basis van ’n individu bepaal
genetic basis of an individual is established at concep word by konsepsie word ook weergegee. ’n Mate van
tion. Some development, however, has to occur before ontw ikkeling m oet eg ter p laasv in d voord at die
the conceptus can be called a person. The fact that an gekonsepteerde as ’n persoon beskou kan word. Aan die
entity is a potential person is a prima facie reason for ander kant, hoef ons egter nie tot die gevolgtrekking te
not destroying it. On the other hand, we need not con kom dat ’n persoon ’n reg op lewe het as gevolg van daardie
clude that a person has a right to life by virtue of that potensiaal nie. Ons moet terselfdertyd erken dat die reg
potentiality. Simultaneously we should recognise that wat ’n potensiële entiteit het, uitgewis kan word deur die
the right a potential entity has, may be nullified by the vrou se reg tot selfbeskikking.
woman’s right to self-determination.
Introduction Abortion
Abortion has become one of the most debated and emo Abortion is the expulsion of the products of conception from
tional issues facing South Africa. The language that is the uterus. It can either be spontaneous or induced. Accord
used in the debate and the seemingly irreconcilable val ing to Davis and Aroskar (1983:114) spontaneous abortion
ues are deeply felt to the extent that it can well test the occurs as a result of a variety of endogenous and exogenous
foundation of our new democracy. causes, excluding intentional human interference, whereas
There are two types of abortion namely, spontaneous and induced abortion occurs as a result of intentional interference
induced abortion. The discussion in this paper will focus to deliberately terminate pregnancy.
on induced abortion.
The main focus of this paper is to determine the morality
or immorality of abortion. This will be done by concen Biological Background
trating on the fundamental philosophical questions that
All humans develop from a zygote which is formed when a
lie at the core of the abortion issue: Is a foetus a person?
human sperm fertilises a human ovum. The zygote under
If so when does it become a person? Also of importance
goes a process of cellular multiplication as it slowly moves
is the differentiation between potential and actual human
through the fallopian tube to be implanted in the uterine wall.
life. There are two groups that attempt to answer these
The zygote is called a conceptus during the process of fertili
questions. The pro-life group argues against abortion while
sation. This process takes place between seven (7) to nine (9)
the pro-choice group argues for abortion. According to
days.
the pro-life group human life begins from the moment of
conception and abortion is murder of defenceless human
The embryonic stage begins on the third week after fertilisa
beings. The pro-choice group, on the other hand, argues
tion and continues until the eighth week of pregnancy. By
in favour of the woman’s right to self-determination.
the end of the eighth week, the embryo is called a foetus be
Abortion can therefore not be murder. The moderate view
cause it has sufficiently developed and begins to look human.
point which accepts that human life in potentiality exist
At this stage, brain waves can be monitored. Quickening
in various stages of development throughout pregnancy
which occurs by about the eighteenth week is another mile
will also be discussed.
stone in the developing pregnancy.
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By the end of the twenty fourth week, the foetus is said to be that human life begins during quickening (Davis and Aroskar
viable because its organ systems have developed to such an 1983:118; Grassian 1992:246-247).
extent that it is capable of surviving on its own outside the The Legal Background
uterus.
Before the inception of democracy in South Africa, the legal
position as encapsulated in Abortion and Sterilisation Act
The biological data, however, do not make it easy to deter
No 2 of 1975 prohibited women to have abortions. However,
mine when life really begins. They do not help answering
the climate of human rights in the new political dispensation
questions such as: What is a person? Does a foetus have a
changed all this. In 1996, the Abortion and Sterilisation Act
right not to be bom because of severe abnormalities? There
No 2 of 1975 was repealed and the Choice on Termination of
are no easy answers to these fundamental philosophical ques
Pregnancy Act No 92 of 1996 was promulgated. The Act
tions (Grassian 1992:244-245).
recognises the rights of women to make decisions concerning
reproduction and control over their bodies. It also recognises
the right of women to have access to reproductive health care
Historical and Religious including family planning, contraception and termination of
pregnancy. The Act also recognises that the state has the
Background
responsibility to provide safe conditions which will enable
Grassian (1992:246) states that in ancient Greece and in Rome
women to exercise the right of choice without fear or harm.
people resorted to abortion without any scruple. Deformed
The Act therefore extends to women freedom of choice and it
babies or unwanted female babies were often left to die. Ar
also allows every woman the right to have an early and legal
istotle believed that the characteristic that made a physical
termination of pregnancy if she so wishes (Nolte 1998:265).
body human was the human soul. However, he did not con
ceive the soul as a substance that is found in the body. In
stead, he saw the soul as the function of the body. He be
The Supreme Court of the United States of America ruled in
lieved that a body had a human soul when it was capable of
the case of Roe versus Wade, on January, 22, 1973 that “a
performing the functions that were unique to human beings
state could not interfere in the abortion decision between a
and this was possible only when the body assumed a human
woman and her physician during the first trimester” (Davis
shape and human organs (Grassian 1992:246).
and Aroskar 1983:120). According to this decision, “Foe
tuses are not full legal person” and women have a right to
The Aristotelean view of the soul was later rejected and the
privacy (Grassian 1992:247). This decision gave women the
Cartesian dualism of Descartes (1596-1650) gained influence.
right to abortion on demand. The court ruled further that in
According to the Cartesian view, the “soul and body are two
the second and third trimesters when abortions become risky
different sort of substances, capable of existing independently”
the state had “a legitimate interest in preserving and protect
(Grassian 1992:246). Descartes saw a human being as a com
ing the health of the woman” (Grassian 1992:247). The
bination of these two radically different and interacting sub
Court gave the woman the decision whether or not to termi
stances. From this perspective, the soul was seen as an im
nate her pregnancy, but did not support the position that a
mortal, conscious substance that occupied a body for a period
woman had an absolute right to abortion. However, the Court
of time. Philosopher, religious leaders and medical practi
made legal abortion available than before.
tioners however, continued to debate the morality of abor
tion. The result of these debates was the development of the
Nearly three decades after the Supreme Court ruling in the
Hippocratic Oath which took a stand against abortion. How
Roe versus Wade case, abortion continues to be debated vig
ever, the Oath was often violated. This practice continued
orously in the USA (Grassian 1992:247-248; Steinbock
until the emergence of Christianity, during which period the
1992:43; Davis and Aroskar 1983:120).
Hippocratic Oath was regarded as the only truth in medical
ethics (Davis and Aroskar 1983:117-118; Grassian 1992:246).
In the Seventeenth century, the church accepted the view that
a human foetus has a body from the moment of conception. Human lif e : Beginning
According to this view, foetal development consists of a con
The fundamental philosophical question in determining the
tinuous increase in size of organs and bodily structures which
morality or immorality of abortion is to ask ourselves whether
were believed to be present from the moment of conception.
or not a foetus is a person. To answer this question, we also
The position of the Roman Catholic Church on abortion has
have to ask ourselves when does human life begin? In an
been very clear since the late 1880s. Its position today and
attem pt to answ er this question C allahan in T hiroux
that of other religious leaders is that an embryo becomes a
(1990:247) identifies three basic orientation to personhood
person the moment it is infused with an immortal soul. When
namely: the genetic viewpoint, the developmental viewpoint
this ensoulment takes place is an open question. Some of the
and the school of social consequences viewpoint.
early teachers of the church like St Thomas Aquinas believed
that ensoulment occurred at about three months after concep
1.The genetic viewpoint defines a human person as any be
tion. In 1869 Pope Pius IX ruled that all foetuses should be
ing that has a human genetic code. This approach would
considered to be ensouled from conception. Many of the Prot
argue that personhood comes at the beginning of life. That
estant churches do not agree with the Roman Catholic Church
is, from the moment of conception. Furthermore, growth and
on ensoulment. They do, however, regard abortion as unde
development are seen as simply endorsing what has been ge
sirable, though not a mortal sin. To them, life is sacred and
netically determined.
as such abortion is undesirable. In answering the question:
2.The developmental viewpoint is in agreement with the ge
When does human life begin? Most Protestant leaders agree
netic viewpoint that life begins at conception. However, it
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maintains that there must be some degree of development for in defence of abortion the pro-choice group argues on the
a being to be considered a full human person. premise that killing an innocent person in self-defence is jus
tifiable. If the pregnancy threatens the woman’s life, killing
3. The third viewpoint is the school of social consequences of the conceptus may be justifiable.
which focuses on what society sees as valuable for personal On the other hand , let us assume that a foetus is not a person,
existence. Society has to determine what kind of persons it would abortion always be morally permissible? In my view,
desires and then set the definition in accordance with that. abortion would not always be permissible even if a foetus was
This means that the desires of society as expressed in public not a person. Animals are not persons but, it is wrong to
policy “takes precedence over the biological or developmen torture or kill them for no reason whatsoever. Our moral
tal aspects” (Shannon 1987:43; Thiroux 1990:247). codes dictate that a foetus should be given some considera
tion though its interests may be overridden by those of the
woman.
The developmental viewpoint is significant in understanding
the conceptus. The potential for human life exists in the vari
ous stages of development during pregnancy. The conceptus Any prohibition against killing is based on some moral senti
passes through various key stages of development, everyone ments which include sympathy, compassion and guilt. These
of which is important. However, the more the conceptus be sentiments are also experienced towards non persons. These
comes viable the more human qualities it acquires. Baird sentiments are also experienced towards the foetus particu
and Rosenbaum (1989:78) identify the following as the most larly during the last trimester when the foetus resembles a
central traits of personhood in the moral sense: new bom baby. In the last trimester, even in our assumption
that a foetus is not a person, abortion seems to be wrong ex
1. Consciousness (of objects and events external and/or cept when the pregnancy threatens the woman’s life (Baird
internal to the being) and in particular the capacity to and Rosenbaum 1987:89-92).
feel pain;
2. Reasoning (the developed capacity to solve problems);
3. Self-motivated activity;
4. The capacity to communicate; and Pro-life arguments
5. The presence of self-concept and self-awareness either The pro life position holds the view that abortion is never
individual or racial or even both. morally justifiable because life begins at conception. This
position is based on several arguments:
Given these characteristics, how far advanced in pregnancy
does a conceptus acquire a right to life by virtue of being like
a person? To what extent does its potentiality for becoming a The Genetic Viewpoint
person endow it with a right to life? In answering these ques
The pro-life view is that life begins at conception. This group
tions, it seems reasonable to state that the more the conceptus
values the conceptus in an equal way as it values a new-born
resembles a person, the stronger is the case of granting it the
baby. It argues that the person’s genetic make up is estab
right to life. In the religious context the sanctity of life is
lished at conception and once established, it programmes the
paramount. It becomes unimportant to state with certainty
creation of a unique individual. They also agree with the
when a conceptus becomes an person. What is important is
religious viewpoint that the zygote is infused with the “soul”
that God’s love for man transcends all the biological proc
at conception and that we have to act morally towards human
esses. “Before I formed thee in the belly I knew thee; and
life, especially innocent human life.
before thou comest forth out of the womb I sanctified thee;
and I ordained thee ...” (Baird and Rosenbaum 1987:67).
According to this viewpoint God created man not because it
could be proven pre or post natal that at a certain point the The Sanctity of Life Argument
conceptus is a person and a bearer of right; rather, that God The sanctity of life argument states that every unborn baby
loved man long before he was formed. “His essence is his must be regarded as a human person from the moment of
existence before God as it is from Him” (Baird and Rosenbaum conception. The conceptus is seen as having an absolute right
1987:67). to life. This means that the conceptus’ right to life overrides
all other rights that might be in conflict with it, such as a
woman’s right to her own body or even her right to decide
Since life is a loan from God, man should therefore, respect between her own life and that of the conceptus, especially if
his own life and that of his fellow men. However, the sanctity pregnancy has some complications.
of life argument assumes that man does not make any deci
sions concerning the span of human life. His destiny is viewed
as predetermined. Technological advancement however, has The Slippery Slope Argument or
made man/woman to assume more responsibility for his/her
decisions including pregnancy. Domino Argument
According to the proponents of pro-life, the slippery slope
argument is more forceful when applied to abortion than to
The sanctity of life viewpoint concurs with the viewpoint of any other issue. The reason is that abortion is not as visible
the pro-life group that human life begins at conception and as murdering of adults. It is easier for the woman to disre
that abortion must be wrong because it is murder. However, gard human life because she does not see her conceptus.
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professionals pertaining to abortion.
Abortion as the Woman’s Choice
2. Prospective employees should be made aware of these re
The final argument for the pro-choice position is that women
quirements during interviews to afford them the opportunity
should be legally free to make private decisions about their
of making informed decisions to take the post or decline it
own bodies and their lives. No one else has to go through: (i)
based on their convictions on the issue.
pregnancy, (ii) childbirth and (iii) raising the child, if she
3. Workshops should be conducted where nurses are briefed
does not want to. Therefore the decision to continue or ter
on what they may experience with their feelings particularly
minate a pregnancy should solely be taken by the woman with
when they have participated in large numbers of abortions.
no interference from anyone else (Thiroux 1990:253-258).
4. Las but not least debriefing sessions should also be con
ducted for health professionals who experience feelings of
anxiety, depression and ambivalence as a result of participa
The moderate position on tion in large number of abortion.
abortion
The pro-life and pro-choice positions are extreme views to Conclusion
the abortion issue. The moderate position considers abortion
The morality and immorality of abortion was determined by
acceptable up to a certain point in foetal development. What
attempting to answer the central philosophical question which
follows is a discussion of the basic assumptions that the mod
relates to moral status of a foetus. At the centre of the pro-life
erate position holds on the abortion issue.
argument is the humanity of the foetus. While, at the centre
of the pro-choice argument is the pregnant woman’s right to
self-determination. The pro-life position argues that the con
Conflicting Absolutes ceptus has absolute rights to life. While, the pro-choice group
argues that the woman has the right to make decisions about
One realises that the abortion issue is very complex indeed.
her body including the conceptus she is carrying. The princi
Two basic principles come into conflict: the value of life prin
ple of Autonomy becomes important in this regard. Grassian
ciple and the principle of autonomy. There are no absolute
(1992:259) states that the reasons we give for the different
rights. The value of life principle is important but it is not
viewpoints on the abortion issue are motivated by our “feel
the only value that should be considered. There are other
ings of identification more than reason.” For the pro-life
important aspects of this principle. For example families
group, these feelings of identification focus on the develop
should also be given the right to procreate and to reproduce
ing foetus, while, for the pro-choice group they focus on the
the number of children they want to facilitate the care of their
wishes or suffering of the pregnant woman. For the former,
offsprings.
abortion is felt to be immoral, while for the latter it is felt to
be moral. It is thus, an issue of value rather than an issue of
facts.
Similarly, there are no absolute rights over one’s body. The
right of a pregnant woman over her body is important, but
people should be prevented from killing indiscriminately.
It is very difficult to justify any specific time as the point at
Presently, the pregnant woman’s body and her life contains
which a conceptus becomes a person and as such a bearer of
another body and life that is in some stage of development.
moral rights. The pro-life group draws the line as to when
For this reason, the argument that she should have absolute
the conceptus becomes a person too early. Moderates would
right over her own body does not hold because, what affects
find it difficult to accept that a group of cells (regardless of
her body and life will also affect the body and life of another
their potentiality) without any form has to be considered as a
potential person. However, this does not mean that the woman
person. On the other hand, it is also difficult to accept the
forfeits her rights over her body and her life. What it means
notion that personhood begins at birth as indicated by the
is that when she makes her decision, she has to consider that
pro-choice group. This view disregard the potentiality to
her body is carrying a potential or actual human life. There
wards actual human life that occurs throughout pregnancy.
fore, she does not have absolute rights over her own body.
The conceptus too does not have an absolute right to life
(Thiroux 1990:259-260).
According to Thiroux (1990:260) Daniel Callahan accepts
the developmental viewpoint as the best approach in under
standing the conceptus. This view maintains that while it is
Recommendations true that the genetic basis of an individual person is estab
lished at conception, some development has to take place be
Nothing that abortion is an ethical dilemma that confronts
fore the conceptus can be called human. This viewpoint ac
health professionals the following recommendations are, there
cepts that human life in potentiality exist in various stages of
fore, made with the hope that they will go a long way in help
development throughout pregnancy. It further states that since
ing institutions and individual health professionals deal with
the biological development of a person occurs in a continu
this issue.
ous manner, it might be important to consider the possibility
that human rights also develop in the same manner.
1. Health provision centres should have an employment policy
document which outlines the duties and requirements of health .... . . . . . . . ... . ,
What is illustrated is that there is human life either in poten-
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tiality or in actuality from conception. The fact that an entity
is a potential person is a strong prima facie reason for not
destroying it. However, we need not conclude that a potential
person has a right to life by virtue of that potential. At the
same time we need not insist that a potential person has no
right to life whatsoever. As we make our moral judgement
regarding whether abortion is right or wrong, it is important
to consider not only that life is lost but it is also important to
consider the motive and intention of the person’s actions.
References
BAIRD, R M & ROSENBAUM S E Ed 1989: The Ethics
of Abortion. New York: Prometheus Books.
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