Abortion, Utilitarianism and Deontological Approach - Coursework Example

Name Lecturer Task Date Abortion, utilitarianism and Deontological approach. This essay discusses ethical issues that rise from the dilemma abortion based on the case study below. It begins with a description of the case study followed by identification of the ethical dilemma from the case and the ethical issues it raises. It is followed by identification of the different people who may be involved, with a description of how each might view the dilemma and reasons for that take. Potential areas of conflicts and areas of agreement in form of ethical arguments are also identified and discussed in the essay. A review of how religion, gender, race, sexuality among other factors influence this ethical issue follows. A discussion of how relevant codes of professional conduct and law applicable to the dilemma would be used to achieve a moral solution is discussed. Finally a conclusion is provided at the end of the essay. The essay is based on a case of Mrs K who is a 37-year-old woman with four children. She consults her doctor for irregular periods. She had been using a diaphragm as contraception, having stopped taking birth control pills because of their side effects. Her doctor tells her that she is pregnant. She does not want another child since she already has as many children as she can cope with. Mrs K suffers from depression. Her doctor considers her circumstances fall within the Abortion Act 1967 and refers her to a clinic. In this case Mr K disagrees with abortion. Abortion is a very sensitive issue that has profound moral and legal implications whose justifications for or against should consider the consequences (BMA, 2011). In this regard abortion as a dilemma brings about various ethical issues. Is abortion justified in this patient considering her case versus the moral arguments regarding abortion? Does the fetus have the legal rights of a human being? This leads further to the question of the rights of a fetus versus the woman’s right regarding choices of how to deal with her body. What is the role of the husband in her wife’s abortion considering his disagreement? Some of the people involved in this case include the patient, her husband and family and health care workers including doctors and nurses. Other groups that may participate include religious leaders such as pastors, religious organizations such as CARE (Christian Action Research and Education), Society for the Protection of the Unborn Child (SPUC), Christian Medical Fellowship among others who may have divergent views regarding abortion in this case based on their cultural, religious and ethnic backgrounds as well as the core values for organizations. Mrs. K who is the patient in this case who has four children and desires no more children and got pregnant due to failure of contraception. She is already overwhelmed by this number of children and also suffers from depression and would prefer abortion since the pregnancy was not planned. Considering that she is already overwhelmed by the children she has and her use of contraceptives implies that abortion would be favorable for her. Moreover, she has a depressive illness which could be affected by pregnancy and birth of another unplanned child posing risk for her health as well as the upbringing of her kids. This would be among the over 98% of induced abortions in Britain which are undertaken because of risk to the mental or physical health of the woman or her children (RCOG, 2011). Her family would also be involved and more so her husband. There is a disagreement from him regarding abortion which could possibly arise from various factors not limited to his socio-cultural, ethnic and religious background. In this case it would be essential to know the gestation as this could also have informed his decisions for disagreements given for instance that the risk of complications of abortion such as severe bleeding increases with gestation (RCOG, 2011). It is my expectation that her wife would involve him during the decision making though this is not mandatory since she is an adult has a right to make her decisions. Doctors and other health care workers are involved in the treatment of abortion and carry out this role throughout the patient care according to law. In such a dilemma a doctor would consider the patients plight, with the children she has to raise alongside her medical condition and possibly in accordance with the law advice for abortion. The nurses who also administer medication prescribed by the doctor would probably have similar views. However, the law provides an objection clause which allows the doctors and nurse to refuse to participate in any treatment in case of conflicts with their religious or moral beliefs (RCOG, 2008). Religious leaders and leaders of many other organizations such as SPUC who believe that life begins at conception would be against abortion. Since they view abortion as a grave injustice that perpetuates other social injustices and does not solve social problems, relationships issues, economic problems among others which many women can use as a reason for abortion, they would be against abortion. Believing that human life is of equal value (the unborn child being equal to other people), the effect of the abortion in the interest of the mother and other children does not stand in this group. This group would therefore have anti-abortion views in Mrs K’s case. Proponents of abortion in this case would consider Mrs. X case and based on utilitarian theory, where an action is morally right or wrong depending on its consequences. If the action brings about the best outcome it is right otherwise it is wrong (Bayles, 1998). This would support abortion considering the fact that it has intended desirable consequences regarding her health and social life. Similarly, abortion is viewed as a woman's right to exercise control over her body. Some proponents would argue that though the fetus is a person, it has limited rights compared to the already born mother and children who may be considered more superior. From a perspective of preference utilitarianism whose moral course of action is the one that leads to the most preferential satisfaction. Then it can be argued that the unborn have no preferences whereas women do have thus permitting abortion in favour of woman’s preference. Support on the basis of woman’s right and capacity to choose what is best for her also exists in this case. This favors her choices despite the opposition or limitations to achieve the best. This would give her the autonomy she deserves and hence choose what to do with her body. This also brings out the issue of her husband’s disagreement which would only at best influence but not limit her choices. It such situations it is expected that Mrs. K would have discussed with her husband and even support it. These proponents of abortion tend not to recognize fetal rights or regard the fetus to have equal rights and also argue that abortion is vital for gender identity. Recognition of the autonomy of the patient and her right to confidentiality regarding treatment also arise here where doing all for the good of Mrs. K would take precedence. Points of disagreement arise from those who consider that abortion is wrong because it does not recognize that life begins from conception and hence the rights of the fetus has to be recognized if the sanctity of all human life has to be considered. Some argue that abortion undervalues humanity since from conception the embryo is a human being with moral status just like that of living beings. From this point of view abortion is seen as a social injustice that doesn’t solve the problems that it is thought it can solve no matter how difficult the lives of the affected women and their families would be. This would concur with objections to utilitarianism regarding predicting the future which would require that we know what the consequences of our actions would be, which is impossible since we can’t predict the future with certainty. Potential conflict also arises from those who object to the fact that something doesn’t become right always if it makes others happy while it is wrong to others. In this case, making the mother happy at the expense of loss of life of the fetus becomes unjustifiable. It is not clear where Kant classified foetuses in his distinction of the three types of beings. This leaves some room to favour abortion in case they are classified as things. Most groups however seem to agree that abortion is justifiable under very exceptional circumstances such as rape or as a result of exploitation of a minor and mentally challenged woman. Other situation that has no much contention is when the mother's life is at a risk and abortion may be a justifiable option. In this case all other alternative options should have been exhausted. Also, most proponents who agree with the justifications of abortion in larger number of circumstances concur that it would not desirable to procure abortion on demand since it might lead to untoward effects for instance promoting irresponsible behavior. Making abortion a casual thing would also lead to devaluation of the life and psychological and other health effects of abortion on women, their families and the health care workers hence their agreement with the existing legislation regarding abortion. Religious conviction influences significantly on the responses of various groups concerning abortion as most religions from Christianity, Islam, Hindu and Buddhism among others consider life as sacred. For instance, many Christian denominations such as the Catholics are against abortion based on their belief that life begins from conception and that the sanctity of life must be guarded (Mansell, 2004; Hoffman & Johnson, 2005). Likewise, Islamic teachings are that life is created by God and begins at conception. The Islamic holy book of Al’Quran forbids abortion "Do not kill or take a human life which God has declared to be sacred." (Chapter 6, verse 151). Based on these views religious groups and patients from these backgrounds have their moral attitudes shaped by these values regarding abortion. According to Bahr & Marcos, (2003) and Sulins (1999) increased religiosity and church are associated with a decreased support for abortion. It was my expectation to see a difference between men and women regarding their attitude towards abortion, however Strickler & Danigelis (2002), shows no significant gender differences in abortion attitudes. Women would be expected to have more positive attitudes regarding this issue than men as it would provide them the right to choice and control of their bodies. Minor difference has been reported where men support abortion slightly more than women by Craig & O’Brien, (1993) especially among the singles and college students. Racial differences seem to influence the views on abortion with earlier studies having found blacks to be less supportive of abortion than whites (Combs & Welch, 1982; Secret, 1987).However, more recent findings depict a reversal of this racial trend in attitudes towards abortion with more Blacks supporting the issue than Whites whose views are getting more conservative (Strickler & Danigelis, 2002). The attitude towards abortion has also been significantly influenced by non marital sexual activity, education and secularization which favor more liberal pro-abortion views (Strickler & Danigelis, 2002). Deontology considers the morality of an action is on the basis of its adherence to rules, for instance Kantianism considers that morally acting in a right manner one act from duty but it is not the consequences that make an action right or wrong but rather the motives of the person who does it (Kelly, 2006; Waller B, 2005). Therefore in this regard abortion contraindicates the laws of nature and hence the unborn cannot lost as a means to achieve a better end for others. Considering this perspective it is our duty to obey the universal rules that exist. In this case Mrs. K would not be justified to have abortion since the action does not obey the rules. Therefore for her to act in respect to the moral law she should do no harm to the unborn since it is her duty to respect the law. Legal requirements demand the certification and notification of abortion procedures as governed by the Abortion Act 1967. Termination of pregnancy can be carried out by a registered medical practitioner who may lawfully terminate a pregnancy, in an NHS hospital or on premises approved for this purpose. In this case, abortion would be done considering the following clauses a) and c) from the act. a) that the pregnancy has not exceeded its twenty-fourth week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or any existing children of her family Here we would consider the continuation of pregnancy would lead to worsening of the depression Mrs. K suffers from since the unintended pregnancy would further stress her amidst a family size she cannot manage. Also the psychological effects that the existing children would suffer from justify abortion in this case. (c) That the continuance of the pregnancy would involve risk to the life of the pregnant woman, greater than if the pregnancy were terminated; This clause also justifies abortion for Mrs. K given that apart from the above described effects that may worsen her condition, her mental illness is a risk factor whose course could change for the worse during pregnancy and postpartum period and even endanger her life such as increased suicidal rate (The Abortion Act, 1967). In her case she has a significant risk of postpartum depression due to her antecedent depressive illness (Miller, 2002). After the legal and medical aspects of the decision to terminate a pregnancy are dealt with, the ultimate decision to consent and accept abortion rests with the woman. Legally, the woman’s spouse has no right to demand or reject abortion by the wife (Mason & McCallSmith, 1994). Though it is a good for women involve their partners in decisions of such a magnitude. In case a woman declines to involve her husband confidentiality should be maintained except under situations that a breach of confidentiality (The DH published Confidentiality; NHS Code of Practice in 2003). Mrs. K’s case which is described at the beginning presents a dilemma to us with issues regarding the justification of abortion arising. The justification abortion raises issues regarding the beginning of life, rights of the fetus against autonomy of the mother as well as the rights of the spouse in the matter. Some of the people and groups involved in this case include the patient, her husband and family, health care workers including doctors and nurses. Religious leaders and religious organizations such as CARE (Christian Action Research and Education) and other groups such Society for the Protection of the Unborn Child would get into this abortion dilemma. The patient and the healthcare workers could possibly favor abortion in this case given the consideration of the autonomy of the patient, the circumstances she faces and the intended outcome of the abortion. Her husband’s disagreement could possibly due to failure to discuss, religious and other moral conviction as well as limited information. Religion influences views about abortion based on the fact that most religions concur on beginning of life at conception and the fetus having equal rights as other people. No significant gender difference in abortion attitudes is demonstrated except slightly higher support among single and college men. Racial views also show more conservative whites as blacks favor abortion which is a reversal of earlier trends. Moreover, pro –abortion views have been influenced by non marital sexual activity, education and secularization. Finally the essay concludes with the legal perspectives where the Abortion Act 1967 provides for grounds on which abortion would be justified for her. A utilitarian’s view on abortion could be that it is a good thing or a bad thing and if good it gets supported and if it is damaging to the society it is opposed. Works Cited Abortion Act 1967. web. 19th January 2014 British Medical Association. The Law and Ethics of Abortion: BMA views. 2007. web. 29th January 2013. Bayles, M. D. Contemporary Utilitarianism. Peter Smith Publication Inc. 1980. Print. Carlton, C. L., Eileen S. N., & Priscilla K. C. "College students’ attitudes toward abortion and commitment to the issue." The Social Science Journal 37.4 (2000): 619-625. Carter, J. S., Shannon K. C., & Jamie D. "Trends in Abortion Attitudes by Race and Gender: A Reassessment Over a Four Decade Period." Journal of Sociological Research 1.1 (2009): 1-17. Christian Medical Fellowship. Ethics/Public policy. web. 19th January 2014. Combs, M. & Welch S. Blacks, Whites and attitudes toward abortion: a research note. Public Opinion Quarterly, 46.4 (1982): 510-520. Craig, B. & O’Brien, D. Abortion and American Politics. New Jersey: Chatham House Publishers. (1993). Print. Department of Health. Abortion Notification Forms. 2013. web. 29th January 2014. Department of Health. Confidentiality; NHS Code of Practice London. 2003. web. 19th January 2014. Hoffman, J. P. & Sherrie M. J. “Attitudes Toward Abortion Among traditions in the United States: Change or continuity? Sociology of Religion, 66. (2005):161-182. Mansell, H. J. Religious Convictions and Public Policy. The Catholic Transcript - June Issue, 2004. (2004). web. < http://www.priestsforlife.org/magisterium/bishops/05- 06convictionsandpublicpolicy.htm> Map of Medicine. Termination of pregnancy. (2014). Web. Mill, J S. Utilitarianism. Oxford University Press. 1998. Print. Paton v British Pregnancy Advisory Service Trustees discussed in - Mason & McCall Smith. Law and Medical Ethics (Fourth Edition). London: Butterworths, 1994. Royal College of Obstetricians & Gynaecologists. Further Issues Relating to Late Abortion, Fetal Viability and Registration of Births and Deaths. London: RCOG Press, 2001. Royal College of Obstetricians & Gynaecologists. The Care of Women Requesting Induced Abortion, Evidence-based Clinical Guideline Number 7, November 2011. Sahar, Gail, and Kaori Karasawa. "Is the personal always political? A cross-cultural analysis of abortion attitudes." Basic and Applied Social Psychology 27.4 (2005): 285-296. Secret, Philip E. "The impact of region on racial differences in attitudes toward legal abortion." Journal of black studies 17.3 (1987): 347-369. Society for the Protection of the Unborn Child (SPUC).News, Urgent: Abortion clinic Licensing Consultation 18th January 2014. web. < https://www.spuc.org.uk/campaigns/alerts/2014/0116> Sullins, D. P. "Catholic/Protestant trends on abortion: Convergence and polarity." Journal for t he Scientific Study of Religion, (1999): 354-369. Walzer, S. The role of gender in determining abortion attitudes. Social Science quarterly, 75.3 (1994):687-93. Wang, G. & Buffalo, M. D. "Social and cultural determinants of attitudes toward abortion: A test of Reiss’ hypotheses." The Social Science Journal 41.1 (2004): 93-105. Wilcox, C. Race differences in abortion attitudes: Some additional evidence. Public Opinion Quarterly, 54.2 (2000): 248-255. Read More

Mrs. K who is the patient in this case who has four children and desires no more children and got pregnant due to failure of contraception. She is already overwhelmed by this number of children and also suffers from depression and would prefer abortion since the pregnancy was not planned. Considering that she is already overwhelmed by the children she has and her use of contraceptives implies that abortion would be favorable for her. Moreover, she has a depressive illness which could be affected by pregnancy and birth of another unplanned child posing risk for her health as well as the upbringing of her kids.

This would be among the over 98% of induced abortions in Britain which are undertaken because of risk to the mental or physical health of the woman or her children (RCOG, 2011). Her family would also be involved and more so her husband. There is a disagreement from him regarding abortion which could possibly arise from various factors not limited to his socio-cultural, ethnic and religious background. In this case it would be essential to know the gestation as this could also have informed his decisions for disagreements given for instance that the risk of complications of abortion such as severe bleeding increases with gestation (RCOG, 2011).

It is my expectation that her wife would involve him during the decision making though this is not mandatory since she is an adult has a right to make her decisions. Doctors and other health care workers are involved in the treatment of abortion and carry out this role throughout the patient care according to law. In such a dilemma a doctor would consider the patients plight, with the children she has to raise alongside her medical condition and possibly in accordance with the law advice for abortion.

The nurses who also administer medication prescribed by the doctor would probably have similar views. However, the law provides an objection clause which allows the doctors and nurse to refuse to participate in any treatment in case of conflicts with their religious or moral beliefs (RCOG, 2008). Religious leaders and leaders of many other organizations such as SPUC who believe that life begins at conception would be against abortion. Since they view abortion as a grave injustice that perpetuates other social injustices and does not solve social problems, relationships issues, economic problems among others which many women can use as a reason for abortion, they would be against abortion.

Believing that human life is of equal value (the unborn child being equal to other people), the effect of the abortion in the interest of the mother and other children does not stand in this group. This group would therefore have anti-abortion views in Mrs K’s case. Proponents of abortion in this case would consider Mrs. X case and based on utilitarian theory, where an action is morally right or wrong depending on its consequences. If the action brings about the best outcome it is right otherwise it is wrong (Bayles, 1998).

This would support abortion considering the fact that it has intended desirable consequences regarding her health and social life. Similarly, abortion is viewed as a woman's right to exercise control over her body. Some proponents would argue that though the fetus is a person, it has limited rights compared to the already born mother and children who may be considered more superior. From a perspective of preference utilitarianism whose moral course of action is the one that leads to the most preferential satisfaction.

Then it can be argued that the unborn have no preferences whereas women do have thus permitting abortion in favour of woman’s preference. Support on the basis of woman’s right and capacity to choose what is best for her also exists in this case. This favors her choices despite the opposition or limitations to achieve the best. This would give her the autonomy she deserves and hence choose what to do with her body. This also brings out the issue of her husband’s disagreement which would only at best influence but not limit her choices.

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