Queensland’s proposed abortion laws

Queensland’s proposed abortion laws

The Termination of Pregnancy Bill 2018 has just been introduced to parliament in Queensland, a state of Australia. The bill is based on recommendations put forward by the Queensland Law Reform Commission, which published its Review of termination of pregnancy report in June. The most pertinent conclusion was to ‘alter the current law to provide that a termination is lawful if it is performed by a medical practitioner and, for terminations after 22 weeks, in accordance with the stated requirements for a lawful termination’. In short, the intention is to decriminalise abortion, making it a ‘health matter’, not a criminal matter.

Currently in Queensland, having an abortion or assisting in an abortion is technically a criminal offence under sections 224-226 of the Criminal Code, although section 282 allows for exceptions if it is ‘to preserve the mother’s life’. However a Victorian ruling by Justice Menhennit in R v Davidson (1969) declared that abortion was lawful if a doctor thought it was

necessary to preserve the woman from a serious danger to her life or physical or mental health (not being merely the normal dangers of pregnancy and childbirth) which the continuance of pregnancy would entail; and in the circumstances not out of proportion to the danger to be averted’

and the 1986 McGuire ruling in the District Court opined that this was also the case in Queensland. Since that ruling, abortion has become widely available. According to Children by Choice, it is ‘generally accepted that somewhere between 10,000 and 14,000 abortions take place each year in Queensland’. It seems obvious that most abortions in Queensland are not necessary to preserve the woman from a serious danger to her life or physical or mental health, and the law is being ignored.

According to the Queensland Law Reform Commission and the Labor Party of Queensland, the solution is to decriminalise abortion for up to 22 weeks, and with the consent of two doctors, make it permissible at any time until birth. What are the key conditions for abortions after 22 weeks? The doctors must give regard to ‘the woman’s current and future physical, psychological and social circumstances’. But of course this is less stringent that the current restriction that the abortion must be necessary to preserve from a serious danger to life or health, and which is ignored anyway! Effectively, it gives the green light to abortion up until birth, giving Queensland some of the most liberal abortion laws in the world.

It seems from the latest opinion polling that 60% of voters oppose abortion after 13 weeks, and 52% oppose abortion for any reason, putting the recommended new laws out of step with community views. Unfortunately, Queensland does not have an upper legislative house, and so there is not a check on legislation, unlike in New South Wales where the Senate voted down changes into abortion law in 2017. Hopefully, there will sufficient opposition from both the public and parliament to prevent the bill being passed. Public submissions will open in the near future, so when this is available, be sure to make a submission. Concerned Queensland voters should contact their Member of  Parliament. A summary of their personal views can be found here. Labor is permitting a conscience vote, so the result is not predetermined.

A final note: it is a scandal that abortion statistics are not officially recorded in Queensland. We do not know how many human beings have their lives ended this way – we can only guess.

Advertisements

Michael Ruse talks with John Lennox

Michael Ruse talks with John Lennox

The Unbelievable? show, an apologetics and theology discussion program on Premier Christian Radio, recently launched The Big Conversation video series. The idea is to feature friendly conversations between world-class Christian and atheist thinkers.

The most recent session was filmed live in London in front of an audience, and featured philosopher of science Professor Michael Ruse, of Florida State University, talking with Oxford mathematician, Professor John Lennox. Michael Ruse is well-known to anyone with an interest in philosophy of science, but he has also written an introduction to atheism, called Atheism: What Everyone Needs to Know. John Lennox, while a mathematician, is known for books such as God’s Undertaker: Has Science Buried God?. So the scene was set for a great discussion on science and religion. The PA was there, and filed this report.

A central feature of these series is a friendly exchange of views, and this one started well with Lennox shaking Ruse’s hand and plenty of cordial banter. Both men are very capable and engaging speakers, and the tone was set for an enjoyable evening, especially with Justin Brierley moderating the discussion.

Quite early in the discussion, the speakers discussed their childhood upbringings. It was illuminating to hear how Lennox’s Christian parents were such a influence on him growing up in Northern Ireland. He explained how his father considered every person as made in the image of God, and was scrupulously fair in hiring employees from both sides of the sectarian divide. The cost was having his workplace bombed!

One of the most interesting things about the evening for me was finding out about Ruse’s Quaker background. He mentioned it numerous times, and it is clear that it has had a life-long influence on him. This came out strongly when Lennox spent some time discussing the important of evidence for his Christian faith. Ruse seems to have retained the Quaker love of the mystical, and numerous times he stated that for him when it came to faith, evidence was not important. Rather, revelation was, and since he had not experienced revelation, any evidence Lennox presented was not going to sway him. In fact, Ruse seemed to think evidence was almost a negative, in that it reduced the requirement for faith. Needless to say, this was a worry for Lennox, who emphasized the importance of evidence for his Christian faith. Not proofs, of course, because the only proofs available are in mathematics, as Lennox was careful to mention!

There was an informative discussion on the influence of Christianity on the development of science. Ruse and Lennox had quite similar views on this, with Ruse stating ‘modern science owes its being to Christianity’. Lennox explained how Christianity was the source of the idea that the universe is governed by uniform laws, which was crucial to being able to do science at all. Ruse noted that over time, as this uniformity became widely accepted, God gradually became ‘a retired engineer’: he had served his purpose and was no longer needed.

Towards the close of the discussion, there was some gentle sparring on the issue of suffering. Lennox properly acknowledged the deep difficulty of the issue for everyone, atheist, agnostic or Christian, and didn’t attempt to give pat answers. Ruse addressed the free will solution, using the rather extreme example of Himmler’s evil to demonstrate why the cost of free will was too high. In the question and answer session, I tried to point out that he was using a particular edge case as the entire foundation of his argument, but his response didn’t engage with this. Lennox, however, could see the point.

Ruse made some interesting comments about the Bible during the evening that I didn’t expect. He claimed he ‘loved the Bible’, he found it ‘deeply meaningful’, and he mentioned how he found the story of Ruth ‘deeply moving’. He made it clear he was an agnostic, not an atheist: he just didn’t know. I did get the impression that at 78, he had little expectation of ever knowing.

There were some excellent audience questions after the main discussion period. Two I recall in particular were about objective morality, asking Ruse to clarify his position. He seemed to obfuscate a little on this, conceding the importance of morality, but ultimately seemed to think that it was a product of evolution. Lennox pointed out the difficulty of deriving an ought from an is, citing Hume, but Ruse was unmoved. I think his view is that as long as enough people believe and act as if morality is objective, that’s good enough for a society to function.

To summarise, this was a brilliant evening. I didn’t learn a great deal in terms of apologetic content, having read quite widely in this area, but that’s not why I was there. I did learn far more about Michael Ruse’s worldview, and that was very interesting. Most of all, I enjoyed the experience of watching a civilised and honest discussion between two public intellectuals with two very different points of view on God.

The video of this conversation will be released on 7 September, 2018, at The Big Conversation. In the meantime, check out the earlier conversations, featuring speakers such as Steven Pinker, Jordan B Peterson, Susan Blackmore and more.

 

 

 

 

Starting a PhD!

Starting a PhD!

True to form, the PA is starting a PhD to add to the long list of superfluous university qualifications gained over many years.

For the next few years I’ll be studying at the University of Birmingham. My PhD is in the ethics of abortion, an area I’ve been keen on researching for a long time, so it’s going to be rather interesting! I’ve already contributed a little in this area (see here and here), and have just had another paper (with Daniel Rodger) accepted for publication in Bioethics, so things are going well so far.

 

Review: The Quest for a Moral Compass

Review: The Quest for a Moral Compass

Kenan Malik’s The Quest for a Moral Compass: A Global History of Ethics is a fascinating volume, and is compulsory reading for anyone with even a passing interest in morality or philosophy. Working his way through the ages from Homer onwards, Malik explores the development of morality around the globe, displaying a deep knowledge of a wide range of ethical traditions.

Studying any area of philosophy can be overwhelming. The more you learn, the more you realise you don’t know. The more you master one particular view, the more you realise there are many others. This is particularly true in ethics.  There are two and a half thousand years of ethical thought to study, a vast landscape of theories and views, and there’s no way you can cover it all. Some people spend a lifetime becoming experts on just one particular era, or one philosopher such as Nietzsche or Kant.

This is where books such as Malik’s are incredibly useful. He covers all the salient eras in ethics, all the most important philosophers you’ve heard of, and many important ones that have been neglected. And he does them in reasonable depth. It’s great for filling in the inevitable gaps in your own knowledge, often gaps you didn’t realise existed.

Malik inevitably begins with Homer, the pre-Socratics and Socrates, Plato and Aristotle. Jewish and Christian ethics follow, but he subsequently doesn’t just cover Western religions and philosophy. He provides chapters on Hinduism and Confucianism, as well as Buddhism and its spread to China. Malik explains how the influence of Daoism on Buddhism in China produced Zen Buddhism, and how this eventually led to the reworking of Confucianism by Zhu Xi as a response in the ninth to twelfth centuries. Islam is also well represented, from its origins to its split into Sunni and Shia factions. Malik details how the Arabs rediscovered the Greeks, and translated Plato, Aristotle, Euclid and Ptolemy into Arabic, and how this led to a Rationalist tradition that valued reason and human responsibility as well as revelation. The two most important Muslim philosophers, Avicenna and Averroes, come from the Islamic Rationalist tradition. Al-Ghazali, who embraced the mysticism of Sufism, was the Rationalists’ most significant critic, and eventually the Traditionalists prevailed. Ironically, Christian Europe then embraced their Greek heritage which had been preserved by Islamic scholars, translating them from Arabic into Latin. There were two important factors that helped this transition: the invention of the university and Thomas Aquinas, medieval philosophy’s most famous figure.

The story moves on to Dante’s Divine Comedy, and Malik explains how at its heart is the tension between fate and individual moral responsibility, which is essential for moral judgement. Dante believed in free will; Martin Luther did not. His famous declaration to Holy Roman Emperor Charles V ‘here I stand, I can do no other’ in his defense of his challenge to the Pope’s authority is actually a statement of his inability to do otherwise, not an endorsement of personal conscience.

According to Malik, the Reformation was a conservative reaction against Aquinas’ spirit of reason as well as a reaction against the abuses of the Catholic Church. Paradoxically, a movement that deprecated individual autonomy ‘helped create a world that came to celebrate individualism’ by tearing religious authority away from institutions. One result was the 1524 Peasants’ War in which peasants cited the Bible to support their grievances about oppressive taxes against the aristocracy. Both Luther and Calvin were unsympathetic and defended the right of princes to suppress the revolt.

There’s much, much more to absorb. Descartes’ dualism and mechanistic universe, and Hobbes’ social contract theory. Spinoza’s vision of human transformation, and Hume’s empiricism and view that desires motivate reason. Kant’s belief that moral agents themselves are the source of morality, and that the measure of the good is duty. The two sides of the Enlightenment – the public face of Kant, Locke, Voltaire and Hume, and the radical side of Spinoza, which was the actual driving force that rejected tradition and aimed to sweep away traditional structures. Bentham’s consequentialism, and John Stuart Mill’s utilitarianism. Hegel, Marx and Nietzsche, and the question of how much influence Nietzsche’s ideas had on the Nazis. There’s a good chapter on the existentialists, including Kierkegaard, Sartre and Camus, and a fascinating account of how Toussaint L’Ouverture justified the Haitian slave revolution using Enlightenment values of equality for all.

The closing chapters chart the extraordinarily rich development of ethics in the twentieth century and beyond. Malik covers the rise of Dewey’s moral pragmatism, and intuitionism, based on G.E. Moore’s argument that moral truths were self-evident intuitions. Ayer’s emotivism, which saw moral claims as personal preferences, was a reaction, while Mackie’s Ethics provided an argument against the existence of moral facts. Meanwhile Anscombe and MacIntyre reinvented virtue ethics, while evolutionary ethics, rejected after the horrors of Nazism, began to see a resurgence with ideas such as reciprocal altruism. Malik also provides a thorough critique of Sam Harris’ ill-founded claim that science can determine moral values. Curiously, given he is charting the gradual abandonment of the concept of universal, objective moral values, Malik doesn’t mention the recent interest in non-natural, non-theistic moral realism espoused by Erik Wielenberg. He also omits the impact of John Rawls’ A Theory of Justice.

There’s a brief but absorbing account of how China’s relationship with Confucianism has recently been transformed. When the Qing Dynasty collapsed half a century after the Opium Wars, the central role of Confucianism in the social order disintegrated as well.  Mao’s rejection of tradition and embrace of modernity had disastrous consequences, resulting in the deaths of many millions of Chinese. But once again, China has recommitted itself to traditional Confucianism, led by philosopher Jiang Qing.

The Quest for a Moral Compass is an immensely enjoyable and informative read. Malik writes clearly and elegantly, and provides deep insights on many philosophers and eras. His analysis of how our understanding of morality has developed over the ages equips readers to place different moral theories in context. It’s an ideal starting point for anyone wishing a broad overview of ethics, but has something even for those familiar with the field.

 

 

UN: restricting abortion is ‘violence against women’

UN: restricting abortion is ‘violence against women’

It is well known that Northern Ireland has very restrictive abortion laws, as does the Republic of Ireland. In 2015/16, there were only 13 induced abortions recorded in Northern Ireland, and it is a good example of how restrictive laws can significantly reduce abortion rates. Even accounting for 724 women who travelled to England and Wales for abortions in that year, the abortion rate in Northern Ireland is approximately 8 times lower than the rate in England and Wales.

Now, the United Nations’ Committee on the Elimination of Discrimination against Women has gone hyperbolic in its support for ‘women’s rights’ in Northern Ireland. Apparently, restricting abortion now amounts to ‘violence against women that may amount to torture or cruel, inhuman or degrading treatment’. Given that abortion is the most violent act possible against an unborn human being, calling restrictions on abortion ‘unjustifiable State-sanctioned violence’ seems absurd. Strict abortion laws are intended to prevent violence.

It seems what the United Nations has in mind is what is called structural violence, which is really another term for social injustice. Normally, this term is applied to social structures that result in injustice and inequity. They may be economic, political, legal, religious, or cultural structures; examples include caste systems, apartheid, and colonialism. As Rylko-Bauer and Paul Farmer point out, these structures are violent because ‘they result in avoidable deaths, illness, and injury’.

But to label restrictive abortion laws as violent is to dehumanise the unborn, to say that they do not matter. Yes, pregnant women can find themselves in incredibly difficult and distressing situations, sometimes as a result of physical violence. Restrictive abortion laws can deepen their suffering. But to claim these laws are violent is to ignore the greater violence that abortion does to the unborn.

Another thoughtful discussion on this issue is here, which points out that ‘not one universal human rights treaty recognises a right to abortion’, and questions why a UN human rights committee is lobbying to liberalise abortion laws.

 

Beyond Infanticide

Beyond Infanticide

Our new paper Beyond infanticide: How psychological accounts of persons justify harming infants has finally been published in The New Bioethics journal. Written by Daniel Rodger, the PA, and Calum Miller, it consists of a reductio ad absurdum argument against certain philosophical definitions of what it means to be a person.

Definitions of persons are important in ethics, because unlike our everyday idea of what a person is, here persons are those entities to which we assign high moral value. This includes granting certain rights, such as the right to life. In the abortion debate, this is crucial – if fetuses are persons and have a right to life, then obviously justifying their death is very difficult (J.J.Thomson attempts to do this in her seminal paper A Defense of Abortion).

Psychological accounts of persons require certain cognitive capacities for recognition as a person, such as self-awareness and being able to value your future. If you don’t satisfy the criteria, you aren’t a person – in fact there is no you. Fetuses definitely don’t satisfy the criteria, and so this is commonly used to argue that abortion is permissible, as they don’t have a right to life.

One problem for psychological accounts has been long recognised – infants don’t satisfy the criteria either. Self-awareness is typically not reached until perhaps 18 months of age, and being able to value your own future, even longer. The implication is that if abortion is grounded on fetuses not being persons, then infanticide is likewise permissible. Of course, there are many pragmatic reasons why infanticide should not be allowed, but it is nonetheless a troublesome implication of psychological accounts.

Some ethicists have bitten the bullet and accepted that some limited form of infanticide should be legalised – Peter Singer for example. Famously,  Giubilini and Minerva argue that in all circumstances abortion is permissible, infanticide is also permissible. Given the growing acceptance amongst ethicists of infanticide, the reductio has become less persuasive.

In this paper, we seek to re-establish the reductio by pushing it beyond infanticide, discussing other ‘pre-personal acts’ that psychological accounts also imply are permissible. These include organ harvesting, live experimentation, sexual interference, and discriminatory killing. We argue that our very strong intuitions against the permissibility of these pre-personal (and horrible) acts allow us to re-establish a comprehensive and persuasive reductio against psychological accounts of persons.

Here’s a quote from the conclusion of the paper:

many contemporary defences of abortion depend on denying foetuses (and often infants) the status of personhood on the basis of psychological accounts of rights, value and personhood. If, as we suggest, those accounts are made implausible by the reductios described above, defenders of the permissibility of abortion will have to appeal to alternative arguments

 

 

 

Why arguments against infanticide remain convincing

Why arguments against infanticide remain convincing

There’s an infamous bioethics paper by Giubilini and Minerva called After-birth abortion: why should the baby live? Published in 2013, it explains their view that in all circumstances that abortion is permissible, infanticide is also permissible. This is because they believe that both fetuses and infants are not what philosophers call persons. What is a person? The definition of a person is disputed in ethics, but we use it to mean an entity we grant certain rights to, such as the right to life. Giubilini and Minerva require certain cognitive capacities for recognition as a person, such as self-awareness and being able to value your future.

There have been many replies to Giubilini and Minerva, and amongst them Christopher Kaczor presents four brief objections in his excellent book The Ethics of Abortion. Recently, Joona Räsänen has argued that Kaczor’s arguments are not persuasive in his paper Pro-life arguments against infanticide and why they are not convincing.

Upon reading Räsänen’s paper, we (the PA, Daniel Rodger and Clinton Wilcox) realised that Räsänen had largely ignored Kaczor’s strongest arguments against infanticide, which were not detailed in his criticism of Giubilini and Minerva early in his book. Rather, Kaczor’s case against abortion (which the entire book is concerned with) is equally applicable against infanticide.

Accordingly, we wrote a reply to Räsänen which was accepted by Bioethics and published online in January 2018. In Why arguments against infanticide remain convincing: A reply to Räsänen, we counter each of his criticisms of Kaczor, using the full range of Kaczor’s arguments as well as adding our own thoughts. Please contact the PA if you would like the full paper.

It’s well worth noting that Kaczor has also replied in his recently published paper A dubious defense of ‘after‐birth abortion’: A reply to Räsänen.