Creation and Abortion
A Study in Moral and Legal Philosophy
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This book presents a new argument attacking the view that if the foetus has the moral standing of a person it has a right to life and abortion is impermissible. Most discussion of abortion has assumed that this premise is correct, and so has focused on the question of the personhood of the foetus. Frances Kamm, however, argues that abortion can be moral even if the foetus is indeed a person.
Based on a non-consequentialist ethical theory, this book critically examines the prevalent view that if a fetus has the moral standing of a person, it has a right to life and abortion is impermissible. Most discussion of abortion has assumed that this view is correct, and so has focused on the question of the personhood of the fetus. Kamm begins by considering in detail the permissibility of killing in non-abortion cases which are similar to abortion cases. She goes on to consider the case for the permissibility of abortion in many types of pregnancies, including ones resulting from rape, voluntary pregnancy, and pregnancy resulting from a voluntary sex act, even if the fetus is considered a person. This argument emerges as part of a broader theory of creating new people responsibly. Kamm explores the implications of this argument for informed consent to abortion; responsibilities in pregnancy that is not aborted, and the significance of extra-uterine gestation devices for the permissibility of abortion.
