Walkup's Way Home Ethics: Thomson
On competing rights and the reasonable limits of kindness

Thomson’s    “A Defense of Abortion” first appeared in Princeton University’s maiden issue of Philosophy & Public Affairs in 1971.  Since its Publication it has "become the most widely reprinted essay not only on the subject of abortion, ...but  in all of contemporary philosophy" (DeMarco).  It leaves an indelible impression in each reader’s mind because of its unusual and vivid  analogies. This is the defining essay  that was used as a defense and by the defense for the Roe v. Wade decision. It is also the definitive essay on rights and the reasonable limits of kindness.

I will highlight six points for your consideration and follow this up with a critique:

(l) Cutting the Chase:
Thomson opens her essay saying she will cut the chase. Let us not argue whether the growth inside a mother is a fetus or a clump of cells.  Her opening sentence is very direct: “Most opposition to abortion relies on the premise that the fetus is a human being, a person from the moment of conception.”   Her complaint with traditional arguments is that “Opponents of abortion commonly spend most of their time establishing that the fetus is a person, and   hardly any time explaining the step from there to the impermissibility of abortion "(para 2).
 

This image is copyrighted. However, the copyright holder has irrevocably released all rights to it, allowing it to be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited in any way by anyone for any purpose, commercial or non-commercial, with or without attribution of the author, as if in the public domain.http://en.wikipedia.org/wiki/Image:Judith_Thomson.gif
MIT Professor Judith Jarvis Thomson is well-known for her work on rights, In 1990 she penned the book The Realm of Rights and in 1971 she wrote the often anthologize "A Defense of Abortion."

(2) Cells Are Not Persons:
Thomson’s personal belief is that “the fetus is not a person from the moment of conception,” (para 2) yet she does not plan to argue this because what is of interest to her is “what happens, if for the sake of argument, we allow the premise” (para 2). Thomson claims that the “newly implanted clump of cells , is no more a person than an acorn is an oak tree” (para. 2). Life is seen in isolated unrelated segments rather than undergoing unified stages of development. 

(3) Violinist Analogy:
From here Thomson takes us to her often quoted violinist analogy. She begins, “let me ask you to imagine this. You wake up in the morning and find yourself back to back in bed with an unconscious violinist” (para 4).  You had been forcibly kidnapped  and  the famous violinist’s  circulatory system has been “plugged into yours, so that your kidneys can be used to extract poison from his blood.”  Needless to say, this is a nine-month procedure and you are the only compatible specimen.

 So, the question is, “Is it morally incumbent on you to accede to this situation” (para 4)? 
Does the violinist have the right to be plugged into you, and if so, who  can give him this right? Where would this right come from?

Legally, one would assume unplugging oneself is justified on the basis that assault and battery have been committed and one is fighting in self-defense. After all, you were  kidnapped and confined. Your only intent is to unplug yourself, not to kill the violinist.  The violinist's death is an unfortunate second effect.

Thomson agrees that generous kindness would be shown if one accommodated the violinist, but the question at stake is must one accede to it: " No doubt it would be  very nice of you if you did a great kindness. But do you have to accede to it?" (para 4)

Thomson  assumes most reasonable individuals would see no serous problem in unplugging themselves.  One need not accede to this. The violinist does not have the right to impose on you. Similarly, a baby does not have the right to impose on his mother for nine long months, though it would be nice if the mother acquiesced to her baby.

(4) Henry Fonda Analogy:
 To hone her point on the reasonable limitations of extending oneself, she paints another dramatic scenario: "If I am sick unto death, and the only thing that will save my life is the touch of Henry Fonda's cool hand on my fevered brow, then all the same, I have no right to be given the touch of Henry's Fonda's cool hand on my fevered brow. It would be frightfully nice of him to fly in from the West Coast to provide it" (para 19).

Again, it would be very nice of people to generously extend themselves,  Henry Fonda in particular. Thomson and us to the violinist. What is paramount to keep in mind is that generosity is not obligatory. People do not have to extend themselves to us because we do not have a right to this.

(5) Peopleseeds:
Thomson builds on her argument by asking the reader  to imagine peopleseeds drifting "in the air like pollen, and if you open your windows, one may drift in and take root in your carpets or upholstery. You don't want children, so you fix up your windows with fine mesh screen."  The seed takes root, so Thomson asks, "Does the person plant who now develops have a right to use your house" (para 30)? The answer is "Surely not"  (para 30).

(6) Minimally Decent Samaritan Versus Good Samaritan:
Thomson quotes the Good Samaritan story from the Bible. She notes that the priest and Levite might have been able to provide help for the half-dead man with a minimum of effort. They could have been Minimally Good Samaritans, but chose not to do anything at all. They just walked on.  In fact, "in no state in this country is any man compelled by law to be even a Minimally Decent Samaritan to any person" (para. 40).  The irony, however, is in terms of pregnancy: "By contrast, in most states in this country women are compelled by law to be not merely Minimally Decent Samaritans, but Good Samaritans to unborn persons inside them"  (para 40).

Thomson's View:
Thomson contends when it is not inconvenient  to help another out, then it is the decent  action to take. For example, if Henry Fonda's warm hand were across the room instead of across the country, "Then surely he ought to do it, it would be indecent to refuse" (para 35). Similarly, she contends if the violinist were in need of our kidneys for only one short hour, he still does not have a right to them. To refuse, however would be "self-centered and callous, indecent in fact, but not unjust." (para 36).  In an ideal world, those in need would not have a right to others, but people would give of themselves and be Minimally Decent Samaritans. Keep in mind however, that  unreasonable and overly burdensome demands are in a completely different category, and we should not feel obligated to short-change our precious lives to satisfy the other at the expense of our selves.
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Critique

Supporters

Detractors

Rights:
Feminists laud Thomson for bringing to life the important issues of rights and mandatory kindness in her vivid and memorable essay. No one has the right to overly burden another
Rights:
Kindness extended to strangers is of a different order than familial relationships.  "Conception confers maternity....A mother is expected to do things for her children that strangers are not expected to do for each other" (DeMarco 153).
Legal system: Thomson highlights the incongruities of the legal system by pointing out the harsh demands imposed on women. Women's rights need to be protected . Women are harshly discriminated against. Legal System:
The legal system demands more of parents than of strangers. Both mothers and fathers are generally expected to support their children when they are able.
Acorn/Oak Tree:
Thomson claims acorn is not an oak tree. She is absolutely right.
In the same way, she states  a clump of cells is not a baby.
A clump of cells is a clump of cells.
A baby is a baby.
Acorn/Oak Tree:
There are stages in the life of a being, and the terms describe the stages and not the being.
Indelible Analogies:
Thomson's points are memorable with the violinist, Henry Fonda, and the peopleseeds analogy.  These analogies vividly demonstrate not only the relationship of the mother to the baby, but also the extent to which one should inconvenience himself for the sake of the other.

Some instructors claim no better analogies can be found to clearly illustrate the abortion problem.

Indelible Analogies:
DeMarco claims the analogies are beautiful, but why not use real analogies that are more realistic.  DeMarco cites a legal case in Minnesota where the Flateaus denied an overnight stay to their guest. When the guest left,he suffered frostbite. The court stated, "The law as well as humanity required that he not be exposed in his helpless condition to the merciless elements" ( quoting Noonan p.157). Sometimes being human demands more than minimal of care.
Minimally decent Versus Good Samaritan:
Thomson clearly points out that some demands are excessive, and we should all realize this when imposed upon.  Other demands are not very inconveniencing, so we should consider acquiescing, while at the same time realizing we are not obligated to give service and rights to another.

In an ideal world, people would acquiesce to demands when the inconvenience upon the self is not great.

Minimally Decent Samaritan:
DeMarco argues man is held to a higher standard than Minimally Decent Samaritan. He points to a true-to-life example to illustrate his point:   If the Carpathia's captain had elected not to save the Titanic's survivors, how would the world have reacted  to the following reasoning?

"The captain announces to the sick, anxious, and grieving survivors that he fully respects their rights to live, but regrettably since they do not have tickets, they have no right to board and occupy this ship" (pages 156-157)

Read Liberty Logic and Abortion for a critique of this essay This file has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. This applies worldwide.http://en.wikipedia.org/wiki/Image:Carpathia.jpg

Carpathia


 

DeMarco's quotations are from his essay,  "The Secular Utopianist, Judith Jarvis Thomson," printed in Architects of the Culture of Death, by Ignatius Press in San Francisco,  2004.

Thomson's copyright-free photo is from Wikipedia., Judith Jarvis Thomson.
The Carpathia  copyright-free photo is also from Wikipedia