1 00:00:00,270 --> 00:00:04,410 Thanks, all of you for coming in, particularly looking forward to our exchanges. 2 00:00:05,340 --> 00:00:07,860 And it looks like we'll have some substantial time for it. 3 00:00:08,360 --> 00:00:14,490 I'm still suffering from a bit of jetlag coming from New York, so I apologise in advance for how this may or may not affect my presentation. 4 00:00:15,060 --> 00:00:22,760 As you may know, we're in presidential debate season in the US and watching the news each day provides a new lesson on how to keep expectations low. 5 00:00:22,770 --> 00:00:31,170 So there's my attempt. So before talking about abortion, let me just say something about religious and secular interaction in general. 6 00:00:31,860 --> 00:00:36,150 And if I can offer my own experience, I hope you'll permit me to do that. 7 00:00:36,180 --> 00:00:43,710 In America, we have both robust religious and robust secular discourses trying to work things out in our public spheres. 8 00:00:44,040 --> 00:00:47,879 I come to these discussions specifically as a Christian ethicist who wants to 9 00:00:47,880 --> 00:00:53,010 speak on the most controversial issues in bioethics and ethics more generally. 10 00:00:53,610 --> 00:00:58,890 Some of my colleagues are very pessimistic about the possibility of such interaction and with good reason. 11 00:00:59,190 --> 00:01:10,110 Our culture is more polarised now than at any time since our civil war and divides largely along secular and religious approaches much of the time. 12 00:01:11,490 --> 00:01:20,340 But I'm actually more hopeful than many about this kind of interaction, especially given my recent interactions with Julian's mentor, Peter Singer. 13 00:01:21,450 --> 00:01:24,479 I've actually come to know Peter Singer rather well. 14 00:01:24,480 --> 00:01:32,070 I've debated Peter and lectured in his classes at Princeton. Last year he came to my doctoral seminar in bioethics at Fordham, 15 00:01:32,670 --> 00:01:36,900 and he came to dinner with some of us afterwards, which is kind of fun to to interact. 16 00:01:37,320 --> 00:01:42,540 It was a little bit difficult finding vegan options in the old school, Little Italy in the Bronx. 17 00:01:42,540 --> 00:01:50,339 But we managed to do that. We we plan to meet Peter and I planned a major international conference together at Princeton, 18 00:01:50,340 --> 00:01:54,030 trying to find common ground and ways to talk together about abortion. 19 00:01:54,720 --> 00:01:58,170 And next month, he will join a panel at Fordham that I put together, 20 00:01:58,590 --> 00:02:03,899 which puts him and I in conversation with a diverse group of Christian theologians about nonhuman animals, 21 00:02:03,900 --> 00:02:08,400 which I'm really looking forward to on the basis of these and other experiences. 22 00:02:08,430 --> 00:02:15,870 I want to argue that religious and secular discourse can go a million times better if the following three things can happen. 23 00:02:16,680 --> 00:02:23,579 First, religious folks like myself need to acknowledge the critiques that often come from secular folks, 24 00:02:23,580 --> 00:02:28,710 that our arguments rest on first principles for which we simply do not have arguments. 25 00:02:29,040 --> 00:02:32,040 They grab us or claim us by some kind of authority. 26 00:02:32,400 --> 00:02:39,690 They are based on faith. Second, secular folks need to acknowledge the critique that often comes from theologians, 27 00:02:39,930 --> 00:02:44,400 that their arguments also rest on first principles for which they do not have arguments. 28 00:02:44,730 --> 00:02:48,180 They also simply grab or claim them by some kind of authority, 29 00:02:48,660 --> 00:02:53,250 whether it is the utilitarian dogma that one person counts as one and not more than one, 30 00:02:53,760 --> 00:02:57,480 or the supreme libertarian doctrine of personal freedom and autonomy, 31 00:02:58,110 --> 00:03:02,310 or even simply general claims that we can recognise flourishing and well-being at all. 32 00:03:02,940 --> 00:03:08,400 These ideas come from a fundamental understanding of the good for which there simply cannot be arguments. 33 00:03:08,550 --> 00:03:12,720 They come from a narrative, a story, an intuition, an a priori commitment. 34 00:03:13,050 --> 00:03:16,590 In short, they are also based on faith. Third, 35 00:03:17,100 --> 00:03:21,299 armed with the knowledge that both religious and secular folks have faith based understandings 36 00:03:21,300 --> 00:03:26,490 of the good we if we and if we take the time and intellectual solidarity with each other, 37 00:03:26,930 --> 00:03:34,050 we can map out places where we agree and disagree. And my experience is that we often find the agreement is quite substantial. 38 00:03:34,890 --> 00:03:37,080 I would argue, though, would take longer to make the argument. 39 00:03:37,410 --> 00:03:42,720 I would assert, I guess for now that it is in particular because understandings of the good. 40 00:03:42,840 --> 00:03:48,000 Even in our secular discourse, are indebted to the Abrahamic religions for much of what they believe about the good. 41 00:03:48,570 --> 00:03:54,000 We could talk about that in question, answer if you like. This is an especially promising methodology, however, 42 00:03:54,600 --> 00:03:59,520 when we can find a way to talk in similar ways about where we agree about flourishing and well-being. 43 00:03:59,520 --> 00:04:04,230 And Julia and I are trying to work on a paper together on this right now, actually. 44 00:04:04,710 --> 00:04:08,310 It's slow going, but we're working on it together. At any rate, 45 00:04:08,310 --> 00:04:12,959 I found precisely this kind of substantial agreement in my systematic exploration of the 46 00:04:12,960 --> 00:04:17,250 thoughts of Peter Singer when combining them or comparing them with Christian ethics. 47 00:04:18,390 --> 00:04:23,430 In some ways, it is sad that this series will focus on abortion and euthanasia alone, 48 00:04:24,000 --> 00:04:28,920 because even though there is broad overlap in the premises of our arguments with these two issues, 49 00:04:29,130 --> 00:04:37,890 the ultimate conclusions are in fact quite different. But on issues like ethical concern for non-human animals and for poverty, for instance, 50 00:04:38,340 --> 00:04:43,230 the striking overlap is both with regard to premises and with ultimate conclusions. 51 00:04:44,220 --> 00:04:48,030 If you'd like to know more of what I think about those, I have a book that I just write. 52 00:04:50,070 --> 00:04:51,270 But let's turn to abortion, 53 00:04:51,270 --> 00:04:59,640 and I will use my interaction with Peter Singer as sort of a hermeneutic to both outline my argument and show the possibility of religious secular. 54 00:04:59,670 --> 00:05:02,430 Interaction. And let me say at the outset that I, 55 00:05:02,530 --> 00:05:08,579 I realise that abortion is not an uncommon procedure and my argument today is not meant to critique the 56 00:05:08,580 --> 00:05:14,400 decisions of anyone here or the decision of anyone else that you may know who hasn't had an abortion. 57 00:05:14,970 --> 00:05:17,520 As we will see, abortion is a very complex topic, 58 00:05:18,000 --> 00:05:25,020 and we need to make an important distinction between an ex in morality and someone being blameworthy for committing a particular act. 59 00:05:25,110 --> 00:05:30,330 Lots of mitigating circumstances would be would need to be take into consideration and move from one to the other. 60 00:05:31,620 --> 00:05:36,959 Also, at first glance, it looks as if abortion is a terrible place to start religious secular interaction. 61 00:05:36,960 --> 00:05:44,160 Right. And it's such a polarising issue, especially in my country, and especially in the context of Peter Singer's thought, 62 00:05:44,160 --> 00:05:46,710 who not only supports abortion but the right to infanticide. 63 00:05:47,640 --> 00:05:52,350 Though it's not unclear now whether he thinks it should be legally available, he certainly supports the moral arguments for it. 64 00:05:53,220 --> 00:06:00,600 While my tradition as a Catholic claims that even discarding an embryo is the equivalent of killing a person, it seems, why would we start here? 65 00:06:01,890 --> 00:06:07,940 But as anybody who has studied the issue knows, arguments about abortion have many premises and done well. 66 00:06:07,950 --> 00:06:12,959 They are incredibly complex, so I cannot hope to do justice to that complexity in the time I have remaining. 67 00:06:12,960 --> 00:06:20,100 But I can highlight the premises on which Peter Singer and the Catholic Church agree when it comes to abortion and then make a 68 00:06:20,100 --> 00:06:26,160 short argument about where I think they disagree and it's quite a narrow disagreement in the context of this really complex issue. 69 00:06:27,330 --> 00:06:31,560 So both agree that abortion cannot be justified on the basis of a right to privacy, 70 00:06:32,190 --> 00:06:35,400 which is currently the legal basis of it being permitted in the United States. 71 00:06:36,060 --> 00:06:40,830 Both Peter Singer and the U.S. Conference of Catholic Bishops would like to see the Supreme Court 72 00:06:40,830 --> 00:06:46,440 overrule Roe versus Wade and have the matter decided by a public argument and a legislative process. 73 00:06:47,400 --> 00:06:53,220 I think that's remarkable right there. Both agree that if the foetus is a person, it would be wrong to kill that person. 74 00:06:53,310 --> 00:07:00,480 All things being equal, both agree that if the foetus is a person, one has a duty to sustain that person with one's body. 75 00:07:00,960 --> 00:07:04,410 In other words, both agree that Thomson's Violinist's argument fails. 76 00:07:05,820 --> 00:07:12,750 Both disagree with the unintended consequences. Argument about legal protection of the law for foetuses acknowledged to be persons. 77 00:07:13,020 --> 00:07:19,589 Whether we are talking about the claims that such laws are unenforceable or they would an unacceptable harm women, 78 00:07:19,590 --> 00:07:28,560 or that it would create a far too intrusive government. All those arguments are dismissed by both approaches, though there are serious arguments. 79 00:07:29,520 --> 00:07:34,950 Both agree about a logical conclusion or a connection between abortion and infanticide. 80 00:07:35,370 --> 00:07:40,050 Singer claims that the same thing which justifies abortion also justifies infanticide. 81 00:07:40,380 --> 00:07:44,790 While the church claims the same thing which prohibits infanticide also prohibits abortion. 82 00:07:45,330 --> 00:07:52,500 They disagree about which way the reasoning goes, but they don't disagree about the logical connection where Singer and the church disagree. 83 00:07:52,890 --> 00:07:55,470 Unsurprisingly, is on the moral status of the foetus. 84 00:07:56,220 --> 00:08:01,140 But even within this sub argument, there are substantial number of premises that both have in common. 85 00:08:01,740 --> 00:08:08,400 For instance, both agree that the foetus is like us and that she is a human animal, a member of the species Homo sapiens. 86 00:08:09,360 --> 00:08:17,040 Both agree that there is no reasonable basis for claiming that an older foetus is a person and a younger foetus is a non-person. 87 00:08:17,550 --> 00:08:23,370 Even viability from both traditions adds no moral value. Both reject the concept. 88 00:08:23,670 --> 00:08:31,320 Both reject speciesism or the view that a foetus is a person merely because she is a member of the species homo sapiens. 89 00:08:32,250 --> 00:08:39,260 Or the view that only human organisms can be persons. For those of you that are unfamiliar with the Christian tradition, it may come as that. 90 00:08:39,450 --> 00:08:44,579 That may come as some surprise to you. But angels were considered persons throughout the tradition. 91 00:08:44,580 --> 00:08:47,160 Still are. And in an interesting development, 92 00:08:47,180 --> 00:08:53,520 an official from the Vatican Observatory recently said that he would baptise an alien if he had the opportunity and the alien asked, 93 00:08:55,230 --> 00:09:01,980 though they might have different. And finally, as an area of overlap they might have, they might mean different things by the term. 94 00:09:02,610 --> 00:09:08,760 But both think the argument about the moral status of the foetus turns on whether she can appropriately be described as rational. 95 00:09:11,040 --> 00:09:17,729 Okay, this then is where the disagreement lies. But isn't it just absurd to think of a foetus as rational? 96 00:09:17,730 --> 00:09:25,080 Right? If a foetus. If it is. It is no more absurd, I would argue, than it is to think of an infant as rational. 97 00:09:25,440 --> 00:09:29,910 I think Peter Singer is profoundly correct to claim that a newborn infant is no more rational than as a chicken. 98 00:09:30,900 --> 00:09:35,430 But there is an obvious distinction to be made between an infant and a chicken. 99 00:09:36,360 --> 00:09:41,549 The infant, if she is healthy and in the proper environment, will develop her traits such that she will become rational. 100 00:09:41,550 --> 00:09:45,390 The chicken will not. This, then, is the reason we should. 101 00:09:45,420 --> 00:09:52,320 In my view, we should consider both prenatal and neonatal human children to be persons because of their potential to be rational. 102 00:09:52,860 --> 00:09:57,870 And again, to qualify rationalist, not in the Enlightenment sense of rational. It's in the sort of medieval sense of rational. 103 00:09:57,870 --> 00:10:02,190 Which meant the. Our city to know and love God and therefore implied a relationship. 104 00:10:02,200 --> 00:10:06,690 So it's sort of, I would want to say rational and relational, but let's just stick with rational because both use the term. 105 00:10:08,460 --> 00:10:12,900 Now what I've just outlined for you is the famous for those of you that study this argument for 106 00:10:12,900 --> 00:10:16,770 potential and those of you that know about it probably know a lot of the objections to it. 107 00:10:16,770 --> 00:10:25,319 So let's just quickly go through them. Most of the arguments are reductive you out absurdum arguments, trying to give counter-examples to say, 108 00:10:25,320 --> 00:10:30,480 well, if you think that those are potential rational creatures, count as rational creatures. 109 00:10:30,720 --> 00:10:38,100 What about these examples? So Peter Singer offers one of them and he says the AFP, I'll just call it the AFP, 110 00:10:38,100 --> 00:10:42,270 arguing for potential can't work unless we are willing to consider fertility 111 00:10:42,270 --> 00:10:46,080 lab technicians blameworthy for rinsing spare sperm and over down the drain. 112 00:10:46,650 --> 00:10:52,060 Right. Because they have the potential to be rational and that's absurd, right? 113 00:10:52,080 --> 00:10:55,440 That's not the argument for potential fails that example. Let me give you two more. 114 00:10:56,190 --> 00:11:00,900 Michael Tooley, who some of you may know is an important philosopher, also a proponent of infanticide, 115 00:11:01,680 --> 00:11:06,419 says that the AFP can't work unless we are willing to say it at a future time where 116 00:11:06,420 --> 00:11:10,860 we have a drug available which can turn non-rational mammals into rational animals. 117 00:11:10,860 --> 00:11:16,379 Thought Experiment. We would consider animal control technicians blameworthy for euthanizing kittens. 118 00:11:16,380 --> 00:11:19,920 Right, because given this drug, they have the potential to be rational. 119 00:11:20,700 --> 00:11:23,759 I love analytic philosophy about experiments they just make. 120 00:11:23,760 --> 00:11:26,280 My day are altered. 121 00:11:26,280 --> 00:11:35,310 Charo says that the AFP can't work unless we are willing to consider me right now blameworthy as I scratch my skin and kill my skin cells. 122 00:11:35,760 --> 00:11:40,049 Why? Because in light of cloning, these cells that I'm killing right now have the potential to be rational. 123 00:11:40,050 --> 00:11:43,680 Right. We can turn these. We could, in theory, turn these skin cells into embryos. 124 00:11:44,190 --> 00:11:47,999 But that's absurd. All three are absurd and that's pretty devastating. 125 00:11:48,000 --> 00:11:51,540 Right. All all one needs is one counterexample to refute an argument. 126 00:11:51,540 --> 00:11:57,690 And then you got it. But we have three to deal with here. But in my response to all three, 127 00:11:59,130 --> 00:12:06,360 I want to say that what is going on here is actually a confusion of two different ways you might understand the concept of potential, 128 00:12:06,570 --> 00:12:14,790 and it's an important confusion. So let me try to unpack it. Aristotle passed on to Aquinas and then passed on to to the church. 129 00:12:14,790 --> 00:12:20,400 The distinction between passive potential on the one hand and active potential on the other. 130 00:12:21,120 --> 00:12:22,980 A thing has passive potential. 131 00:12:23,880 --> 00:12:29,160 If a thing has passive potential, it should not be considered right now the kind of thing it has the potential to become. 132 00:12:30,270 --> 00:12:34,230 For instance, a tree is a possible podium, right? 133 00:12:34,950 --> 00:12:41,939 But a tree should not be considered a podium. In order for a tree to become a podium, it would have to be cut down into pieces. 134 00:12:41,940 --> 00:12:46,259 It would have to be acted upon by an outside force that would change the kind 135 00:12:46,260 --> 00:12:50,130 of thing that it is would undergo and what I call a nature changing event, 136 00:12:51,300 --> 00:12:54,300 by contrast. So that's passive potential. 137 00:12:54,810 --> 00:12:58,740 By contrast, a sprouting acorn is a potential oak tree, 138 00:12:59,520 --> 00:13:05,520 but biologists already recognise that a sprouting acorn is already properly considered an oak tree. 139 00:13:07,050 --> 00:13:11,040 Here the sense of potential is active. There is no nature changing event. 140 00:13:11,460 --> 00:13:16,560 All the sprouting ACORN needs to do is mature as the kind of thing it already is. 141 00:13:17,460 --> 00:13:21,000 And this is how making this distinction helps us deal with the counterexamples. 142 00:13:21,780 --> 00:13:26,940 So whether we are talking about spare sperm and ova or pre drug to kittens or skin cells, 143 00:13:27,330 --> 00:13:30,840 it would take a nature changing event to make them into rational persons. 144 00:13:30,840 --> 00:13:35,730 Right? They only have passive potential for rationality. 145 00:13:36,510 --> 00:13:42,660 They would have to undergo a nature changing event. But foetuses and infants already have a rational nature. 146 00:13:43,170 --> 00:13:46,710 They just need the right energy, environment and time for this to happen. 147 00:13:47,460 --> 00:13:51,510 They have active potential for rationality and thus already should be considered 148 00:13:51,510 --> 00:13:57,240 persons already been having a technical moral theology substance of a rational nature. 149 00:13:58,710 --> 00:14:03,540 Now the Church is going to consider all means with this kind of nature, including angels and aliens. 150 00:14:03,540 --> 00:14:10,350 And I would want to I argue in the book that maybe some nonhuman animals should be considered persons as a result of their rational capacities. 151 00:14:12,240 --> 00:14:20,370 But and this includes but this includes not only all these not only prenatal and neonatal children, but as we will see tomorrow, 152 00:14:20,820 --> 00:14:26,670 I want to talk about those in a persistently unconscious state, various persistently unconscious states, 153 00:14:26,670 --> 00:14:34,230 as well as having the same kind of nature, such persons, because they often suffer. 154 00:14:34,560 --> 00:14:41,850 Let's face it, in my view anyway, of systematic discrimination and violent deaths deserve not only equal protection of the law, 155 00:14:42,780 --> 00:14:48,030 but the kind of preferential option for the most vulnerable that the Abrahamic religions insist upon. 156 00:14:49,800 --> 00:14:54,300 Let me also note in passing that the AFP is also the reason we should consider other 157 00:14:54,570 --> 00:14:59,550 non-rational humans to be persons such as those of us who are in non-REM sleep last. 158 00:14:59,610 --> 00:15:07,500 Night, or maybe you were drunk or otherwise intoxicated, or those who are even enraged or the mentally disabled. 159 00:15:07,590 --> 00:15:12,690 These are Homo sapiens that are rational, but there are they remain substances of a rational nature. 160 00:15:15,570 --> 00:15:21,540 Now, I could I could go on to another topic here. Do you want me to finish or get on one more topic? 161 00:15:22,950 --> 00:15:27,569 One place that I think both singer and the Catholic Church falls short in talking 162 00:15:27,570 --> 00:15:33,650 about abortion is with regard to feminist feminist issues and women's issues. 163 00:15:33,700 --> 00:15:37,320 Let me talk a little bit about that before before I conclude. 164 00:15:39,240 --> 00:15:43,470 This is a real concern. The history of men controlling women's bodies is horrific. 165 00:15:43,710 --> 00:15:48,510 And we should be sceptical of any attempts which look like it might do the same thing. 166 00:15:49,650 --> 00:15:53,310 And again, this is a personal nature for many, many women, and I want to respect that. 167 00:15:54,690 --> 00:15:55,620 But it must be said, 168 00:15:55,620 --> 00:16:03,000 I think if I'm going to make this argument today that I want to highlight some arguments that many of my pro-life feminist friends point out. 169 00:16:03,660 --> 00:16:09,240 And one of the things they start with is that the abortion rights rights regimes in the West came into existence under men, 170 00:16:10,350 --> 00:16:13,470 and it largely suits the social structures which favour men. 171 00:16:14,700 --> 00:16:18,390 It is seen as necessary for women to function in society. 172 00:16:18,780 --> 00:16:24,090 But that functioning seems to be as a cog in a market driven, capital producing wheel created by men. 173 00:16:25,290 --> 00:16:31,140 Many feminists are also sensitive to how mere choice magnifies social injustice. 174 00:16:32,070 --> 00:16:38,760 So in this case, when sexual sexual power still favours the male and it favours the male, especially in marginalised communities, 175 00:16:39,690 --> 00:16:46,110 abortions, availability and its expected use becomes a tool by which men exert power over women. 176 00:16:47,700 --> 00:16:51,420 Also, when women are not given the resources to care for their children, 177 00:16:51,750 --> 00:16:57,000 the access to abortion choice is not really a choice at all, but another form of coercion. 178 00:16:57,330 --> 00:17:01,560 I realise you guys here in the UK, in Europe don't have the same issues with this. 179 00:17:01,830 --> 00:17:07,409 We have the United States, but given the some of the situations of entrenched poverty that women find themselves, 180 00:17:07,410 --> 00:17:10,890 the choice for abortion is not really a liberating choice at all. 181 00:17:12,780 --> 00:17:16,200 Given this ban, it is hardly surprising that in the United States at least, 182 00:17:17,070 --> 00:17:22,590 that women are only slightly less likely than men to describe themselves as pro-life. 183 00:17:23,610 --> 00:17:28,889 This is despite the fact that women are told at every stage of their education that abortion, 184 00:17:28,890 --> 00:17:35,820 that the right to abortion is essential for their flourishing. Incidentally, this sort of compares, interestingly, at least in my view, 185 00:17:35,820 --> 00:17:39,990 to the numbers overall where we're going with this in the United States in 1996, 186 00:17:39,990 --> 00:17:47,190 according to Gallup, 56% of Americans describe themselves as pro-choice and 33% describe themselves as pro-life. 187 00:17:48,600 --> 00:17:52,049 In 2012, 50% describe themselves as pro-life. 188 00:17:52,050 --> 00:17:55,140 And only 41% is pro-choice, which was a record low. 189 00:17:55,440 --> 00:18:00,870 So even from 1996 to 2012, the numbers seem to be moving in this direction. 190 00:18:01,470 --> 00:18:08,300 And actually, it's especially true among young people, among the millennial generation, who also dramatically support gay marriage. 191 00:18:08,310 --> 00:18:14,670 So there's a little bit of interesting, interesting confluence there or maybe dissonance. 192 00:18:15,240 --> 00:18:20,010 But let me just conclude and get to Julianne. Let's go back to the big picture. 193 00:18:20,010 --> 00:18:26,490 So Peter Singer believes in infanticide, the church believes in protecting embryos, but the whole ballgame, at least on abortion. 194 00:18:27,360 --> 00:18:35,610 With all the complexity and premises involved, comes down to the very narrow and technical just disagreement that I just described. 195 00:18:36,120 --> 00:18:41,010 This is an important debate to have, and I wish we are able to have it more honestly and openly, 196 00:18:41,370 --> 00:18:46,260 but I'm confident that we can move forward if we engage our opponents in the spirit of intellectual solidarity. 197 00:18:46,740 --> 00:18:51,530 And that's why I feel so unfortunate to go with someone like Julian this way here today. 198 00:18:51,540 --> 00:18:57,210 I look forward to hearing what he has to say. So I'm very keen on this project. 199 00:18:58,380 --> 00:19:10,320 Some of my best friends are Catholics, so I think that it's it's correct to say that we are all individuals, and these groups, 200 00:19:10,320 --> 00:19:19,680 like Catholics or Utilitarians, often don't accurately represent the views of people within that tradition. 201 00:19:20,670 --> 00:19:28,829 So, for example, many of the the the positions that Charlie claimed that that Peter supports, 202 00:19:28,830 --> 00:19:32,490 I don't personally support as somebody who's broadly a consequentialist. 203 00:19:33,090 --> 00:19:35,360 And as I said, many of my best friends are Catholics. 204 00:19:35,370 --> 00:19:41,430 They don't have the same position as the pope or fundamentalist elements of the the Catholic Church. 205 00:19:41,440 --> 00:19:47,969 And I think one of the important projects today is to try to find a consensus in that 206 00:19:47,970 --> 00:19:53,280 middle ground of people who are willing to revise their views and find common ground. 207 00:19:53,700 --> 00:19:59,310 So I've actually written a new talk for this size, a sort of tribute to Charlie's kind of I. 208 00:19:59,410 --> 00:20:04,480 Years. And and it's it's one example of where I revise my own views. 209 00:20:05,110 --> 00:20:08,730 And I think they're in some ways closer to two. 210 00:20:08,860 --> 00:20:11,710 To a Catholic position. And certainly they began with. 211 00:20:12,430 --> 00:20:17,260 But let me first give you the backgrounds of how I arrived at this position and then the implications. 212 00:20:18,370 --> 00:20:24,310 So in March, I will make some remarks if there is time on on Charlie's arguments about potentiality. 213 00:20:25,450 --> 00:20:31,030 I think they're wrong, but I think there's a grain of truth in them and again, a common ground that we can share. 214 00:20:31,390 --> 00:20:34,720 But let me start off with my journey towards reconciliation. 215 00:20:35,740 --> 00:20:45,370 In March 2006, a 21 year old Cleveland man, Christopher Charles Anson, was driving home from a party with his 17 year old girlfriend, Jessica Cross. 216 00:20:46,180 --> 00:20:53,020 She was four months pregnant. They began to argue about her ability to care for their child challenged son who had been drinking, 217 00:20:53,350 --> 00:20:57,460 became angry and began to weave in high speed through the traffic. 218 00:20:57,730 --> 00:21:04,210 He lost control of the car and crashed. Cross was left paralysed from the chest down and the baby died. 219 00:21:04,840 --> 00:21:08,440 Challenge Son was unhurt because he killed the baby. 220 00:21:08,920 --> 00:21:15,640 He was charged with homicide in the state of the United States, as well as assault for ruining her life, as her father put it. 221 00:21:16,330 --> 00:21:25,060 So here we have a case where a man is charged with homicide for killing a foetus in January 2005. 222 00:21:25,540 --> 00:21:32,350 Allison Miller and Todd Parrish sued their fertility clinic, the Centre for Human Reproduction, in Chicago. 223 00:21:32,780 --> 00:21:40,090 They'd been having IVF in 2002 and had stored nine embryos, one of which was mistakenly discarded by the clinic. 224 00:21:40,600 --> 00:21:48,340 The clinic apologised and offered the couple a free cycle of IVF, but they sued the clinic for the wrongful death of their embryo. 225 00:21:49,300 --> 00:21:55,840 Now contrast those two cases with the fact that in countries like the United States, 226 00:21:55,840 --> 00:22:01,570 the United Kingdom, Australia, hundreds of thousands of abortions of foetuses occur every year. 227 00:22:02,050 --> 00:22:05,950 The foetuses are killed and these are not deemed to be crimes. 228 00:22:06,340 --> 00:22:10,330 Nearly all of these abortions are for healthy, normal babies. 229 00:22:10,990 --> 00:22:15,700 No one is charged with murder or negligence over these deaths. 230 00:22:16,420 --> 00:22:22,240 Thousands of embryos are destroyed. In Australia, the United Kingdom, America every year. 231 00:22:22,360 --> 00:22:30,370 In fact, the law in countries like Australia and the United Kingdom requires their destruction after a certain period, usually 5 to 10 years. 232 00:22:31,120 --> 00:22:36,310 So how can killing a foetus, on the one hand be homicide and on the other hand, no crime at all? 233 00:22:37,390 --> 00:22:41,890 How can the destruction of embryos at the same time be required by law and widely practised, 234 00:22:42,430 --> 00:22:47,800 but also in some places be the crime of wrongful death and a moral abomination? 235 00:22:49,240 --> 00:22:54,250 How can one act the killing of early human life be both right and wrong? 236 00:22:54,850 --> 00:22:59,290 We are polar opposite attitudes, moral norms and laws relating to embryos and foetus. 237 00:22:59,740 --> 00:23:01,630 How can this conflict be reconciled? 238 00:23:02,470 --> 00:23:09,880 Now, one solution, which has been proposed by the Christian right, including fundamentalist elements of the Catholic Church, 239 00:23:10,150 --> 00:23:19,150 pro-life movements and some politicians, is to give the embryo from the moment of conception a full right to life to treat it like a child. 240 00:23:19,600 --> 00:23:27,070 This proposal has been championed, in fact, by the current Opposition Leader of the Australian Liberal Party, Tony Abbott. 241 00:23:28,000 --> 00:23:36,730 Now the strategy of giving an embryo or a foetus a full right to life certainly resolves this conflict in the practices relating to early life. 242 00:23:36,790 --> 00:23:39,190 Killing embryos and foetuses would then always be wrong. 243 00:23:40,210 --> 00:23:46,330 But it also leaves us in a world with no abortion, even after rape or when the woman's life is at stake. 244 00:23:46,510 --> 00:23:52,360 Now, effective contraception, the most common methods, the IUD and the pill, both destroy early human life. 245 00:23:52,540 --> 00:23:55,810 No IVF and ultimately no control over reproduction. 246 00:23:56,320 --> 00:24:05,860 And this appeal to the potentiality would create enormous problems for society because the greatest loss of human beings occurs before birth. 247 00:24:06,610 --> 00:24:10,900 Huge numbers of embryos, four out of five embryos perish before even producing a baby. 248 00:24:11,110 --> 00:24:19,120 If they were human beings, this would dwarf all disease that currently exists amongst, you know, existing persons. 249 00:24:19,810 --> 00:24:25,900 And we should devote all of our medical resources, as Toby Ord argues, to the scourge of early foetal loss. 250 00:24:27,430 --> 00:24:32,079 Now, many conservative, religious and political leaders joyfully embrace these these consequences. 251 00:24:32,080 --> 00:24:36,729 They seek to impose these values on the rest of society because they believe on 252 00:24:36,730 --> 00:24:42,250 faith and without consideration of any revision of their views to be right. 253 00:24:42,520 --> 00:24:45,100 This is just the sort of disrespect for liberty, 254 00:24:45,250 --> 00:24:52,390 intolerance and moral pike headedness that we find so contemptible in regimes like that of the Taliban. 255 00:24:53,440 --> 00:24:59,080 Now in Australia, our own aspiring Prime Minister, Tony Abbott, once wrote of the importance. 256 00:24:59,160 --> 00:25:04,139 Some Christian values in public life and lauded Australian Christian politicians now over the 257 00:25:04,140 --> 00:25:09,150 kinds of Christian values which claim that the embryo and foetus have the same right to life, 258 00:25:09,300 --> 00:25:17,850 exactly the same rights of life as other humans accounts for poorly accounts poorly for the way in which modern liberal society actually functions, 259 00:25:18,660 --> 00:25:23,790 and the conflict with widely accepted and valued practices. 260 00:25:27,270 --> 00:25:29,549 Now there is a value to controlling our reproduction, 261 00:25:29,550 --> 00:25:38,640 to deciding how many children we will have and when to have them go forth and multiply was a biblical injunction, but there is a limit to that. 262 00:25:39,630 --> 00:25:45,870 Every human life has a value when it's a part of a plan, sometimes a well-formed plan in the context of a blissful, 263 00:25:45,870 --> 00:25:52,079 loving marriage, but sometimes an inarticulate intention in a chaotic or immature relationship. 264 00:25:52,080 --> 00:25:57,000 To have a child is the wrong thing. And sometimes there are too many people in the world. 265 00:25:57,870 --> 00:26:06,480 The moral reason that challenged Son was wrong to act in a way which killed his girlfriend's baby was because she wanted to have the baby. 266 00:26:07,290 --> 00:26:15,690 Challenge Sin is more like a drunk driver who recklessly kills an innocent child than a doctor who performs an abortion at a woman's request. 267 00:26:16,860 --> 00:26:23,940 It should have been Miller and Parrish who decided the fate of their embryos, not the Chicago clinic, no matter what the law. 268 00:26:23,970 --> 00:26:29,940 The destruction of embryos is a moral crime when parents want to have them, if they don't want them. 269 00:26:31,680 --> 00:26:40,740 I'd like to say there's nothing wrong, but I'm going to go argue and argue that there is something wrong, but nothing hugely wrong in destroying them. 270 00:26:42,030 --> 00:26:47,010 So here is the solution to the puzzle of our conflicting attitudes towards the embryo and the foetus. 271 00:26:47,400 --> 00:26:53,250 Embryos have a special moral value when they're part of a plan to have a child, or at least desired by the people who made them. 272 00:26:53,760 --> 00:26:58,680 Embryos don't have special moral value when they're not desired by the people who form them. 273 00:26:59,280 --> 00:27:04,739 One of the greatest ethical advances has been to give people freedom to control their own reproduction, 274 00:27:04,740 --> 00:27:07,230 to decide how many children to have, when to have children. 275 00:27:08,190 --> 00:27:15,630 This is precisely something that the fundamentalist elements of the Catholic Church seek to deny this reproductive liberty. 276 00:27:16,110 --> 00:27:20,850 Fortunately, women no longer have to have ten or 20 children during their reproductive lives. 277 00:27:21,780 --> 00:27:28,980 So the two missing puzzles in the puzzle of early life are the value of reproductive liberty and the conditional moral status of early life. 278 00:27:30,690 --> 00:27:39,390 Now the implications of the foetus or embryo having conditional value, I view the embryo or the foetus as like a work of art. 279 00:27:41,460 --> 00:27:55,240 Now something like the Mona Lisa. It's wrong to destroy valuable art for no reason, and it will be wrong even to fail to produce that valuable art. 280 00:27:55,260 --> 00:28:00,959 If we had no good reason. Imagine that Da Vinci was sitting around with nothing special to do one day, 281 00:28:00,960 --> 00:28:04,080 and he thought, Well, maybe I could paint something that will become the Mona Lisa. 282 00:28:04,290 --> 00:28:08,280 He said, No, I prefer to go to the pub and have a drink with my friends. 283 00:28:09,180 --> 00:28:10,139 This would be, I believe, 284 00:28:10,140 --> 00:28:16,890 a wrong thing because of all the joy that he's brought to future people through their viewing of that art and numerous other values. 285 00:28:18,120 --> 00:28:23,700 Now he has a reason to produce that art, and we have a reason not to destroy it. 286 00:28:24,270 --> 00:28:30,180 But we don't have to ascribe an intrinsic moral value to the Mona Lisa to make those claims. 287 00:28:30,330 --> 00:28:34,770 We only have to client appeal to its conditional value. 288 00:28:34,770 --> 00:28:41,910 Conditional on its value to people who have been alive or will be alive or are alive. 289 00:28:42,540 --> 00:28:47,130 Now it seems trivialising to value earthly human life and to compare it to art. 290 00:28:48,780 --> 00:28:53,670 But one could make the extreme claim that every human life is more valuable than the Mona Lisa. 291 00:28:54,330 --> 00:28:57,600 Even so, I think few people would accept that. 292 00:28:57,600 --> 00:29:04,110 But even if it were true, we're still not under a strong obligation to have children or to refrain from abortion 293 00:29:04,110 --> 00:29:09,630 in the same way as Da Vinci is not under a strong obligation to produce such a thing. 294 00:29:10,050 --> 00:29:13,950 Other reasons could defeat the obligation to produce such works of art. 295 00:29:15,330 --> 00:29:23,400 Now, when it comes to spare IVF embryos for couples who have already had the number of children that they want, 296 00:29:23,880 --> 00:29:29,340 we're faced with a similar kind of problem. Other couples want to use them. 297 00:29:29,790 --> 00:29:33,180 Yet almost routinely those embryos are destroyed. 298 00:29:34,050 --> 00:29:39,810 This is like in many ways the destruction of a work of art for no good reason. 299 00:29:41,340 --> 00:29:49,010 Now consider abortion. People bring value to each other's lives. 300 00:29:49,280 --> 00:29:53,330 And when a couple decides or a woman decides to have an abortion, 301 00:29:54,440 --> 00:30:03,170 she's in many ways denying future people who will exist the value that that child would have brought to their lives. 302 00:30:03,470 --> 00:30:08,180 This is most obvious in those cases where there's a couple who wish to adopt the child. 303 00:30:08,660 --> 00:30:12,770 But in more general cases, that child brings value to society. 304 00:30:13,640 --> 00:30:22,160 People like Derek Parfit and myself have even argued that there are impersonal values or impersonal reasons that have to do with reproduction. 305 00:30:22,160 --> 00:30:32,360 But we needn't deal with that difficult issue here. We can simply concentrate on the value that a child, a baby, a foetus would bring to the future. 306 00:30:32,360 --> 00:30:38,390 In the same way as creating a piece of art or some other valuable object would bring to future people. 307 00:30:39,500 --> 00:30:48,020 Now, as I said, we have reasons to create objects, pieces of art, and also to bring into existence possible people. 308 00:30:48,560 --> 00:30:53,990 But this is only a prototype or prima facie reason or a feasible obligation. 309 00:30:54,410 --> 00:31:01,430 Nobody would argue that we have an overriding obligation to bring about whatever value we can into the future. 310 00:31:02,570 --> 00:31:05,990 Clearly, this has to be weighed against other reasons. 311 00:31:06,080 --> 00:31:11,150 Reasons to control the global population. Duties to oneself and one's existing children. 312 00:31:11,360 --> 00:31:18,469 Duties to the environment and so on. All of these obligations or reasons have to be weighed in order to decide whether one has, 313 00:31:18,470 --> 00:31:22,670 all things considered, a reason to have a child or not have a child. 314 00:31:23,780 --> 00:31:29,900 And given that the reasons to do with bringing art forms into existence or things that 315 00:31:30,200 --> 00:31:35,630 benefit other people are much smaller than the reasons we typically have to existing people. 316 00:31:35,900 --> 00:31:41,930 These obligations will will typically be quite weak, but nonetheless they exist. 317 00:31:43,280 --> 00:31:50,959 So in those cases where a giving up an embryo world foetus imposes very little 318 00:31:50,960 --> 00:31:57,180 cost on a couple the reasons to keep those embryos or foetuses up much stronger. 319 00:31:57,200 --> 00:32:04,739 So for example, a vector genesis, the ability to to bring to gestate embryos outside of foetuses outside of the female body 320 00:32:04,740 --> 00:32:10,670 were the case then the costs of giving up a foetus or an embryo would be much less. 321 00:32:10,850 --> 00:32:15,540 The costs are smallest in the case of spare embryos from IVF. 322 00:32:16,010 --> 00:32:20,950 So in these cases, the reasons to give them up are not out wide, 323 00:32:21,290 --> 00:32:27,410 typically by strong personal reasons that would would argue in favour of their destruction. 324 00:32:29,210 --> 00:32:36,890 So in some cases, a few cases, I think it can be all things considered wrong to destroy embryos or even foetuses, 325 00:32:36,890 --> 00:32:47,270 particularly those which are spare from IVF. I believe we have obligations, not utilitarian obligations, but obligations of a duty of easy rescue. 326 00:32:47,690 --> 00:32:55,430 So one minimal form of consequential ism is to argue that when the cost to you is small and the benefit to somebody else is large, 327 00:32:55,700 --> 00:32:58,220 you have a moral obligation to perform that act. 328 00:32:58,880 --> 00:33:06,470 Now, it's interesting that Peter, typically, when he goes to argue in public, doesn't argue from utilitarian considerations. 329 00:33:06,710 --> 00:33:10,190 He argues from this consideration, which is much more acceptable to everyone. 330 00:33:11,300 --> 00:33:19,520 So he's his arguments about alleviation of poverty are based on these sorts of duty of easy rescue considerations. 331 00:33:20,000 --> 00:33:23,690 So it's clear that people could be it seems to me clear that people could be 332 00:33:23,690 --> 00:33:28,160 under an obligation to have a child when it's a case of a duty of easy rescue, 333 00:33:28,640 --> 00:33:34,549 such as when it would be a matter of merely giving up embryos which are no longer required for reproduction 334 00:33:34,550 --> 00:33:41,990 to another couple who desperately want to gestate a child and have a have a child of their own. 335 00:33:43,640 --> 00:33:46,340 Now, this could even be a legal requirement. 336 00:33:46,850 --> 00:33:56,420 It seems to me that both conservatives about the moral value of embryos and foetuses and consequentialist such as myself, 337 00:33:57,140 --> 00:34:03,860 who see some value to bringing embryos and foetuses to the point of producing a 338 00:34:03,920 --> 00:34:10,730 live born person could agree that the law should require a duty of easy rescue. 339 00:34:11,360 --> 00:34:19,340 So my view the law should change to require couples who are engaging in IVF, who no longer acquire their embryos, 340 00:34:19,550 --> 00:34:23,290 to give those embryos to couples who are childless and who want them, 341 00:34:23,630 --> 00:34:28,160 and also to give them to scientists who are doing bona fide research on the embryo. 342 00:34:28,730 --> 00:34:33,320 So according to this argument, there is something wrong about abortion. 343 00:34:33,800 --> 00:34:41,450 It's not that it denies a future of value, as Donmar Keyser said, because that argument is obviously mistaken, 344 00:34:41,450 --> 00:34:44,750 because if you have an abortion, there is no future child is deprived of a. 345 00:34:44,990 --> 00:34:47,450 You have value, but it's a variant of that. 346 00:34:47,720 --> 00:34:56,240 It says that you deprive other people in the future of the value that this individual would bring to their lives, 347 00:34:56,240 --> 00:34:59,810 in the same way as you deny them the value that a piece of art would provide them. 348 00:35:00,350 --> 00:35:04,300 So there is something wrong with abortion and there is something wrong with destruction of embryos. 349 00:35:04,310 --> 00:35:08,420 And I think we can agree that the needless destruction, 350 00:35:09,000 --> 00:35:16,160 the reason this destruction of embryos as a part of IVF is something that's wrong and indeed probably should be legislated against. 351 00:35:17,510 --> 00:35:18,829 So I think I have a couple minutes. 352 00:35:18,830 --> 00:35:26,300 So let me make a couple of remarks about Charlie's argument from potential, because I think a lot of it hinges on this and a lot of it. 353 00:35:26,330 --> 00:35:30,950 I don't want to make this a debate around potential and the difference between active and passive potential. 354 00:35:31,850 --> 00:35:41,990 But I'll make this one point. Charlie made the telling point that that a tree is no podium because you have to do something to it. 355 00:35:42,620 --> 00:35:50,180 You have to modify it in order for it to become a a a podium. 356 00:35:51,140 --> 00:36:00,830 So to with IVF embryos and embryos sitting in a Petri dish is not going to produce a baby unless you transfer into a human uterus. 357 00:36:01,040 --> 00:36:04,610 And that's a human act, a technological act. 358 00:36:05,360 --> 00:36:09,650 So I can't see even if his argument applies, which I don't think it does, 359 00:36:10,100 --> 00:36:20,630 to foetuses and embryos that occur naturally, that the same argument would apply to two IVF embryos. 360 00:36:22,160 --> 00:36:30,739 Now, as I said, I don't accept this argument because as the recent research using EPA cells has shown every and he mentions Alta Charo. 361 00:36:30,740 --> 00:36:34,219 But I've made the same argument myself somewhere rather general medical ethics. 362 00:36:34,220 --> 00:36:39,950 One point a somatic cell has a complete genetic complement in the same way as an embryo. 363 00:36:40,880 --> 00:36:46,730 Yet, as Yamanaka has shown, a few of those genetic switches are turned in certain ways. 364 00:36:47,420 --> 00:36:56,930 How can you say that there's a huge moral difference between an embryo that occurs naturally and a skin cell 365 00:36:57,110 --> 00:37:01,760 when both of them have the same genetic complement and a few genetic switches are turned the other way. 366 00:37:02,180 --> 00:37:09,110 Surely if one has an active potential, the other has an active potential because they're both the same biological, some substance. 367 00:37:09,320 --> 00:37:12,950 In fact, they're genetically, you know, identical to each other. 368 00:37:13,220 --> 00:37:19,820 So I can't see how you can say you can make this argument that one has a passing potential and the other has an active potential. 369 00:37:20,450 --> 00:37:23,809 Both of them have the instructions for an entire human being. 370 00:37:23,810 --> 00:37:30,980 And it's a matter of chance or matter of circumstance or a matter of evolution that the switches happen to be in one way or the other. 371 00:37:31,820 --> 00:37:38,960 And as I said, I think Johnny Pew will have more to say about Charlie's arguments about potential. 372 00:37:39,290 --> 00:37:43,520 But as I said, the implications of this are devastating. 373 00:37:43,790 --> 00:37:51,830 If you really accept that we should give special moral consideration to embryos in virtue of their potentiality, 374 00:37:52,250 --> 00:37:58,729 our whole pattern of medical research and medical treatment should radically shift because we have an 375 00:37:58,730 --> 00:38:04,310 epidemic of an embryo death that kills many more people than die every year from any other disease. 376 00:38:06,440 --> 00:38:11,960 But I don't want to be intensely critical. I think that consequentialist such as myself, 377 00:38:12,650 --> 00:38:21,140 who accept a duty of easy rescue and accept considerations of value and non consequentialist such as Charlie can both agree 378 00:38:21,380 --> 00:38:27,710 that in certain circumstances there's something wrong about abortion and something wrong about the destruction of embryos. 379 00:38:27,920 --> 00:38:30,990 How we should respond to that in law is a separate question. 380 00:38:31,010 --> 00:38:35,550 I think the the revisions of law that are necessary on Syria are fairly limited. 381 00:38:35,560 --> 00:38:36,530 But I'll finish there.