Wednesday, August 26, 2020

Abortion and Animal Rights: Does Either Topic Lead to the Other?

What’s Wrong With Linking Abortion and Animal Rights?

Nathan Nobis, an Associate Professor of Philosophy at Morehouse College, kindly contributed the following piece to What’s Wrong?  Professor Nobis is the author of many articles and book chapters on topics concerning ethics and animals (e.g., vegetarianism, experimentation) and the ethics of abortion, an unpublished 2003 essay on the relations between these topics, and a review of a recent book on these topics’ intersections, which inspired this essay.  What’s Wrong? is grateful to Professor Nobis for permission to publish this original piece here.

Summary:

Should your views on abortion influence your views on animal rights? Should your views on the moral status of animals influence your views on the moral status of human fetuses?
Generally, no. Most arguments against abortion have no implications for animal rights and those that might seem to be poor arguments against abortion. And arguments for animal rights only have implications for rare, later abortions of conscious fetuses, not the majority of abortions that affect early, pre-conscious fetuses.
On the other sides, though, a common of objection to animal rights does support a pro-life view and an influential feminist pro-choice argument does suggest positive implications for animals, though.
Overall, the topic of abortion presents with an inherent complexity never analogously present in animal rights issues – the perspective of the pregnant woman whose life and body the fetus depends on – and so the issues are importantly distinct. 

Should people who believe in animal rights think that abortion is wrong? Should pro-lifers accept animal rights? If you think it’s wrong to kill fetuses to end pregnancies, should you also think it’s wrong to kill animals to, say, eat them? If you, say, oppose animal research, should you also oppose abortion?
Some argue ‘yes’ and others argue ‘no’ to either or both sets of questions.[1] The correct answer, however, seems to be, ‘it depends’: it depends on why someone accepts animal rights, and why someone thinks abortion is wrong: it depends on their reasons.
1. Animal Rights and Abortion Wrongs?
On some reasons, there is a clear connection between the topics.
If someone says abortion is wrong because fetuses are “living things,” or “organisms,” or “beings,” those reasons clearly apply to animals, since they too are living things, organisms and beings. If someone else says animals have (moral) rights because they are living, organisms or beings, those reasons apply to human fetuses: they are alive (abortion involves killing them, and you can’t kill non-living things), they are organisms (they are complex and developing) and they are beings (albeit dependent beings).
These arguments connect the topics: one argument leads to comparable conclusions for the other. If you think fetuses have rights, for those reasons, you should be inclined to think the same about animal rights, and vice versa.
These arguments are no good though. They both assume the premise that all living things, organisms and/or beings are wrong to kill. And that’s not true. Plants, mold, bacteria and many insects, like mosquitoes and gnats are not wrong to kill, at least.

These types of things aren’t even what’s called “prima facie” wrong to kill, meaning something like, “Wrong to kill unless there is a very good reason to kill it.” We, readers of this essay, are prima facie wrong to kill: if someone kills us, that’s wrong unless there’s a really good reason that justifies it. You don’t need areally good reason to kill a weed or a carrot, or some mold in your shower or a mosquito flying by.
So, these arguments connect the issues, but aren’t good arguments about either: one didn’t provide good reason to think that animals have rights, and the other doesn’t provide good reason to think that abortion is wrong.
2. Abortion Wrongs and Animal Rights?
Let’s consider some other arguments to seek a connection.
Let’s start with abortion and see what might lead us to animal rights. Considering why abortion might be prima facie wrong is useful since most people who claim that abortion is wrong deny that is absolutely or necessarilywrong: they acknowledge some cases where it is not wrong: to save the life of the pregnant woman and perhaps rape, at least. So even people who call themselves “pro-life” typically think abortion is prima facie wrong. But why? And what might their reasons suggest for whether animals have rights?
Abortion is sometimes said to be prima facie wrong simply because fetuses are human. If ‘human’ means, biologically human then that argument just isn’t going to apply to non-human animals, whether it’s a good argument against abortion or not. And it’s not: random biologically human cells and tissues are not even prima facie wrong to kill either: it wouldn’t be wrong to kill a smear of living human cheek cells cultivated in a petri dish, for example.
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A more sophisticated argument is that abortion is prima facie wrong because fetuses are biologically human organisms: they are not random clumps of cells, but special cells that can develop into someone much like us (and so, some argue, they are someone like us now). Another argument is that abortion is prima facie wrong because fetuses are the “kind” of being that is a rational moral agent: a feline or bovine fetus, in contrast, is not that “kind” of being.
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Deciding whether these arguments are good or not requires some careful thinking. We can avoid that for now since these arguments don’t connect the topics: non-human animals are not biologically human organisms and they likely are not rational moral agents or that “kind” of being. No argument that restricts serious moral concern only to humans or their unique abilities will connect to non-humans.
Another argument begins with the safe assumption that it is wrong to kill and act violently towards innocent and vulnerable beings. Since fetuses are innocent and vulnerable, killing them by abortion is wrong, so some argue.
This argument seems to apply to many animals, who are clearly innocent and vulnerable. Farm animals fearfully trying to escape from workers trying to kill them are clearly vulnerable beings: they are vulnerable to all sorts of physical and emotional harms. If this argument inclines anyone to think that the abuse of vulnerable and innocent animals is wrong and should stop, more power to it. (Some “pro-lifers” might resist though, claiming that their serious moral concern is only for innocent and vulnerable human life, not any and all innocent and vulnerable lives, not all victims of violence. We must ask what, if anything, might justify this speciesist prejudice, and that might be a long conversation, and we might conclude that this is an unjustified prejudice. But, we should notice that this new argument about abortion – now only concerning innocent, vulnerable humans – no longer has implications for non-human animals: it doesn’t connect the topics.)
While it is true that innocent and vulnerable beings should be protected – that’s a moral near-certainty – are fetuses really innocent and vulnerable, despite what people often say?
Innocent” seems to mean something like “capable of intentionally doing wrong, but not doing wrong and so not deserving ill treatment.” But fetuses, especially early fetuses, aren’t capable of doing wrong, since they can’t intentionally do anything, especially anything with moral dimensions. Fetuses seem to be neither innocent nor not: the concept just doesn’t apply to them. (It’s doubtful that animals can be morally blameworthy, but they are often called ‘innocent’ when they haven’t done anything that’s dangerous to others: this suggests that being capable of doing things is necessary for ‘innocence’).
Are fetuses “vulnerable”? Recall the image of animals in fear, trying to evade their killers. Imagine a child cowering in fear, covering her head to shield herself from blows from an abusive parent. These are paradigm instances of the abuse of a vulnerable being: they reveal vulnerability.
Are abortions like that? Are early abortions, of early fetuses, like that? More detailed information about the development of fetal consciousness and the potential for fetal pain will be given below, but at least early fetuses are not yet conscious and are not able to feel anything: their brains and nervous systems are not yet developed for that. Given what fetuses are like, at early stages, to call them “vulnerable” may be a stretch of the term: what are they vulnerable to? At least, they are very different from the clearly vulnerable animal or child examples above in that they physically and emotionally experience their abuse. Early fetuses don’t experience anything, yet. So, while animals can be described as innocent and vulnerable, it is unclear that those concepts apply to early fetuses.
Some argue that fetuses are persons (from conception?) and so abortion is prima facie wrong. While persons are prima facie wrong to kill, we need to ask what is meant by ‘person’. Some respond, ‘human being,’ which is not going to lead anywhere for animal rights. More thoughtful answers recognize that there are, or could be, divine persons and extra-terrestrial persons: in science fiction, humans interact with friendly and intelligent extra-terrestrials as their moral equals (as they would be). And a human body can remain biologically alive but the person gone: this is why being alive in a permanent coma is not much better than being dead, if that individual’s consciousness will never return.
What are persons, then, on this account? Roughly, beings with personalities: conscious, feeling beings with abilities to perceive, reason (in some manner and at some level), have emotions, communicate, a sense of self and so on. The idea is that personhood is determined by one’s psychology and so personhood could, and perhaps does, emerge in bodies that are not human: if there is a God, personhood occurs in a being without a body at all.
This definition of personhood arguably applies to many animals: they have thoughts, feelings, memories, anticipations and unique personalities tying all these psychological states and abilities together. Are cats and dogs and cows and pigs more “like us,” as persons, or are they more like carrots or rocks, clearly non-persons? If “like us,” then perhaps they are closer to being persons than many suspected.
Whether this theory of personhood applies to fetuses, whether and when they are persons, depends on what they are like in terms of their cognitive, mental or psychological development. Here is some relevant information:
Source: Brad Smith at http://embryo.soad.umich.edu/carnStages/carnStages.html 
There is room for informed empirical debate these issues, and the CDC numbers are limited to the United States. But this information suggests that most aborted fetuses are, fortunately, not conscious and can’t feel anything and that these fetuses are not persons, on a psychological definition. Early abortions involve killing biologically human beings, but not human persons:potential persons (discussed below), yes; human organisms, yes; beings of the “kind” rational moral agent, yes: but recall that these arguments don’t apply to animals.
(Another view is that persons are intrinsically valuable beings. This is a fine answer, but we must ask who or what has that type of value and why – what makes a being have that type of value – and that takes us back to the answers we are discussing here).
If fetuses aren’t persons, they are potential persons, and that makes abortion wrong, some argue. Insofar as most animals whose rights in question are, arguably, already actual persons – on the psychological definition of personhood – that would imply that they are not potential persons: if you are actually something, you aren’t potentially that same thing. So any proposal for how potential persons should be treated won’t apply to actual persons: again, there’s no connection. (The other premise of the argument though, that potential persons have the rights of actual persons, such as the right to life, is doubtful since potential beings [potential doctors, lawyers, presidents, parents, adults, spouses, senior citizens, and on] never have the rights of actual beings of that kind, in virtue of that potential. Arguments against abortion from potential personhood are doubtful).
Finally, some might respond that these above arguments evade the simple point that abortions seriously harm fetuses, and so abortions are wrong. Causing serious harms is prima facie wrong, and animals clearly can be (and are) harmed: the idea of cruelty to animals and calls for the “humane” treatment of animals presume that animals can be harmed, and that certain harms must be minimized. So this type of argument connects the issues.
But are early, pre-conscious fetuses harmed when aborted? Some might quickly react that they are obviously are, since they are destroyed and killed. Thinking through the nature of “harm” though suggests perhaps otherwise. Think about all the ways you can be harmed: physically, emotionally, cognitively, financially, and more. In each case, you are always made worse off, in some important way,compared to how you were: something happened and now, from your perspective, you are worse off. This suggests that to be harmed, one needs a perspective that can take a turn for the worse. But pre-conscious fetuses have no perspective: they are not aware of anything, yet. So, it seems that they cannot be made worse off, compared to how they were, since they never “were” in a conscious way. Later conscious and feeling fetuses can be harmed, but not early fetuses, it seems.
In reply, it must be observed that abortion usually results in a future person not being born: because of an abortion, there is some future individual who does not exist. While that’s true, it is surely not wrong to not reproduce and contraception, including by abstinence, prevents the existence of future people. But we don’t usually think of that as harmful: who would it harm? Someone who doesn’t yet exist? Since it’s not wrong to not bring future people into the world, that abortion has this same result wouldn’t make it wrong either.
To conclude, these are a few common arguments that abortion is wrong. Some of these arguments don’t connect to animal rights: human– and moral agent-based arguments, at least. Arguments from innocence and vulnerability and psychological personhood might support animal rights. But we saw that these may not be very strong arguments about abortion, at least early abortions, since these early fetuses might not really be innocent, or vulnerable or persons, given what they are like and the nature of these concepts. These doubtful arguments about abortion might support animal rights though, nevertheless.
These are just a few arguments about abortion though, quickly discussed, and none of them were theological or religious-based. Further arguments could, and should, be investigated to seek connections from anti-abortion arguments to pro-animal arguments: maybe a strong argument would be found that connects the issues.
3. Animal Rights?
Now let’s go the other direction and consider some arguments about animal rights to see if they lead us to think that abortion is wrong.
Cases for moral rights for animals or, more generally, views that it is wrong to seriously harm animals for food, experimentation, entertainment and other purposes – this this view can be stated without mentioning ‘rights’ – depend on the observation that many animals have minds: they are conscious, are aware, and can feel pain and can suffer. This is true of mammals and birds, likely all vertebrates (including fish) and perhaps some invertebrates also. These animals also have positive feelings: pleasure, happiness and other positive emotions. And they are not disconnected blips of consciousness: they are psychologically unified by memories, anticipations, knowledge, social relationships and distinct personalities. They are individuals: each is a someone not a something.
Combine those facts about animals’ minds with many plausible moral theories or principles and we are on our way to an animal-rights-like view. That theory might be utilitarian-related and concerned with the pleasures and pains of all beings who can experience such feelings, not just humans. Or it might be Kantian and emphasize treating all conscious beings as ends-in-themselves, not just rational beings. Or it might, as a Golden Rule and John Rawls require, demand that we treat others in ways we would be willing to be treated, seeing things from their perspectives as best we can. There are many moral-theoretical options to justify the belief that conscious animals have basic rights to avoiding pain and suffering, rights from other types of harms and, most importantly, rights to their own bodies and lives.
4. Animal Rights and Early Fetuses’ Rights?
Our purpose here isn’t to defend animal rights though. It’s to see what animal-rights arguments imply or suggest for human fetuses and abortion. Is there a connection?
Not really.
Animal rights principles apply to conscious, feeling beings – sentient beings – and early, first trimester fetuses are not that. According to the information above about fetal consciousness and when most abortions occur, most aborted fetuses are not yet conscious and so can’t feel anything.
So should animal rights advocates oppose early abortions? Not for any plausible reasons they give to think that animals have rights, since those reasons just don’t apply to early fetuses. If someone thought that animals have rights because they are “life,” as we saw above, this implies that vegetables and plants and mold and bacteria have rights, a conclusion that animal advocates and anyone else sensibly rejects. So, if and when animal rights advocates are pro-life about early abortions, it wouldn’t be for animal-rights or, more generally,conscious-or-sentient-being-rights-related reasons: it’d have to be another argument.
Some mistakenly argue that animal rights arguments positively imply that fetuses lack rights. They offer this charge against animal rights advocates:
You think that if a being is conscious and feeling, then it has rights. But you say early fetuses are not conscious and feeling. So you must think that they don’t have rights.
But this argument is logically invalid, “denying the antecedent,” just like this argument:
You think that if Eve goes to State College, then Eve is a college student. But you know that Eve doesn’t go to State College. Therefore, you must think Eve is not a college student.
Since Eve could attend a private college, that means the premises could be true but the conclusion false. So, these premises do not lead to the conclusion or justify it, and this pattern of reasoning is never good.
In sum, plausible animal rights arguments don’t justify thinking that early fetuses have rights or, importantly, that they lack rights: they are neutral on the issue and so further arguments are needed to go either way on abortion, pro-choice or pro-life.
5. Animal Rights and Later Fetuses’ Rights?
Later abortions, affecting conscious and feeling fetuses, are a different issue, however.
Obviously we don’t know what it’s like to be a fetus, but being killed in an abortion would surely feel horrific, to say the least. According to moral principles that motivate animal rights, causing this type of pain would surely be wrong unless done for a very good reason, and so animal rights-related thinking seems to reject any possible pro-choice views that claim that abortions are nearly necessarily morally permissible, that an abortion just could never be morally wrong, even if done very late in pregnancy and for frivolous reasons.
What might a good reason be to painfully abort a conscious, feeling fetus? At least, if this type of abortion was required to save the pregnant woman’s life or prevent other harms to her as bad or worse than the harms to the fetus from this type of abortion, then that would be a good reason, it seems.
Fortunately, the numbers above suggest that relatively few abortions are of conscious, sentient fetuses: just a small percentage, perhaps a bit more if fetal consciousness develops earlier. These abortions are often performed because of serious disabilities found in the fetus: it is doubtful that women have later abortions for anything other than serious reasons. Regardless, the frequency of these later abortions could surely be reduced if early abortions were more readily available.
What else might be a good reason to potentially justify a later term abortion? Or who else?
Absent from our discussion so far has been the pregnant woman: she tends to be overlooked by anti-abortion arguments, which have been our focus. Obviously though, the fetus is developing in her body and will be making major demands on her and her body over pregnancy and birth.
Would a fetus have a right to her body, especially if that fetus was conscious and feeling? Philosopher Judith Thompson, in her famous 1971 “A Defense of Abortion” article, observed that other people don’t rights to our bodies, even if they need our bodies to stay alive: you don’t have a right to my kidney, even if you need it to live, and I don’t violate your rights if you die because I don’t give it to you. Fetuses, even if they were persons with the right to life, might not have a right to pregnant women’s bodies, and pregnant women have a right to not allow fetuses to use their bodies. This fact complicates later abortions and simplifies earlier ones: the emergence of fetal consciousness doesn’t make later abortions straightforwardly wrong, and women’s rights to their bodies makes early abortions more easily permissible.
It’s useful here to compare animal and fetal rights. It’s easy to respect animals’ rights: just don’t shoot them to hang their heads on the wall, don’t electrocute them to turn them into fur coats, don’t infect them with diseases, don’t kill them to eat them. Animals’ rights, mainly, are negative rights: basically, just leave them alone. Fetuses’ rights, in contrast, would be positive rights: rights to various benefits and forms of assistance from the women they are inside of. A pregnant woman surely does not just “leave the fetus alone” over the course of pregnancy and childbirth, so to speak: she has to put in a lot of physical and emotional effort and energy, to say the least. And a pregnant woman might not be willing, for many reasons, to provide those benefits to a fetus, given all that’s involved. If Thompson is correct, the fetus has no right to these benefits, even if they are necessary for his or her life to continue, and the pregnant woman has a right to not provide them: until there are artificial wombs to transplant unwanted fetuses into, a woman has a moral right to an abortion.
These considerations about rights provide further reason to think that early abortions are morally permissible, beyond the inability of the above arguments to show that early abortions are wrong. It also provides another reason to think that later abortions, even of conscious and feeling fetuses, could be morally permissible. But we need to be cautious here: again, even if you need my kidney to stay alive, I have a right to my kidney. If, however, somehow you need my kidney to avoid being brutally tortured to death, I may be morally obligated to give you my kidney, whether you have a right to it or not (and maybe you would?!). And so if any later abortions are like that, for feeling fetuses, concern for their pain and suffering – if it is present – might trump a woman’s rights here. The best response about this concern seems to be to ensure that this conflict of rights doesn’t arise, by ensuring that any abortions happen early in pregnancy, before fetuses are conscious and can feel pain. And it might prompt developing methods to ensure that any later abortions are painless.
In sum, animal rights principles don’t condemn early abortions and they don’t necessarily condemn later abortions either. The perspectives and rights of the pregnant woman make the issues complex in ways that we never see with animal rights issues: in thinking about animal farming and slaughter, or experimentation, we confront animals as individuals. When they are in pairs or groups, such as mother and offspring, there never is a conflict of rights or ideal outcomes: what’s best for one is always best for all. Abortion is not like that, by design.
6. Anti-Animal Rights and Pro-Life?
To ensure that our discussion is complete, we shouldn’t forget that there are animal rights advocates and animal rights critics. Do any of the critics’ arguments have any implications for abortion?
Yes. Some arguments emphasize that animals don’t contribute to (human) culture, lack intellectual accomplishments and don’t comprehend the idea of rights, and these concerns seem applicable to human fetuses also. But since they also apply to many children and adults also, these are poor objections to animal rights.
A more challenging argument against animal rights that claims that that animals lack rights because they are not human and/or because they are not the “kind” of being that’s rational moral agent. These arguments’ advocates don’t seem to notice that these arguments seem to imply that fetuses have rights, insofar as they are human and the kind of being that’s a rational moral agent. So, to avoid animal rights, some people embrace an argument that seems to have “pro-life” implications, which they don’t realize. Most people don’t think that to consistently avoid thinking that animals have rights, they must think that abortion is wrong. And they need not. That this objection to animal rights has this result shows that it is not a good objection to animal rights. (This argument is developed in my “Tom Regan on ‘Kind’ Arguments against Animal Rights and for Human Rights” in The Moral Rights of Animals).
There may be other connections, but I will leave it to critics of animal rights to see what other implications their arguments might have for abortion.
7. Pro-Choice and Animal Rights?
Finally, do any of the reasons given to be pro-choice imply anything positive for animals?
There are many types of reasons to think that abortion is not wrong and many of them have no implications for animals: for examples, arguments that abortion is not wrong because fetuses are not human beings or not conscious or that they are not persons have no implications for animals. Arguing that early fetuses lack the right to life because they don’t have any desires for the future won’t clearly apply to animals since they have some present desires that drift into the future. So some pro-choice arguments don’t have any implications for animals.
Arguments for abortion based on women’s rights, discussed above, suggest profound implications for animals, however. These arguments recognize that pregnancy, childbirth and parenthood are unique and profound experiences for nearly all women who experience them. Even when wanted, these are physically and emotionally challenging, life-altering events. And these aren’t just things that happen, passively, to a woman: she is actively engaged in making them; she is part of them and they become her and she will never be the same.
Female animals who are mothers very likely have some similar experiences and feelings. There are obviously very important differences in the experiences of human and non-human mothers, but the simple and clear point is this: animal mothers love their babies. Cows used in dairy production (female, obviously) clearly grieve when their calves are forcibly taken from them so that they don’t drink their own mother’s milk, biologically meant for them: this is kidnapping and theft, so human beings can drink that calves’ milk. And a “mother hen” is not just some made up phrase: she cares for her chicks, and they care for her. Animals change when they have babies.

Pro-choice thinkers emphasize that it should be a woman’s choice to have maternal experiences, that whether she has these experiences should be under her control. This control includes the choice to not have these experiences (at least at this time, in this situation) and so abortion should be allowed, they argue. This impulse for reproductive and maternal control should, arguably, extend to female animals used in, for examples, the dairy and egg industries and some animal research. Female animals used in industries are typically forcibly impregnated. Dairy cows lose their calves and will fight to keep them. Hens don’t get to nest with their eggs; they don’t get to see their eggs hatch; they don’t get to watch over their chicks. Some scientific research disrupts mother and offspring relations: remember Harlow’s monkeys?
Female animals and their offspring endure many unique and specific harms in virtue of being female. Their reproduction and maternal experience is controlled by human choices which result in bad experiences and outcomes for animal mothers and their offspring. A certain type of feminist thinking about abortion should lead to an animal rights-like view, initially about certain harms to female animals. Fairness and empathy should then lead to concerns for any conscious and feeling animals, female or male: that is, unless there is some relevant difference here that would justify discrimination against female animals which, of course, there isn’t. And one hopes that people opposed to discrimination against women and girls would be opposed to unfair discrimination wherever it is found, whether its victims are human or non-human, female or male, mother or child.
8.  Conclusion
In sum, we have discussed two controversial issues: abortion and animal rights. Not all issues are controversial though: it is uncontroversial that it is prima facie wrong to kill human beings. If asked why this is so, however, many would quickly respond, “Because they are human!” But this answer takes us back to controversies, since (biologically) human fetuses are human and it’s debatable whether it’s wrong to kill them, and non-human animals are clearly not human and it’s debatable whether it is wrong to kill them also. ‘Human’ then, seems to not be much of a moral explanation.
Here we have explored some potentially deeper explanations about each topic, some more sophisticated arguments, trying to see if any reasons given in favor of views on one topic clearly extend to the other topic. Generally, with a few exceptions, they don’t. That means that one’s views about one topic generally needn’t be determined by one’s views about the other. Even when some connections or implications are suggested, there are ways to avoid these suggestions, given the differences between the issues. Whether all those ways of resisting a suggested implication of one’s moral principles are rational or intellectually responsible, we would have to see. By developing our skills at doing just that would surely improve our skills at theorizing and arguing about both animal rights and abortion and continuing to try to discern what to think about these issues individually, in relation to each other and, potentially, in relation to other pressing ethical and social issues.[3]
NOTES
[1] For arguments that pro-lifers should accept animal rights, see, e.g., Matthew Scully, “Pro-Life, Pro-Animal,” The National Review, October 7, 2013 and an interview with Charles Camosy, “Should Every Pro-lifer be a Vegetarian?”National Review Interviews, October 21, 2013. For arguments that animal rights advocates, or vegetarians, should be pro-life, see, e.g., Mary Eberstadt, “Pro-Animal, Pro-Life,” First Things 194 (2009): 15. Charles Camosy suggests that the values supporting pro-life and animal rights positions are similar or shared in “Outraged over Cecil the lion? It may help you understand the rage over Planned Parenthood,” LA Times, July 30, 2015. For further discussion, including of feminist arguments concerning both abortion and animal rights, see Abbate, C. E. (2015), “Adventures in Moral Consistency: How to Develop an Abortion Ethic through an Animal Rights Framework,” Ethical Theory and Moral Practice18(1), 145-164; Jenni, K. (1994), “Dilemmas in social philosophy: abortion and animal rights,” Social Theory and Practice20(1), 59-83; and Colb, S., & Dorf, M. (2016), Beating Hearts: Abortion and Animal Rights, Columbia University Press. See my 6/25/16 review of Colb and Dorf at Notre Dame Philosophy Reviews at https://ndpr.nd.edu/news/67959-beating-hearts-abortion-and-animal-rights/which inspired this essay.
[2] See Lee, S. J., Ralston, H. J. P., Drey, E. A., Partridge, J. C., & Rosen, M. A. (2005). “Fetal Pain: A Systematic Multidisciplinary Review of the Evidence,”Jama294(8), 947-954; Benatar, D. and Benatar, M. (2001), “A Pain in the Fetus: Toward Ending Confusion about Fetal Pain,” Bioethics, 15: 57–76. doi: 10.1111/1467-8519.00212; and Abbate, C. E. (2015), “Adventures in Moral Consistency: How to Develop an Abortion Ethic through an Animal Rights Framework,” Ethical Theory and Moral Practice18(1), 145-164

Sunday, August 23, 2020

Are Pro-Choicers Irrational (for Only Encouraging Voting)?

What can people do to help ensure that women have the legal right to abortion and that abortion access is available?

By and large, the only suggestion that pro-choice organizations and people offer is this: vote!

Voting surely is a good idea and is a necessary part of an effective strategy, but it surely is not sufficient: it's not enough. 

Yet, pro-choice people tend to offer nothing else beyond voting to try to help advance their cause. Why is that?

I think it's this: pro-choice people tend to be irrational

Let me explain. 

There are a variety of ways that people can be irrational. 

One way is to use ineffective means toward your ends: e.g., if you rent a car to take a trip across the ocean, you are irrational

Another way is to have false beliefs that you would recognize as false if you thought about them carefully enough

Both of these are relevant here. 

First, I think pro-choicers often accept an assumption like this, at least as it relates to abortion: 

  • if things have been a certain way, they will and must stay that way. 

This motivates thinking that since abortion has been legal it will remain legal, that since abortion has been broadly socially accepted it will remain so, and that if people have had access to abortion they will continue to have access, and so on. (In some ways, these assumptions can be seen as related to "status quo bias.")

But the general assumption - that things won't and can't change - is false. That's obvious. 

People and organizations who oppose abortion have recognized that change is possible and have been working hard to try to make it happen, from the ground up: they've got "educational" campaigns of many types, all kinds of "trainings" to get people involved and help them better engage the issues and advocate for their point of view, books and webpages geared towards general audiences, "think tanks" to advance their goals and influence policy, and more. They are working for change. 

Pro-choice advocates, however, seem to have been mostly "asleep at the wheel," assuming that things won't and can't change on these issues and making almost no efforts to prevent that change or lessen its chances. So:

All and all, it seems like very little has been done to try to prevent where we are at or headed now. This is all despite the fact that there are really good ethical and legal arguments for a broadly pro-choice perspective. 

That's not smart, not effective, and not working.

I'll add that a related assumption that may be motivating this do-nothing or do-nothing-effective approach is this:

  • if you've got the dominant view, you'll always have it. 

In general, people with dominant views don't go out to defend their views or shore them up: they just take them for granted and assume the status quo will remain. Think about, say, meat-eaters: thinking there's nothing wrong with eating meat (and so eating meat) is the dominant view: the NY Times had to run a contest for people to try to come up with anything like a decent argument for the ethical acceptability of eating meat, given all the ethical arguments against it. People who hold socially-dominant views don't defend their views unless and until the time comes and they really have to, and then they are often caught off guard. And pro-choice people and organizations are indeed off guard, or so it seems. 

So, what can be done about this?

My general suggestions relate to education-related activities and outreach, although surely there are other responses. Knowledge is some power, so at least recognizing this deficiency in knowledge and understanding is a start. Pro-choicers should, at least, learn what types of educational activities critics of abortion offer, and seek to meet and match those activities.

Pro-choicers should increase their own knowledge and understand of the issues. IMHO, one of the best lines of our book is this:

. . people who believe that abortion is generally not morally wrong and should be legal are correct, [but] they sometimes don’t offer very good reasons to think this.

Too many pro-choice people give bad arguments for their views: what they say shows that their understanding is, well, not very deep: they rely on slogans and memes and foot-stomping, which won't do. Knowing more about the issues and arguments, especially the details and dialectic of the arguments, would help pro-choice advocates better engage other people - many of whom are, contrary to false assumptions, good-willed, interested to learn, and persuadable - and become more persuasive. 

Pro-choice advocates might not much engage people they disagree with in part because they don't know how to productively do that: they just don't know enough about the details of the issues, and they don't really know what people who disagree with them really think and how to engage in fruitful dialogue on the issues. But they can learn, and they really should: they need to better learn to get beyond their bubble. They should also recognize the potential for some plausible and reasonable compromises: those who oppose abortion do have some reasonable concerns that pro-choicers really should recognize. 

Pro-choice advocates not much engage people who disagree with them also contributes to a kind of groupthink among pro-choice advocates, which does no good: for one, it results in what few attempts at persuasion there are being acceptable only to those who are already pro-choice. It also contributes to a cult-like mentality, that anyone must agree with everything some person or organization says in order to be a broadly pro-choice person (and/or somehow agree with what each and every woman says on these issues, as if women don't sometimes disagree on some of the details): this doesn't allow for much, if any, diversity in viewpoints, which is bad. 

Engaging these few suggestions here would help increase the rationality of pro-choice advocates. They'd better identifying their goals and a range of potentially effective means to work towards those goals. Reflecting on their assumptions would reveal beliefs that they'd want to revise to improve their own understanding and to improve their abilities to positively engage with other people. It'd result in their understanding the issues in deeper ways, and so hold their views in more reasonable or rational ways, which would improve communication and persuasion. 

This final suggestion would also help in engaging with and revealing the irrationality of most opposition to most abortions. Our Thinking Critically About Abortion focuses on the common and philosophical arguments against abortion and, at least, makes a strong initial case that those arguments do not succeed: indeed many of them clearly and obviously fail (as many common pro-choice arguments fail also). Critics of abortion tend toward a more profound irrationality insofar as they accept bad arguments and hold their views for reasons that are just not good (and, unlike pro-choicers, there just aren't great arguments against most abortions): for one, too many of them are naively focused on "when life begins" and whether fetuses are "human." It would be rational for pro-choice advocates to be better able to show this and educate people on this: surely that would benefit their cause. 

In sum, current efforts aren't enough: they aren't working, given broadly pro-choice goals. People can do better - and they can do more than just vote on the issues - and they should: that's the rational response to these challenges. Will they? When and how, since people will want to get involved? If not, why not?

Finally, the themes here are relevant to many social movements that are seeking good change or seeking to preserve good progress. Groups and advocates can reflectively and thoughtfully try to seek their goals or not--or they can do that more or less--and surely the "not" and "less" options aren't the best and so they should do better. 

P.S. Another not uncommon response to these issues from some pro-choice people is to "stick their heads in the sand," so to speak, and declare things like "Abortion is not up for debate!" "Women's rights are not up for debate!" "There will be no compromise!" "We don't debate slavery and so we don't debate abortion!" and the like. 

There are some interesting things to think about concerning these sorts of responses: for example, are anti-abortion arguments really as bad as arguments for slavery? Arguments for slavery aren't taught in classes as "live arguments" potentially worthy of belief, but it is very common to review arguments against abortion, on the thought that there is at least something plausible about them and so they are worthy of review: is this mistaken? (For many reasons, I don't think so). 

But the big question about these head in the sand responses is this: how's this working? Is saying things like this making the issue go away? Does saying things like this help protect legal rights when they are under attack?

Clearly not. 

Does any other "progressive" movement think that it can "win" with these kinds of "we won't engage the issues" approaches? 

No. 

So, again, why do people say things like this? I develop an answer here.