In Part 2 of the New York Times editorial board’s examination of the ethical and legal complexities of conflicting laws protecting the right to kill a fetus, the rights a fetus does have, and the mother’s rights, the question is posed:
Katherin Shuffield was five months pregnant when she was shot in 2008. She survived, but she lost the twins she was carrying. The gunman, Brian Kendrick, was charged with murdering them. Bei Bei Shuai was eight months pregnant and depressed when she tried to kill herself in 2010. She was rushed to the hospital and survived, but her baby died a few days later. Ms. Shuai was charged with murder.
Both cases are tragedies. But are Ms. Shuai and the man who shot Ms. Shuffield really both murderers?
It is an ethical question, a legal one and a logical one. Unfortunately, and typical of the entire series, the Times cannot play straight, or begin with basic principles. No, the questions is asked with an assumption in hand: the right to abortion must trump everything, even logic and justice The editors go on:
“Ms. Shuai is one of several hundred pregnant women who have faced criminal charges since 1973 for acts seen as endangering their pregnancies, according to National Advocates for Pregnant Women, which has completed the only peer-reviewed study of arrests and forced interventions on pregnant women in the United States. In many cases, the laws under which these women were charged were ostensibly written to protect them. Ms. Shuai, for instance, was charged under a law that was stiffened after the attack on Ms. Shuffield.
These criminal statutes are results of a tried-and-true playbook, part of a strategic campaign to establish fetal rights, reverse Roe v. Wade and recriminalize abortion. The sequence begins with anti-abortion groups seizing upon a tragic case in which a woman loses her pregnancy because of someone else’s actions. Public outcry then helps to strengthen a state feticide law that recognizes such lost pregnancies as murder or manslaughter. It’s a backdoor way of legally defining when life begins.”
In other words, the Times relies on ideology to duck an ethics conflict that points in a direction that radical abortion advocates don’t like, and thus refuse to acknowledge, because they don’t have a good answer for it. Here’s my answer: Yes, they are both murderers. If a mother who is gestating a child that she and her husband intend to have, and the child is killed by the act of a third party, a human being has been murdered, and charges are just. In the Sheffield case, her twins were within the protection of abortion limitations, though I would hold that this doesn’t matter, if they were both going to be delivered. If you don’t call this a murder, then a manic could perform an involuntary abortion on a 9 month’s pregnant women, ripping her fetus out of her with murderous intent, and still face no murder charges as long as the mother recovered. Were it not that all obstacles to abortion must fall, even logical ones, no woman, no human being would call such an act anything but murder. Once any rights are assigned to the unborn at all, however, such logic is impolitic. Continue reading





“Man! I am BORED out of my GOURD!”
As one might expect, abortion is one of the topics that can be relied upon to spark a lively discussion every time it is raised on Ethics Alarms. This is because abortion is a true ethics dilemma, where valid ethical considerations point in opposite directions. In addition, this ethics dilemma cannot easily be solved by balancing, because determining which of the ethical values involved, personal autonomy and the primacy of human life, should hold the superior priority involves resolving conflicting definitions.Complicating things further is the fact that the three main ethics systems—reciprocity, Kantian ethics, and Utilitarianism— reach disparate conclusions.
The subject of this intense and extensive comment by Zoltar Speaks! is another commenters assertion that the unborn do not qualify as “persons” within the protection of the law because they do not, as far as we know, have self awareness and are incapable of thought. I personally detest this argument, but I’ll leave the exposition to Zoltar. He got extra credit for beginning with the trademark quote that Ethics Alarms uses to designate a “Popeye.“
Here is the Zoltar Speaks! Comment of the Day on the post, Morning Ethics Warm-Up, 11/13/17: Rushing In Panic Around My Boston Hotel Room Because I Didn’t Get My Wake-Up Call Edition: