Tagged: personhood

A Conversation Between Two Philosophers: On Abortion, Persons and Value

My purpose here is to respond to a post published by Steven Dunn over at Philosophic Augustine. I met Steven several years ago in conversations on Tumblr. Over the years, he has maintained a resolute interest in philosophy, which is something I greatly admire about him. Few things remain constant over several years, so the fact that he has retained his passion for philosophy is impressive. He’s also grown a lot with respect to his knowledge and that’s to be applauded.

Prior to reproducing our discussion hitherto, I want to be clear about what I’ll be looking to accomplish in this response: a) address his latest response that features Aristotelian personalism and metaphysics b) circle back around to Bill Vallicella’s argument. I think it’s important not to lose sight of the argument, especially given that that’s the reason I commented on Steven’s Facebook post to begin with. I will make it clear that even if one granted the undeniable personhood of a fetus, it still would not follow that an abortion is equivalent to murder. With that said, here is the discussion as it stands; my reply to Steven’s latest response will follow.

Steven Dunn: Philosopher Bill Vallicella over at his blog Maverick Philosopher considers a brief but important argument:

(a) Abortion is murder.
(b) Abortion ought to be illegal.

The question: Can one consistently hold (a) and not (b)? Suppose an added proposition:

(a) Abortion is murder.
(b) Abortion ought to be illegal.
(c) Murder is illegal.

I posted this argument on my personal Facebook page which wrought the response of one of my old friends from the Tumblr blogosphere, R. N. Carmona. Carmona is a philosophic tour de force, one of whom I’m familiar with conversing and debating since I was 17 in 2013 (now I’m 24).

There was a lot of heated exchanges between me and Carmona. After learning of his upcoming book, Ending the Abortion Debate, I knew that this issue was something he was well-versed in and felt passionate about. The following exchange doesn’t do full justice to Carmona’s overall position, but the highlights I’m sure are as he would see fit. Enjoy!

R. N. Carmona: (a) is unsound, hence making the whole argument unsound. Aborting an embryo or non-viable fetus simply is NOT murder. Most abortions happen before week 16, with a majority of them happening before week 9. At no point in those times does a fetus resemble an infant and more importantly, the hallmarks of a person aren’t present yet. That happens at around week 22, hence the hard cut off in most states at 20 weeks. Specifically, EEG waves register in the neocortex at around week 22 and the neocortex isn’t full developed till around week 36. I’d argue that it’s murder after week 22.

The only time I make exceptions after that many weeks is if there’s a threat on the mother’s life, but if the choice is between the quality of life of a mom and her family and a nine week old fetus, it’s an easy choice. Keeping abortion legal prior to week 20 reduces maternal mortality, which, if you’re pro-life, you should care about. Moreover, restrictive policies increase infant and maternal mortality. We’ve had lots of tries at the conservative Christian way: Northern Island, the Muslim World, the Philippines, etc. Restrictive policies do not work.

This is precisely what my next book is about. Want to end abortion? Get behind the issue. Address poverty, lack of education, lack of access to contraception, domestic violence, etc. That’s the only way to slow the rate of abortion. Restricting it won’t work and those conservative states that have passed heartbeat bills are about to find out the hard way.

Steven Dunn: There is actually a large extent in which I agree with you. I’ve read a lot of your writing on this issue and I appreciate you’ve pointed the dangerous restrictive policies that do currently exist. There is also an importance as you say in addressing poverty, lack of education, etc.

However, my initial problem began when you claimed that aborting an embryo or non-viable fetus is not murder. Even though non-viable fetuses have no chance of survival, that still does not warrant moral permissibility to end its life. I don’t see where the line of moral difference changes with an embryo, fetus, or fully grown human infant. Is it a spatial difference? Is it a temporal difference? Does the week, day, or trimester matter when ending the life of a *potential human?

Of course, we could have a metaphysically more significant conversation than the kinds of questions I’m asking you. I just think that these questions are a good starting point. Also, what is the “hallmarks of a person”?

R. N. Carmona: The hallmark of a person is quite simply, the consciousness attributed to human beings and higher order animals like dolphins and the great apes: neuroplasticity, memory acquisition, language capacity, etc. Even simpler than that, the capacity to apprehend taste, texture, sound, and so on. Even them who are mentally disabled, assuming they aren’t blind or deaf, can have these experiences. The blind and deaf, though lacking an important sense, still have propensities for memory acquisition, language, and so on.

And that’s the difference: spatio-temporal. Of space, because the potential person now occupies a uterus, taking nutrients from the would-be mother; of time because the potential person is currently not in the world, i.e. is not a citizen of a given country; is not protected by laws.

Potential simply is not enough. The fetus is potentially stillborn or potentially going to die of SIDs or will potentially be an ectopic pregnancy or will potentially be born to become a serial killer that will make Ted Bundy blush. You can’t speak of potential as though it’s solely and predictably positive; potential can be very negative. In fact, this child can be the reason the mother dies and leaves behind a husband to raise several kids, including the newborn, on his own. Potential simply isn’t enough to obligate a woman to continue a pregnancy she’d rather terminate.

So yes, the week matters because so long as a fetus isn’t viable, abortion should be permissible. The moral difference changes once the fetus is viable. Potentiality simply isn’t a good argument. Viability is a much stronger argument.

Furthermore, the moral difference changes when purposeful modification comes into play. Sure, an infant doesn’t have that capacity: it doesn’t, for example, set goals for itself. However, the parents, once they are told that the fetus is developing well, start to purposely modify on the fetus’ behalf: they start thinking of a name, buying clothing, setting up its room, putting money in its college fund, etc.

No parent, even if they’re a Christian conservative, begins to purposely modify at conception or even in the early weeks. It’s simply not enough to go on and tells you that, behaviorally speaking, most parents write off potential. Potential isn’t enough for anyone to go on and that’s why most people need something concrete before they begin to purposely modify on their baby’s behalf.

So yes, there’s a simple line to draw between a non-viable fetus and a viable one. I can speak of organismality as well, namely comparing and contrasting between organisms to come to a good conclusion regarding what a non-viable fetus most closely resembles, and it’s clear that they don’t resemble a newborn. There are marked differences, but I digress.

Steven Dunn: I would clarify that you are *technically correct in saying that potentiality is not enough. A potential X of course is not an X. Because I am a potential speaker of the French language doesn’t mean I can speak the French language. However, potentialities are still nonetheless grounded in being: they are realities not merely possibilities.
They are actual human beings with various potentials.

Though they are not realized among differing spatial and temporal locations/positions, I don’t think you’ve provided a meaningful account of persons. Human persons, as I see it, are instances of personalized being; persons possess phenomenological qualities that make them eligible for relationships – or interpersonal love. I think our definitions of persons should capture something specific (and simple), rather than be a construct of various qualifiers (neuroplasticity, apprehension of the senses, etc).

One biological example worth mentioning that I think you’ll appreciate is the cognitive capacity of bonobos – which is one of my favorite areas of primatology to examine their analogous behavior with humans. They’re sympathetic, they can experience pain, they are highly intelligent, they can have an extensive non-verbal vocabulary, etc.
Despite these striking qualities, they do not fit under the definition of persons I’ve provided above.

What does it mean to be a real person? A couple things: (i) what W. Norris Clark has called the “participation structure of the universe”; rational-intelligibility that allows for human persons and the universe to find meaningful relations/predictions; (ii) existence as a dynamic act of presence and (iii) action as a [self] manifestation of inner-being.

I think your definition of persons is merely conditional; it’s dynamic but not exhaustive. Human beings – that is, if a personalized being possesses such potentialities – are intrinsically valuable; there can be no moral difference among this being’s spatial or temporal location.

In summary. . . I think you are raising issues that aren’t typically addressed by conservatives. It’s important that we better handle areas of women’s reproductive healthcare, which can be dealt with through better and intentional education, personal conviction, etc. However, I think we need to agree that the moral question is not somehow addressed because we’ve raised current social or political problems surrounding abortion. There are consequences and symptoms that need to be taken care of, by all means. However, if structurally we are dealing with the intentional ending of a human life then we need to talk about it.

R. N. Carmona: I disagree there. What I hear is Aristotelian language here and I reject his metaphysics all the way through. Potentialities are not realities grounded in being. I think even Aristotle makes a distinction between potentiality and actuality, and as I recall, he doesn’t conflate them in this manner.

Persons do, however, possess phenomenological qualities, like phenomenal consciousness, but that isn’t what makes them eligible for relationships and interpersonal love. What’s needed there is simple empathy and bonobos and chimps, in general, are capable of that; that’s one reason why some advanced nations recognize them as persons. So rather than a construct of qualifiers, it’s more a recognition of qualifiers taken together to get a basic definition of person.

The base anthropocentrism of theists doesn’t allow them to accept that other higher order animals are persons, and that’s what you’re doing here. Dolphins call each other by name and remember individuals for decades. Elephants can also remember individuals after years of not seeing them. So while there’s certainly a distinction between a human person and a dolphin person, there is overlap that qualifies them both and that overlap is found in the sciences. The issue here is that your definition relies less on science and more so on an implied belief in the soul or on metaphysics rather than science.

I agree with (I) as it’s pretty much purposeful modification paraphrased. (II) relies heavily on Aristotelian metaphysics and I reject it outright. (III) stems from two, but alludes to libertarian action of will, which I don’t think anyone has. There’s no [self] without the [other] and other is much more crucial in action, especially willful. I think human persons can change course, but only after realizing enough deterministic conditions underlying their actions, thus empowering them to experience determinants that may lead to an overall change of course.

Think of the proverbial alcoholic; he doesn’t willfully change his bad habit, but what he does is “change” a given number of determinants so that his actions may change and out of a recognition that if he doesn’t make these changes, he is pretty much enabled: a) stops associating with friends who drink regularly b) doesn’t go to bars when invited c) goes to rehab. And so on and so on and so on.

Action itself isn’t in a vacuum, but dynamic and intertwined with the flux of all there is. So human potential takes course in a deterministic manner and any human looking to have any semblance of control over that will reposition herself with respect to determinants. A fetus is incapable of this sort of purposeful modification, which I think is the most actualized of all.

So my definition, while not alluding to souls or anything religious, is also sufficient because it recognizes the role of the other in the shaping of the self. The embryo and non-viable fetus do not interact with the other in the manner in which persons do and it is simply potentiality and not actuality, to use your language. What is commonly aborted is (what can be) rather than (what is), so that spatio-temporal difference lays the groundwork for a moral difference and the moral difference lies in purposeful modification which I think your (I) paraphrases.

Any metaphysic that doesn’t account for the other, even something as arbitrary as a chair, isn’t complete. Hegel understood this and is the forefather, I think, of modern metaphysics, starting in the phenomenologists that soon followed him. Hurssel relied a lot on Aristotle too and I’m not alone in seeing that he was mistaken for doing so, but again, I digress.

Steven Dunn: I would respond to your outlook on Aristotelian personalism as not fully appreciating what the system has to offer. In our personal conversations on abortion I have mentioned to you that yes, personalism and the potentiality principle has largely been carried and grounded in Catholic moral theology. I understand, therefore, we both don’t share views in the inspiration of Christian theology.

Hence, we need to find anthropological and philosophical commonalities in which we can meaningfully proceed in a discourse about human persons and what exactly is developing in the womb. The best system that does this, in my view, is Aristotle’s conception of being from his Metaphysics and the further extension from Thomas Aquinas’ doctrine of persons (with some modifications).

Aquinas argued that persons are that which is “perfected in all of nature.” This essentially means that persons are not merely special “modes” of being amongst others, but that personhood is being when it is allowed  to be at its fullest. In other words, persons are not restricted by sub-intelligent matter. There are a number of reasons why persons – humans – possess the special status that they do, and while I think there are theological reasons for this I think I can still demonstrate that apart from any inspired or “revealed” source.

First, Aquinas’ notion of person was conscious of the distinction between person and nature, because providing a consistent account of personhood meant that a consideration of God as Triune (one divine nature amongst three persons) and Christ as the God-man (divine person possessing two natures) needed to be contextually consistent.

Therefore, it has been an accusation by some leading Catholic philosophers (Wojtyla, Ratzinger, Clarke, etc) that Aquinas falls short of a comprehensive philosophical definition of person because the medievals relied primarily on the Boethian definition of person: “An individual substance of a rational nature.” Hence, I would argue for a further inclusion of the concept of “relation,” which is fundamental to our understanding of what it means “to be.”

Aquinas moved away from the what has been called “self-diffusiveness” of the Good as seen by the NeoPlatonists (the collaboration of the Good with all “substances”) and instead moves to Supreme Being, where Existence (esse) – as I said before – now becomes the root of all perfection. Supreme Being is the subsistent Act of Existence, where now the self-diffusive Good now becomes self-communicative Love.

Hence we have three primary qualities for the relationability of persons: being is (1) self-communicative (showing that persons are intelligible [ratio] by their actuality); (2) being is self-manifesting (persons are immediately relatable to other beings); and (3) being is intrinsically active (persons are not merely present but actively present).

Suppose a being for example that existed in reality but didn’t or couldn’t manifest itself to other beings, or if it didn’t or couldn’t act in any way. If this kind of being lacked such properties then other beings couldn’t have knowledge of its existence; it would be almost as if it had no being at all. Now imagine if all beings existed in this sort of way; the universe itself wouldn’t be connected in the unified sense that philosophers and scientists typically speak of the rationality of the universe.

Now combine this with the potentiality principle. According to Current Anthropology (2013), potentiality is a principle not so foreign to them: potentiality “denotes a hidden force determined to manifest itself – something that with or without intervention has its future built into it.”1

Let me be clear that potentiality is the only relevant metaphysical principle worth considering for abortion. My position, to be clear, is not:

  1. X is a creature of a certain sort.
  2. Creatures of this sort have right R.
  3. Therefore, X has a right R.

Premise 2 of course begs the question in favor of what I want to prove. In summary, my position is that the full and perfect realization of being is always inherent in its nature. All living things, including mindless plants, dolphins and gorillas have a proper end or “good” which is naturally directed within their nature – even from a formless or potential state. Nothing can exist without potentials, and potentials cannot be realized apart from something actual.

Now the metaphysical picture I’ve provided is not mere conjecture but is what historically has served as the foundation of Western intelligentsia for over 1,500 years, until the advent of the modern model by Descartes and Newton. And I would argue that that move away from the model of classical metaphysics has been one of the greatest errors and blunders of Western thought. It was an illegitimate move because it’s not as if new physical discoveries were made, hence “outdating” the Aristotelian system.

Descartes, among other French intellectuals at his time were responsible for the shift away from potential/actual, the four causes, and his metaphysic of being. Bad move.

R.N. Carmona: While not mere conjecture and arguably the foundation of Western intellgentsia for over 1,500 years, one would have to gloss over important bits of history to make that argument. One of the more significant bits of history I have in mind is the Christian and Muslim censorship and destruction of texts that were not in agreement with monotheism, especially works that were of a more naturalistic flavor. Carlo Rovelli puts it succinctly:

I often think that the loss of the works of Democritus in their entirety is the greatest intellectual tragedy to ensue from the collapse of the old classical civilization…We have been left with all of Aristotle, by way of which Western thought reconstructed itself, and nothing of Democritus. Perhaps if all the works of Democritus had survived, and nothing of Aristotle’s, the intellectual history of our civilization would have been better … But centuries dominated by monotheism have not permitted the survival of Democritus’s naturalism. The closure of the ancient schools such as those of Athens and Alexandria, and the destruction of all the texts not in accordance with Christian ideas was vast and systematic, at the time of the brutal antipagan repression following from the edicts of Emperor Theodisius, which in 390-391 declared that Christianity was to be the only and obligatory religion of the empire. Plato and Aristotle, pagans who believed in the immortality of the soul or in the existence of a Prime Mover, could be tolerated by a triumphant Christianity. Not Democritus.2

It’s not a mere coincidence that Aristotelian metaphysics stood in fashion for so long, nor was it established that the Aristotelian system was better than other systems. In that same time period, theists, especially Christians, held a virtual monopoly on ideas and as such, metaphysical frameworks with more naturalistic bents were destroyed or censored. Due to this, there was a reluctance on the part of skeptics and naturalists to offer a naturalistic metaphysical system. They were rightfully afraid of The Inquisition. So, Aristotelian metaphysics didn’t dominate the landscape because it was the best framework, but rather, because the game was rigged in its favor.

Copernicus and Galileo, for instance, dealt with the consequences of challenging theistic thought. Copernicus’ De revolutionibus “was forbidden by the Congregation of the Index ‘until corrected’, and in 1620 these corrections were indicated. Nine sentences, by which the heliocentric system was represented as certain, had to be either omitted or changed.”3 Galileo’s house arrest is a well-known historical fact and there’s no need to tread over old coals here. More to the point, “Bruno [was]…much more of a philosopher than a scientist. He felt that a physicist’s field of study was the tangible universe, so he challenged any line of thought that utilized nonphysical elements and avoided what he considered the juvenile exercise of calculation. To him, computational astronomy missed the true significance of the sky.”4 Bruno held to eight purportedly heretical theses and they served as the reason for his execution. Among these theses were patently naturalistic positions: the universe is spatially infinite, there are other planets very similar to ours, there were humans before Adam and Eve, the Earth moves in accordance with Copernican theory.5  In all but one of these positions, Bruno has been proven correct. So the notion that Aristotle’s system is best overall or, at the very least with respect to defining personhood, is already disputable because as has been demonstrated, competing, especially naturalistic, frameworks were discouraged. Despite this, before I set out on my own exploration with regards to what best explains potentiality, I will challenge Aristotle’s personalism.

Even if I were to grant that Aristotle offered much in the way of explaining personhood, there’s still the question of how any of these criteria apply to embryos and early fetuses. Take for instance, (1) self-communicative (showing that persons are intelligible [ratio] by their actuality). To my mind, embryos and early fetuses are not self-communicative nor intelligible, and that’s because they have yet to develop the organ that makes this possible, namely the brain. Now, while I recognize that Aristotle offers an interesting conundrum worth considering, i.e., as you put it, “Nothing can exist without potentials, and potentials cannot be realized apart from something actual,” I don’t see that a fetus’ obvious intelligibility and self-communication follows. As we will see shortly, there’s a better explanation for the notion that nothing can exist without potentials and that no potentials can be realized separate from something actual.

In like manner, let’s consider also (2) being is self-manifesting (persons are immediately relatable to other beings). On the assumption that Aristotle was correct, I don’t see how embryos and early fetuses are self-manifesting and immediately relatable to other beings. If anything, it is only relatable to its parents and siblings, assuming they had children already. Since it has not emerged independently within the world, it is not relatable to other people, the ecosystem in its locale, nor the wider biosphere. The fact that it isn’t independently within the world makes so that it isn’t relatable to any other beings. Furthermore, it’s relation to its parents and siblings is best explained and anticipated by genetics, which we will get to shortly.

Let’s also consider (3) being is intrinsically active (persons are not merely present but actively present). Again, embryos and early fetuses are not present, let alone actively present for the same reasons they aren’t self-manifesting. The fact that it is not independently within the world, once again, proves problematic for the third criterion. I can grant that it is actively present once born, for its parent(s) is now self-modifying on its behalf. It is interacting with other persons in a very obvious manner and relies on them for its physical, emotional, and psychological growth, growth that is crucial for its potential to eventually become a person who has a theory of mind, a sense of self, an ego, memories, desires, goals, and so on. Within the womb, that simply is not the case early in any pregnancy. The woman’s voice and music can help with brain development starting at 29-33 weeks. So harkening back to what I said earlier, interpersonal interaction is only possible when the brain is sufficiently developed, which strongly favors the thesis that the brain is integral to a human person rather than a soul.

Now to the matter of what better explains the predictable potential of a human fetus, after which three conclusions should be immediately clear: either 1) that we do not require a metaphysical explanation for potentiality and personhood or 2) that given genetics and evolution, what’s necessary is a metaphysical framework that is congruous with and readily predicts scientific facts and 3) that nothing can exist without potentials and that potentials are not realized without actuals has been solved.

One of the primary reasons I reject Christian theism as a worldview is because it gives human beings an undue “special status” all while ignoring human evolution. Human potential or more specifically, homo sapien potential wouldn’t exist without an ancestor’s (probably homo antecessor) potential. Furthermore, homo sapien potential would not have been realized without the actuality of ancestors and likewise, without the divergence of ancestors, great apes would not have progressed as they have. As you well know, we share about 98.5% DNA with chimpanzees and some 96% with gorillas, two facts that establish a common ancestry. So this “special status” is actually an example of special pleading because it’s not at all clear why chimps and gorillas do not qualify for such status; also, neanderthals, given what we currently know about them, are in many respects like homo sapiens (a fact that made their interbreeding possible) and as such, would qualify for such status without question. Yet on Christian theism, no human ancestor qualifies for this status, an attitude I find very suspicious.

Human evolution, like evolution in toto, has an underlying genetic component that explains these variations in populations over time. That same genetic component continues among all populations of species and thus, better explains “the perfect realization of being…inherent in the nature of mindless plants, dolphins, and gorillas.” Furthermore, potentiality does not denote a “hidden force determined to manifest itself,” but a rather statistically predictable pattern present in the genome of an organism; it isn’t hidden at all, but rather in plain sight. The pattern is so predictable that one can readily explain how and why that which is formless becomes something with form.

So prior to circling back to Vallicella’s argument, I will offer a brief overview showing how the actuality of parents results in the potentiality and probable actuality of a child. It is also important to note that given genetics, there are a number of factors that determine morphological sex, eye color, hair color, skin tone, and so on. So let’s imagine that in universe A, Jack and Jill have a baby girl named Janice and that in universe B, they have a boy named Jake. Let’s consider the important differences in each child, differences that explain why Janice exists in A and Jake in B.

In universe A, Jack and Jill are both 24-years-old when they agree to having a child. Jack and Jill are wealthy and have spent the last four years of their relationship traveling. Neither of them are stressed and have no trouble being happy and grateful for all that they have. When considering that high stress increases the probability of having a boy, it is no surprise that Jill gives birth to Janice nine months later. Yet that still does not explain why Janice has brown eyes (though both her parents have blue eyes), her mother’s hair color, and her father’s hitchhiker thumb. In the main, had another sperm fertilized the egg, Janice very likely would have been born with completely different features. Despite low stress levels, there’s also the fact that Jack has five sisters and no brothers, therefore increasing the probability of having a girl. This still does not explain why Janice has brown rather than blue eyes, blonde rather than brown hair, and a hitchhiker thumb rather than a straight thumb.

Allelic combination is important in explaining her phenotypic features. Should both parents pass on recessive genes, Janice is born with a hitchhiker thumb. Or alternatively, if there’s a combination of dominant and recessive genes, she may have a chance to have a hitchhiker thumb or a straight thumb. If there’s a combination of dominant genes, then she will predictably have a straight thumb (see reference). Eye color tends to be similar, albeit more complicated.

For instance, the assumption is that since Janice’s parents have blue eyes, she will also have blue eyes. There are two genes integral to determine eye pigmentation: OCA2 and HERC2. An active HERC2 activates OCA2, which determines pigment; given this, we know that this is what explains Janice’s brown eyes. Her counterpart in universe B, Jake, has either a broken HERC2 or a broken OCA2 and therefore, has blue eyes (see reference). He also has brown hair and a straight thumb. He has a straight thumb because instead of a recessive and dominant gene (what we find in Janice’s genome), we find two dominant genes in Jake’s genome. Their disparate hair colors are also explained in this manner as well. It is also likely that in Universe B, Jill gave birth to Jake because of the high levels of stress she experienced during pregnancy. Jack and Jill decided to conceive at the ages of 31. During the pregnancy, they moved from Middletown, NY to New York City because they both wanted more job opportunities. The crowded commutes, her career, the noise pollution, among other things, stressed Jill out to no end and this increased the probability of having a boy, hence (probably) the birth of Jake.

Form, likewise, follows suit. Drosophila have been important in research in evolutionary biology and genetics. In observing curious mutations in these flies, geneticists discovered homeotic genes that determine the body pattern of all organisms. The research gets very technical and makes for quite the tangent, but homeotic, or Hox genes themselves come from a Hox-like ancestor that explains the similarities Hox genes have from organism to organism (see reference). The graphic makes the extrapolations of their research clear.

Hox Evolution

What is also clear is that the following turns out to be false: “All living things, including mindless plants, dolphins and gorillas have a proper end or “good” which is naturally directed within their nature – even from a formless or potential state.” It’s not so much that there’s a natural tendency even from a formless, potential state, but rather, that there’s an evolutionary and genetic history that informs how a comparatively formless embryo develops into a human being. There are also traits that are arbitrary as there’s no purpose as to why someone would have brown rather than blue eyes or a hitchhiker thumb rather than a straight thumb. Some traits are inconsequential with respect to who a given person is.

Aristotelian metaphysics is considered outmoded by contemporary philosophers and scientists because it is incongruous with various scientific paradigms. Setting cosmology and physics aside, as I think I’ve shown, Aristotle’s concept of a person is incongruous with evolution and genetics and the system did nothing in the way of anticipating the advent of evolutionary biology and genetics. His system speaks of personhood in a patently non-naturalistic or even supernatural manner whereas genetics and evolution show that personhood is linked to certain types of purely physical organisms. What is required is either no metaphysical framework at all (à la logical positivists) or a framework that coincides with modern philosophical and scientific paradigms. Aristotle’s system doesn’t accomplish that and far from a “bad move,” Copernicus, Galileo, Newton, and everyone who eventually stood on their shoulders have every justification to move away from the Aristotelian system. Although interesting, that potentials can’t exist apart from actuals is explained by genetics for that which is animate and memetics for that which is inanimate. In fact, Aristotle was closer to correct with regards to universals and particulars, an explanation that can be applied to inanimate objects rather than living entities. Yet despite the potential for a human embryo to become an actual human person, a roughly predictable, naturalistic set of occurrences take place before every human birth. The process is also a fragile one as an injury to the would-be mother can end the pregnancy; genetic anomalies and an implantation anywhere other than the uterus can make it so that this potentiality never results in an actuality. Aristotle’s system also doesn’t explain the fragility of this process not just in humans, but in other organisms as well. It should therefore be clear that conclusions aforementioned have been firmly established and that if metaphysics remains a concern for philosophers, we have to do better than what Aristotle and his disciples rendered us.

Now to circle all the way back to Vallicella’s argument. Even if one were to grant the undeniable personhood of a fetus, either through the medium of Aristotelian metaphysics or another metaphysical framework altogether, there’s still the issue that the intentional killing of this person doesn’t constitute a murder. The pivotal error pro-choicers make is that they tend to define abortion and ignore what it’s being equated to. They should also consider the legal definition of murder, since Vallicella is alluding to the legal rather than the moral definition.

The killing of an embryo or fetus is done with intentions and motives altogether different from those underlying homicide, and as such, from a legal standpoint, it can’t be approached as murder or even a lesser offense like manslaughter. There is no degree of murder applicable to abortion; the intention and motive are not the same either, so even from a legal perspective, abortion is not murder. It would constitute an intentional killing of a different sort, of an even benevolent sort. Therefore, a woman who has an abortion can’t be tried and convicted as a murderer, neither can the doctor who performed the abortion. Let’s consider first degree murder. Premeditation is already an issue for Vallicella’s argument; the prosecution wouldn’t be able to argue that the mother had a malicious intent to kill this person. As for second degree, even though lacking the premeditation criterion, implies a reckless disregard for human life. The prosecution can’t accuse a woman of that either.

What’s more is that, if you were right in that a fetus is a person despite its viability, then restrictive policies would be the only choice we’d have. Like Vallicella’s argument implies, murder is treated in an extremely restrictive manner; even self-defense has to be established with no room for doubt. So if abortion were murder, it would be dealt with in like manner. So setting metaphysics and ethics aside, from a practical point of view, we should be wary of equating abortion with murder because we have dealt with the latter in a restrictive manner and we should know better, especially given the deadly consequences of such policies. So even if for solely practical reasons, we should shy from such equivalence even if it could be proven that abortion is murder. The issue here is that no pro-lifer has qualified that statement in any manner that doesn’t make for a bare assertion. Abortion is simply not murder and to think of women who have abortions as murderers is to misunderstand this issue altogether. What we should be addressing are the common motivations for seeking an abortion: poverty, domestic violence, lack of employment opportunity, and so on. I can go on, but I’ve probably overstayed my welcome as it is, so for the time being, I will leave this here.

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The featured image to this article was taken from https://www.ngv.vic.gov.au/explore/collection/work/4291/

The featured image to this article is Rembrandt’s Two Old Men Disputing (1628).

Cited Sources:

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On Defining Personhood

Before I proceed, a bit of required reading. The linked article speaks about purposeful change or purposeful modification, which can be defined as self-actualizing or -optimizing change. Kevin Tobia, a Graduate student at Yale University, speaks about a self emerging from change rather than the typical self people speak of, namely the self that persists despite change. Purposeful change involve changes resulting in self-discovery or becoming a better version of yourself, be it socially, morally, or what have you.

With that in mind, I think Tobia has, perhaps inadvertently, identified the marquee difference between even infants and fetuses, and has thus tilted the scales even more in favor of the pro-choice position. Fetuses cannot and do not purposefully change or modify themselves, and that’s mainly because they do not exist in the world and therefore, do not have access to the experiences and sensations serving as impetus for such change. Newborns, on the other hand, can and do purposefully change and modify simply because they do have access to the sensations and experiences in the world. There’s also the fact that the parents and relatives of the newborn have expectations of the kind of purposeful changes they’ve already observed in themselves and other people they know, and they can thus extrapolate from such experience and impose such expectations on their newborn.

This definitely sets aside Singer’s argument for infanticide because Tobia has identified a clear demarcator between fetuses and newborns. Purposeful modification is the key component of personhood. What makes for a person is the fact that people self-modify. People, specifically in the absence of psychological or cognitive issues, are concerned with improving themselves. They’re concerned with being better socially. The average teenager, for instance, has insecurities and awkward quirks, many of which they foresee overcoming as adults. Speaking for myself, a lot of awkward quirks in my teens are simply not there anymore and that’s because I’ve purposefully modified them over time; there was this sense of having to grow out of such behaviors. The same goes for the bulk of my insecurities. Rather than recede into a corner during social events, I am more often the guy at the center of room drawing everyone closer because I’m more confident, interesting, and unafraid to introduce myself and hold conversations about a milieu of topics. I’m sure that many of my readers, even the ones who disagree with the pro-choice position, can make similar observations about themselves.

Ultimately, Tobias has provided pro-cholcers with the key component of personhood. In fact, it is both necessary and sufficient to adequately define what is meant by a human person. Of course it goes beyond biology and genetics. It is not enough that a human person is genetically human and related to its parents. There is more that constitutes a person and purposeful modification is clearly the most important identifier of what a person is. This is precisely why fetuses are not persons and are thus exempt from the rights reserved to persons. They are most certainly exempt from receiving these rights because they cannot receive such rights over and above the would-be mother who has a propensity for purposeful modification. That of course leads us into the well-established argument from bodily autonomy, but an argument from purposeful modification is clearly sufficient to dispense with the pro-life position. Fetuses are no doubt genetically human, but they are not one in the same with a human person, and that is because they cannot and do not have the capacity for purposeful change.