Criminal Death of a Fetus
Webcast Q&A: Sunday, 19 December 2010, Question 4
I answered a question on criminal death of a fetus on Philosophy in Action Radio on 19 December 2010. You can listen to or download the podcast segment below – or check out the whole episode.
Should a criminal who kills a pregnant woman (and her unborn child) be charged for two murders or one? Does it matter if she's obviously pregnant or not? (Perhaps it should only matter in the sentencing phase of the trial?) I've read your paper on the "personhood" movement and I agree that a person does not have rights until they're born, but it seems different in this situation. Where is my thinking flawed, or is it?
My Answer, In Brief: Rights are contextual absolutes, meaning that only apply in certain context, but that they apply fully in that context. Given nature of rights and nature of pregnancy, rights cannot apply to fetus but only to born infant.
Tags: Abortion, Crime, Ethics, Pregnancy, Rights
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- Duration: 7:37
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Links
- The 'Personhood' Movement Is Anti-Life: Why It Matters that Rights Begin at Birth, Not Conception by Ari Armstrong and Diana Hsieh, particularly the section Rights in Pregnancy, When does a fetus/infant become an individual? on Objectivist Answers, and Abortion Rights and Parental Obligations by Greg Perkins.
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About Philosophy in Action Radio
I'm Dr. Diana Hsieh. I'm a philosopher specializing the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My dissertation defended moral responsibility and moral judgment against the doubts raised by Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on Sunday mornings and Wednesday evenings. On Sunday mornings, I answer four meaty questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Wednesday evenings, I interview an expert guest about a topic of practical importance.
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