Life Before Birth: The Moral and Legal Status of Embryos and Fetuses

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Hardly a day passes without newspaper coverage of some new development regarding prenatal life. The abortion debate continues to rage, but other examples abound: forced Caesareans; prosecutions of women for drug use during pregnancy; fetal protection policies; the use of fetal tissue for transplantation; embryo research; and the disposition of frozen embryos. All of these issues raise the question of the moral status of the unborn: are embryos and fetuses part of the pregnant woman or are they persons? Are they ...
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Overview


Hardly a day passes without newspaper coverage of some new development regarding prenatal life. The abortion debate continues to rage, but other examples abound: forced Caesareans; prosecutions of women for drug use during pregnancy; fetal protection policies; the use of fetal tissue for transplantation; embryo research; and the disposition of frozen embryos. All of these issues raise the question of the moral status of the unborn: are embryos and fetuses part of the pregnant woman or are they persons? Are they sources of tissue, research tools, or are they pre-born children? Different conceptions of the unborn prevail in different contexts, giving rise to the charge of inconsistency. For example, women have been criminally charged with abusing their fetuses by using drugs during pregnancy, even though abortion--which pro-lifers call the ultimate child abuse--is legal. The legalization of abortion itself was based in part on the unborn's never having been recognized in law as a full legal person. Yet fetuses have been considered as persons for the purposes of insurance coverage, wrongful death suits, and vehicular homicide. This book provides a framework for thinking clearly and coherently about the unborn. The first chapter elaborates the book's basic idea, that all and only beings who have interests have moral standing, and only beings who possess conscious awareness have interests. This thesis, which is called "the interest view," raises issues of considerable philosophical complexity, but is presented in language non-philosophers will be able to understand. Subsequent chapters apply the interest view, and explore the moral and legal aspects of a wide range of issues, including abortion, the legal status of the fetus outside abortion, maternal-fetal conflict, fetal research, and the use and disposition of extracorporeal embryos resulting from the new reproductive technologies. The philosophical discussion is enlivened by examples and actual cases which immediately catch, and sustain, the reader's interest. Written in a lively style, Life Before Birth: The Moral and Legal Status of Embryos and Fetuses is a timely and important work that enables us to resolve contradictions in our current thinking about the unborn, and to approach new issues in a clear and rational manner.

Discusses abortion, maternal/fetal conflict, fetal research, embryo research/new reproductive technologies/etc.

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Product Details

  • ISBN-13: 9780195054941
  • Publisher: Oxford University Press, USA
  • Publication date: 7/23/1992
  • Edition number: 1
  • Pages: 272
  • Product dimensions: 6.44 (w) x 9.56 (h) x 1.08 (d)

Table of Contents

Introduction 3
1 The Interest View 9
I Consciousness as Necessary and Sufficient for the Possession of Interests 14
II The Interests of Nonconscious Individuals 24
III Future People 37
IV Potential People: Embryos and Fetuses 40
2 Abortion 43
I Criteria for Moral Status 46
II The Argument from Potential 59
III Possible People 71
IV The Argument from Bodily Self-Determination 76
V The Moral and Legal Significance of Viability 82
3 Beyond Abortion: The Legal Status of the Fetus 89
I Recovery for Prenatal Injury in Torts 91
II Prenatal Wrongful Death 100
III The Criminal Law 104
IV Wrongful Life 114
4 Maternal-Fetal Conflict 127
I Moral Obligations to the Not-Yet-Born 128
II Legal Obligations to the Not-Yet-Born 133
5 Fetal Research 165
I Fetal Research in America: History and Politics 167
II Fetal-Tissue Transplants 171
III Research on the Living Fetus 186
6 Embryo Research and the New Reproductive Technologies 195
I In Vitro Fertilization and Embryo Transfer 197
II Embryos in Laboratory Research 203
III Dispositional Problems 211
Notes 221
Index 251
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