Roel Feinberg On Abortion Analysis

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Abortion Through the Lens of the Kantian Ethics
The Supreme Court’s ruling in the case of Roe vs. Wade in January 22, 1973 legalized abortion in the United States. However, the local government of every state is given the authority and discretion to set restrictions on the abortion law- “codifying, regulating and limiting whether, when and under what circumstances a woman may obtain an abortion.” (Guttmacher Institute, p.1) At present, 43 states enacted “trigger laws” which declare that abortion may only be legal if it qualifies to any of these two conditions 1) the fetus is not yet viable, and 2) it is medically necessary to preserve the health or life of the mother. Viability is a medical term that refers to the fetus’ ability to live outside
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He argues that there are two factors that determine the morality of abortion 1) if the fetus is only few weeks old-embryo and zygote and 2) abortion is necessary to save the mother’s life. Feinberg defines fetuses as mass of cells that are not yet qualified to be called as persons. He goes on to say that only “persons” have the unalienable right to life; thus, abortion is morally permissible. Feinberg adds that killing a fetus is justifiable if it is necessary to save the life of the mother. He also suggests that pregnancy after rape or incest exempts the mother from enduring the sacrifices accompanying her unwanted pregnancy. Unintended pregnancies such as in cases of contraceptive failure also make abortion a moral option. While Feinberg’s philosophy seems convincing, his arguments are biased. For once, the viability age of a fetus does not define its morality. A recent study reveals that some fetuses that are just at 22 weeks of age can survive outside their mothers’ wombs. This means that terminating pregnancy at any stage means killing a potential life which is an immoral practice.
Mary Warren agrees with Feinberg and affirms that terminating pregnancy is highly permissible during any stage. In her work "On the Moral and Legal Status of Abortion", she enumerates five qualifications in order for one to be considered as member of moral community and be given full human rights. The pro-choice advocate states that a human being has three characteristics such

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