NCJ Number
143295
Date Published
1992
Length
266 pages
Annotation
A theory of moral status -- which defines kinds of beings that can be the object of moral concern -- is used to discuss what appears to be the conflicting and inconsistent moral and legal status of unborn fetuses. This issues extends not only to abortion, but to maternal responsibilities and rights regarding unborn children, the emergence of perinatology and fetal surgery, and even rights of custody.
Abstract
The first chapter introduces the theory of moral status, the interest view, which argues that all sentient beings have interests and attempts to resolve the right of recovery for prenatally inflicted injuries with the right to abortion. The issue of abortion is dealt with in detail, in a discussion that covers criteria for moral status, the argument from potential, the argument from bodily self-determination, and the moral and legal significance of viability. The third chapter examines the legal status of the unborn in other arenas including prenatal torts and wrongful-death actions, the fetus as homicide victim, and wrongful-life suits. The questions of abortion and maternal obligations to the unborn are resolved in the following chapter, which argues that a pregnant woman has the prima facie moral obligation not to engage in dangerous behaviors that could harm her fetus. The symbolic value of the fetus is discussed in relation to fetal research in a separate chapter. The final chapter deals with embryo research and new reproductive technologies, including in vitro fertilization, embryo transfer, detecting genetic disease in embryos, and creating embryos for research. Chapter references