A Dialogue Concerning Abortion

Alexander Blackstone (Nom de Plume)

 

Yesterday I attended a friend’s birthday party and witnessed a fascinating discussion among friends. There, around a table with beers and tapas, John met Charles and they began to chat about their lives, the world and about South Dakota. The coming elections fell into the subject of conversation and soon after the referendum concerning abortion.

(1) Charles obviously regards John as a sensible man, mindful of other people’s rights, because he looked surprised when John stated that he supports the legalization of abortion because, although he personally opposes it, he may not impose his opinion on other people.

When Charles heard this, he was perplexed, because that is precisely what all laws, and especially criminal laws, do, to impose an opinion about what is right and wrong on all those who are subject to the legislator. So, he just stated this point, which he thought would be plain enough so as not to require further argument. But John replied that only the people can do that, to impose a criminal law. Charles did not understand well what he meant, and observed: “but, dear John, most of the laws are passed by legislators that are not directly the people. Moreover, even if your statement were true, precisely in the referendum you could join the majority of the people and reject the proposed legalization of abortion. If the abortionist can impose the legalization on us, well, why can’t we impose its rejection on them?”

But Charles decided not to get entangled on that question, and proceeded to give some examples. “Let us suppose that a part of the population thinks that handicapped born children should be killed or at least it should be allowed to kill them; or that some dangerous ethnic minority should be suppressed. Why are we allowed to impose our opinion on them by establishing as a crime any instance of killing an innocent human being? As I was saying in the beginning, every criminal law does just that. So, the argument that I cannot impose my opinion on other people is just a non-argument, because it just ignores the very nature of criminal law.”

(2) At this point, John pushed the discussion on another direction. His objection was the following: “who can tell who the innocent human beings are? You, pro-lifers support wars, and weapons and the death penalty.” To this, Charles replied: “Oh, John, in discussions about morality and law we have to avoid mixing everything up. For example: in a just war the action of a soldier killing an enemy combatant is not murder, even if the enemy has not been found guilty of any crime. Also, in case of legitimate self defence, a person may kill the aggressor, even if the aggressor has not been found guilty of any crime. One cannot discuss one moral issue by mixing it with infinite different issues.  But now I will answer your concrete question: Exodus (23:7) teaches us: ‘do not kill the innocent or the righteous, for I will not acquit the guilty.’ This means, nobody who has not been found guilty of a crime punishable with death may be killed, except when the matter of the action changes its moral nature. So, who determines whether a person is ‘innocent’ or ‘guilty’?, you ask. And the answer is: ‘the competent judge or jury.’ This means that if the zygote or the embryo or the fetus is a human being it is illicit to directly kill it, because it is obvious that he or she has not committed any crime punishable by human law with death.”

(3) While Charles was speaking, John became a bit agitated. He shot two replies in one breath: “but then, what, the mother has to die if the pregnancy is dangerous for her? And, are you so extreme that you think that human life starts at conception?” Charles became uncomfortable because he knew that this kind of discussion can get out of hand when one of the participants starts to shoot epithets at the other. So, he first replied: “My friend, John. We are reasoning together. So, we should give arguments. But naming names is not an argument. Whether the zygote is a human being or not is not a matter of being ‘extreme’ or ‘moderate,’ but an ontological matter that must be established rationally. We will try to do that in a moment. But let us first turn to the other issue, the danger for the mother’s life. Nobody in the whole history of medicine has ever thought that indirectly killing a zygote, embryo or fetus is an illicit action. That is why I used the word directly earlier. What do I mean? I mean that if the mother has a true medical condition that seriously threatens her life, such condition may be attended by the doctors in the best way to prevent her death, even if they know that doing so might (or even almost certainly will) cause the death of the zygote, embryo or fetus. A common case that all doctors encounter is that of the ectopic pregnancy. There is no moral doctrine that forbids removing the sick trump so as to prevent the deadly bleeding of the mother, even if the embryo will die. Some doctors wait as long as possible, just in case the embryo migrates, but nobody holds that such removal is illicit. The reason is because the intent is not to kill the baby, but to heal the mother. The death of the embryo is a collateral damage. Other examples might be mothers with intermediate cancer who cannot wait to be treated after all the months of pregnancy remaining. They may choose to be treated, although they know that the baby will probably die. Of course, there are mothers who choose to wait so that the baby can live, but they are not obliged to do so.”

(4) “Regarding the other point, when life begins, I would like to start by mentioning Peter Singer.” John, in hearing the name, said: “Ah, I know, he is the defender of the animals’ rights.” To which Charles replied: “so he claims, at least. He is also one of the most rational apologists of the liceity of abortion. Well, according to him, it is absolutely indefensible to claim that abortion does not kill innocent human beings. So, the only way to defend that abortion is licit is to postulate that it is not always illicit to kill an innocent human being.[1] But that is a terrible statement. Do you agree with it?” To this, John replied: “Oh, no, I do not agree with it! But why would it be indefensible that abortion does not kill innocent human beings?” Charles continued: “That the non-born cannot be guilty of a crime punishable with death by human authorities is obvious. So, what we need to prove is that it is a human being. Life begins at conception.” To this, John replied very excitedly: “Well, of course life exists before conception! The sperm and the egg are alive!” “Oh, you are right, said Charles, but they are not a new individual human being. They are just reproductive cells of the parents. But if a sperm fertilizes the egg and is fused to it to form a zygote, then, something marvelous begins. It is the formation of a new individual of the human species.”

(5) “How is that,?” replied John. “Isn’t it true that St. Aquinas held that human life started at week 12 of the pregnancy, approximately?” “Oh, yes!”, interjected Charles. “You are right! But that was so because he and Aristotle did not have the microscope. They did not know that the woman is not passive in procreation, that she has a reproductive cell, the egg, which is actually more important than the male’s procreation cell. And they did not know that the zygote possesses a structure that is specifically human. They thought that week 12 was the important mark because they were able to see with their eyes all the specific parts of the organic human body. Today we know that there are specific parts of an organic human body from conception on, they are the parts specific to an embryonic human being, which possesses a natural teleology towards maturity, towards becoming an adult totally distinguished from the parents, and that is already totally distinct from them in its genetic structure and in all the other aspects of its being. There is no serious person today that denies that the moment in which the life of a new human individual starts is conception.”

(6) To this John replied: “But there are thousands of eggs and sperms that are lost and also many  zygotes without the mom even noticing. So, the world would be a very cruel place.” Charles looked at his friend and said: “Well, that is a sensible comment. But see, first, we have agreed that eggs and sperms are not individual human beings. So, their death is not the death of a human being. Second, I think that the number of spontaneous miscarriages is exaggerated by those who defend abortion, although nowadays it may be much higher than in past ages, because the contraceptive pill produces sometimes a hardening of the uterus that makes more difficult the nestling of the embryo. However, the main reason why your observation does not affect our discussion is because we are examining whether it is licit for a human being to kill an innocent human being, we are not discussing why God allows that many embryos die naturally.”

(7) At this point John looked serious, and then asked: “if that is so, how does people like Peter Singer defend abortion?” “Oh, John,” said Charles, “that is a hard question. The reason he gives is that to say that human beings are ‘persons,’ endowed with dignity and the right to life, just for belonging to the species homo sapiens, to say that, according to him, constitutes the vice of speciesism, of thinking that our own species is the center and summit of reality. Well, Singer totally misrepresents what our forefathers, who rejected abortion, believed. They did not think that human beings were the summit and center of reality. On the contrary, they thought that God is the summit and center of reality and that there are many other kinds of persons that are not humans and are above our species: the divine persons and the angels. But Singer’s opinion is such a violation of the golden rule of morality (“do nothing to others you would not have done to you”) that it has seemed to me since long ago a demonically inspired opinion. Singer hates humanity and proposes to legalize not only abortion but also infanticide, up to the age of one year and a half.”

(8) “Well,” said John after a brief pause. “Your last comments show that you are mixing religion and politics, Church and State. What has God to do with any of this?” Charles was a bit taken aback by this reply, but after thinking for a moment, he said: “Do you know, John, that the great founder of Western medicine, Hippocrates, introduced an oath that until very recently all medical doctors took very seriously?” “Of course!”, John replied, “who does not know that!” “But, do you know,” continued Charles, “the text of such oath? I will read some excerpts of it to you. Wait a moment until I find it in a trustworthy edition. Here:

Ι swear by Apollo Physician, by Asclepius, by Health, by Panacea and by all the gods and goddesses, making them my witnesses, that I will carry out, according to my ability and judgment, this oath and this indenture. […] I will use treatment to help the sick according to my ability and judgment, but never with a view to injury and wrong-doing. Neither will I administer a poison to anybody when asked to do so, nor will I suggest such a course. Similarly I will not give to a woman a pessary to cause abortion. But I will keep pure and holy both my life and my art.[2]

Of course you know that Hippocrates was no Christian. He came to these conclusions through the use of his reason. But it belongs to human reason to know and acknowledge that there is God, that we are not the summit and center of reality, that only He is Lord of life and death and that to respect this is a requirement of piety as much as of justice. What is happening today in our society is not really a ‘separation of church and state’ but the imposition of an atheistic world view on the majority of people who are Christian or, at any rate, believe in God. Among the Founding Fathers of the United States, the second greatest of them (after George Washington), i. e., Alexander Hamilton, faced an evil regime that was imposing atheism in France and spreading it everywhere. He understood that piety towards God is essential to the real health of a political community, although he distinguished this very well from the establishment of a particular Christian confession. Tocqueville also has taught us that our 19th century elites understood the importance of religion for the health of the republic. We must reject the imposition of atheism and the pride of men who want to become the arbiters of death and life of innocent people. It is fortunate that we can count on the Church to remind us these truths that belong to unaided reason, but that have been obscured by philosophical shallowness, cultural subversion and by our own sins.”

(9) John was engulfed in thought, it seemed. After some minutes, he proposed another difficulty, in order to know what Charles would reply to it. “Tell me, Charles,” said John, “What do you think about the argument that nobody should force a woman to be connected to a stranger during 9 months?” To this, Charles replied: “Oh, John, I thank you for bringing that iniquity to my attention today. Do you understand well what the argument means and what it intends?” “Oh, no, I find it very strange,” said John, “but at the same time I know it seems compelling to many young people. So, I want you to tell me what you think.” “Well,” continued Charles, “it intends to present an act of unjust killing as if it was an act of justified omission of assistance. If a person is walking on the street and suddenly some paramedics and firefighters call her and ask her to lie down on a stretcher so that they can connect some tubes to her belly in such a way that she would be for nine months supporting the life of a stranger now lying of the street who otherwise would die, is she obliged to submit herself to such procedure? The argument wants to equate this situation to the normal pregnancy of a woman. Do you see now? So, the interruption of the natural process of pregnancy (and often the burning and dismembering of the fetus) is equated to the refusal to being connected to a stranger for nine months in order to save the stranger’s life. So, it is a trick that aims at equating an act of killing and an act of justified omission of assistance. Think about it: if a mother stops feeding her baby, is she  killing it or just not assisting it? Besides this equation, the argument also attempts to destroy the natural connection between the woman and her baby. On this sense, the argument has something demonic in it. In a case like that proposed by the argument, I would have to answer to the paramedics and firefighters that I can’t spend 9 months like that, since my first duty is towards my wife and children. But, if the person lying on the ground is not a stranger, but my son, well, I would accept the connection. Love must be ordered. The child in the womb is not a stranger, but a son or a daughter. It is absolutely evil to attempt to devaluate the natural bond of consanguinity.”

At this point, all the friends around that little table just fell into a meditative mood. After a while we shook it, made a toast for life and for the birthday boy and proceeded to sing by the cake.



[1] See the entry “Abortion,” in the Oxford Companion to Philosophy (Oxford: Oxford University Press, 1995).

[2] The Oath, pp. 299 and 301, in Hippocates (Cambridge, Mass.: Harvard University Press, 1984), pp. 289-302.

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