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Judith Jarvis Thomson: "A fetus is a person but not necessarily with the same rights as the mother."

by DDanDDanDDan 2023. 11. 12.
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Judith Jarvis Thomson, a renowned philosopher, made significant contributions to the debate on abortion with her thought-provoking arguments. One of her most cited claims is that a fetus can be considered a person, but it does not necessarily have the same rights as the mother. This perspective comes from her famous essay "A Defense of Abortion," where she employs a range of analogies and thought experiments to challenge prevailing views on the subject.

 

In stating that a "fetus is a person," Thomson grants, for the sake of argument, the pro-life position that personhood begins at conception. She does this not necessarily because she agrees with that viewpoint but as a way to engage with the most challenging form of the opposition's argument. By conceding this point, Thomson seeks to demonstrate that even if one accepts the idea that a fetus is a person with moral value, it doesn't automatically follow that abortion is morally impermissible.

 

Thomson's argument shifts the focus from the moral status of the fetus to the question of rights and bodily autonomy for both the fetus and the mother. Her claim that the fetus does not necessarily have the same rights as the mother highlights the concept of bodily integrity. In her famous 'violinist analogy,' Thomson asks us to imagine waking up connected to a famous unconscious violinist. In this scenario, your kidneys are being used to filter the violinist's blood. You didn't consent to this situation, much like many women don't consent to becoming pregnant. Thomson argues that, even if the violinist has a right to life, he doesn't have a right to use your body to sustain his life. Disconnecting yourself from the violinist would be morally permissible, much like how terminating a pregnancy can be morally permissible even if the fetus is considered a person.

 

This line of reasoning hinges on the differentiation between the right to life and the right to what is necessary to sustain life. Thomson asserts that, while the fetus might have a right to life, it does not have the right to use the mother's body against her will to sustain its life. In contrast, the mother has a right to bodily autonomy, which, in some circumstances, can outweigh the fetus's right to life. This nuanced stance allows for the moral permissibility of abortion without negating the moral consideration for the fetus.

 

Thomson's argument has been both influential and controversial, sparking a wide range of responses and counterarguments. Nonetheless, her perspective brings a valuable shift in the abortion debate, steering the conversation away from the black-and-white question of fetal personhood to the complex interplay of rights and responsibilities. By doing so, she adds a layer of ethical complexity that acknowledges the moral value of both the mother and the fetus, without automatically subsuming the rights of one to the other.

 

In summary, Judith Jarvis Thomson's view that a fetus is a person but does not necessarily have the same rights as the mother fundamentally challenges mainstream discourses on abortion. She shifts the focus to bodily autonomy and the intricate balance of rights, offering a nuanced position that allows for the moral permissibility of abortion even when granting the fetus personhood. This perspective has significantly impacted philosophical discussions and ethical considerations around abortion, adding depth and complexity to an already contentious issue.

 

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