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Defending Life: A Moral and Legal Case Against Abortion Choice unknown Edition

4.8 4.8 out of 5 stars 39 ratings

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Defending Life is the most comprehensive defense of the prolife position on abortion ever published. It is sophisticated, but still accessible to the ordinary citizen. Without high-pitched rhetoric or appeals to religion, the author offers a careful and respectful case for why the prolife view of human life is correct. He responds to the strongest prochoice arguments found in law, science, philosophy, politics, and the media. He explains and critiques Roe v. Wade, and he explains why virtually all the popular prochoice arguments fail. There is simply nothing like this book.

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Editorial Reviews

Review

"By a masterful marshalling of the pertinent arguments and a civil engagement with the counter-arguments, Beckwith makes a convincing case for law and social policy based on reason and natural rights rather than the will to power."
Reverend Richard John Neuhaus, Editor-in-Chief, First Things

"Like a superhero fighting on hostile turf with one arm tied behind his back, Francis J. Beckwith confronts every argument ­- popular, legal, and philosophical ­- that comes out against the pro-life position and fends them off one by one with steadfast rationality and exuberant invention. Between punches, drawing on the science of embryology and on philosophical anthropology, he develops a gracious and luminous case for the simple goodness of human life and the basic equality of all members of the human community from the moment of conception. Readers will judge for themselves whether or not he delivers a knock-out, but after working through Defending Life: A Moral and Legal Case against Abortion Choice, no one can honestly hide behind such conceits as that all educated people support abortion, that nothing but blind faith rejects abortion rights, or that we are faced with a tragic choice between intelligence and life."
James R. Stoner, Jr., Louisiana State University

"Using an argument rooted in nondiscrimination and equality of persons, Beckwith deftly combines the analytical tools of philosophy, jurisprudence, and science to construct a brilliant case for governmental protection of the unborn. Critics will have difficulty refuting the logical conclusion that emerges from his basic premises."
Carol Swain, Vanderbilt University

"Francis Beckwith’s Defending Life directly confronts, with careful analysis of specific texts, a wide variety of arguments made by prominent scholars who favor abortion rights, including Judith Thomson, David Boonin, Dean Stretton, Eileen McDonagh, Paul Simmons, and Stuart Rosenbaum. Those who read the book may not agree with Beckwith, but they will have no ground to complain that he has not taken the arguments on the other side seriously, since the book is a sustained analysis and critique of the most important arguments in defense of abortion rights. It is often said that the anti-abortion position is fundamentally religious. Defending Life, however, provides a comprehensive and sophisticated philosophical defense of the position – too often given short shrift in academia – that abortion involves the deliberate, unjustifiable killing of a member of the human community. It is an invaluable contribution to debate on this central social and political issue."
Christopher Wolfe, Marquette University

"As the Supreme Court’s recent decision upholding the ban on partial birth abortion and the controversy over stem cell research make clear, the issues surrounding respect for life will continue at the forefront of American politics in the twenty-first century. Professor Beckwith’s new book makes an important contribution to these debates. Defending Life is, and is likely to remain for a long time, the most thorough and detailed statement of the pro-life position. It is well-written and learned; the author’s command of the relevant literatures, both legal and philosophic, is impressive."
Jean M. Yarbrough, Bowdoin College

"...in his new book, Defending Life, leading pro-life scholar Francis J. Beckwith offers a precise statement of the philosophical and jurisprudential case the movement has developed....the Supreme Court has not settled the abortion issue; and when the abortion question eventually returns to the electorate, careful thinking will be crucial. That's when Beckwith's Defending Life will be helpful indeed."
Ryan T. Anderson, National Review

"This is important work... Beckwith performs a most effective demolition job on the pro-choice movement's more hackneyed arguments... [This book] is worthwhile reading for pro-life thinkers who wish to track Roe's deadly march through the American intelligentsia. It's more worthwhile still for pro-life thinkers who know that, while Roe may have won many battles since 1973, the war is far from over. Defending Life will equip pro-life activists to make a logically sound defense of human dignity."
Douglas LeBlanc, Christianity Today

"Defending Life is a profound and vigorous defense of the right to life, as well as a comprehensive rebuttal to every conceivable argument in favor of abortion."
Inside The Vatican

"...Beckwith has written a careful and meticulous treatise about why the fetus should have a personhood status equal to that of a born human being from the moment of conception. This is exactly where legislation is heading, and his book may bolster those efforts..."
--Eileen McDonagh, Northeastern University

Book Description

Defending Life is the most comprehensive defense of the pro-life position on abortion ever published.

Product details

  • Publisher ‏ : ‎ Cambridge University Press; unknown edition (August 13, 2007)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 314 pages
  • ISBN-10 ‏ : ‎ 0521691354
  • ISBN-13 ‏ : ‎ 978-0521691352
  • Item Weight ‏ : ‎ 14.4 ounces
  • Dimensions ‏ : ‎ 6.12 x 0.71 x 9.25 inches
  • Customer Reviews:
    4.8 4.8 out of 5 stars 39 ratings

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4.8 out of 5 stars
39 global ratings

Top reviews from the United States

Reviewed in the United States on September 27, 2007
This is certainly the newest pro-life work to appear, and arguably among the best. It not only lays out the legal, rational, moral and philosophical case against abortion choice, but it more broadly makes the case for human equality and the sanctity of life.

Beckwith is an American professor of law and philosophy who has written extensively on these issues previously. This volume brings together years of thinking and debating on this contentious issue. It is an invaluable resource for all those wishing to stand up for human life at all stages of development, and to counter the arguments of the pro-choice brigade.

The first third of the book paints with broad brush strokes, examining moral reasoning, legal considerations, and political dimensions of the abortion debate.

The second third of the book looks more closely at the abortion debate per se, looking at the science, the morality and the arguments involved in the debate about abortion.

The final third of the book extends these considerations to recent developments in bioethics, including cloning and stem cell research.

The second and longest section of this book does many things, including carefully dismantling the various arguments put forward by the pro-abortion camp. All the leading pro-abortion thinkers, such as Thompson, Boonin, Stretton, and Dworkin are taken on, with their positions carefully assessed and interacted with.

On the broader issue of human equality, Beckwith argues for the substance view which states that a human being "is intrinsically valuable because of the sort of thing it is and the human being remains that sort of thing as long as it exists". That is, an individual "maintains absolute identity through time while it grows, develops, and undergoes numerous changes".

Various functions and capacities, whether fully realised or utilised do not constitute a person. Thus a human being is never a potential person, but is always a person at different stages of development, whether potential properties and capacities are actualised or not.

This view stand in stark contrast to the utilitarian and functionalist views held by most pro-abortionists. They argue that personhood is not inherent or intrinsic, but based on certain capacities and functions, be it consciousness, sentience, self-awareness, the ability to reason, and so on.

As to the specifics of the abortion debate, Beckwith responds to the numerous objections raised by pro-abortionists over the years. For example, consider the argument often heard, involving the hard cases of rape and incest. These are certainly tragic events, but in no way can they be used to justify an abortion.

First, such cases are extremely rare, making up just a tiny fraction of all abortions. Second, to argue for the legalisation of abortion because of these extreme cases would be similar to arguing that we eliminate traffic laws because in some rare cases they need to be violated, as in rushing a loved one to hospital.

Third, it simply begs the question by assuming the unborn child is not fully human. Fifth, to justify abortion in these circumstances is to argue that it is acceptable to forfeit a life for the alleged benefit of another. But a basic ethical intuition argues that we may not kill one person to possibly save another. John may desperately need a vital organ of Mary to stay alive, but he has no right to demand it, especially if it entails killing her in the process.

The more recent, and difficult, cases of embryo research, human cloning and stem cell therapies are also examined, looking at the various justifications given for them, and their pro-life responses. Similar issues arise here concerning the nature of personhood and the inviolability of life.

Beckwith closes by laying out his case as it has been argued throughout: the unborn are full members of the human community; it is wrong to kill members of that community; abortion kills the unborn entity; therefore abortion is morally wrong.

The three hundred pages of tightly-knit argumentation and logical-constructed reasoning take on nearly all the major justifications for abortion. All are found wanting - morally, legally, and philosophically. Beckwith is to be praised for assembling in one volume some of the best pro-life argumentation around.
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Reviewed in the United States on May 21, 2018
This is one of the better books dealing with the complex issue of the morality of abortion. In it, Beckwith, I believe, successfully defeats some of the most important and compelling pro abortion choice arguments, including those by David Boonin and J J Thomson.

Beckwith also wonderfully illustrates the flawed logic behind Roe v. Wade, Doe v. Bolton and other Supreme Court decisions. His note 76 to chapter 8 is lucid and powerful and so good I am tempted to quote it here in its entirety.

But, of course, the best pro abortion choice arguments do not underpin the important (and weakly reasoned) Supreme Court decisions on abortion. The best pro abortion choice arguments, which can be complex and powerful, have to do, I believe, with a woman’s bodily autonomy. And Beckwith does an admirable and compelling job in dealing with the best of these arguments.

This book does not contain religious arguments, nor should it in my view. The arguments contained in Defending Life are worthy of careful consideration by people holding any view on the important issue of abortion.

Why is the issue important? The closing words of the book paint a clear picture:

“[The] moral truth [that the deliberate killing any member of the human family, regardless of age or state under normal circumstances is morally wrong] is the one strand in the tapestry of republican government that, if removed, will put in place premises that will facilitate the unraveling of the understanding of ourselves and our rights… [I]f we are, as even supporters of abortion must assume, bearers of moral rights by nature (including the ‘right to choose’), then there can be no right to abortion, for the one who has the ‘right to choose’ is identical to her prenatal self. Consequently, the right to abortion can only be purchased at the price of abandoning natural rights and replacing them with the will to power. It is a price not worth paying.”

As an aside, I really feel the choice for the photograph on the cover of the book is a regrettable choice. First, the pro-life movement does not consist primarily of men...and it is men who are more prominent in this photo. Further, the signs pictured contain the Knights of Columbus (K of C) insignia...and the K of C is a catholic organization. Finally, the event depicted in the photo is a march to protest legal abortion. I have no beef with religious arguments against abortion. I have no beef with the K of C. And I have no beef with protests or religion in general. What bothers me is that this book is written purely from a philosophical perspective and can, therefore, be appreciated by even the most hardened of the new atheists...and the cover does not represent what the book contains and I worry that it will scare off honest and thoughtful people who are not religious.
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Top reviews from other countries

Grace
5.0 out of 5 stars very good
Reviewed in the United Kingdom on February 21, 2021
came in amazing quality
Randy A. Stadt
5.0 out of 5 stars Abortion and the art of sophistry
Reviewed in Canada on May 21, 2008
We live in an age of paradox. On the one hand, scientific concepts are confidently and systematically understood, and our control of the physical world continues to expand through our employ of thorough, rigorous scientific method. On the other hand, the poverty of moral discourse is such that, in the words of J. Budziszewski, "it is...like a great smoke which fills our houses and dulls our minds and makes it difficult to complete any thoughts." Trying to discuss moral issues such as abortion in my experience does not lead to reasoned discussion; instead it is waved off as uninteresting or intractable, or the "right to choose" mantra is immediately invoked.

Francis Beckwith, however, notes that the climate has changed a bit in recent years. People are not so sure of moral relativism in the post-9/11 West. As stem cell research and the spectre of cloning bring to light alarming technological possibilities, we are forced to confront issues of what it means to be human. The thrust of Beckwith's argument, then, is to at the same time clarify the abortion debate and also advance the prolife position, by blowing away the smoke of confusion and appealing to our basic moral intuitions.

On January 22, 1973, Roe v. Wade was issued, and with its companion decision, Doe v. Bolton, it effectively legalized abortion on demand for all nine months of pregnancy. However, the reasoning used by Justice Harry Blackmun, who authored Roe, was flawed. To build his case, he had to overcome two legal impediments. The first was regarding the purpose of the anti-abortion laws that many states had enacted beginning in the nineteenth century. The reason, he said, these laws existed was not to protect prenatal life but rather to protect women from dangerous medical procedures. Since abortion was now a relatively safe procedure, there was no longer a need to prohibit it. Going back into common law prior to the nineteenth century Blackmun claimed that abortion was "a fundamental liberty, found in our nation's traditions and history." Therefore, given the right to privacy which the Supreme Court manufactured in the 1965 Griswold v. Connecticut decision (but which Blackmun said was older than the Bill of Rights), abortion was declared a constitutional right. Beckwith points out that "since 1973 the overwhelming consensus of scholarship has shown that the court's history...is almost entirely mistaken." It is clear that the primary purpose of the state laws was in fact to protect the unborn from harm.

The second flaw in the court's reasoning in Roe involves the Fourteenth Amendment which protects U.S. citizens from having their rights violated by the government, and whether the unborn are persons protected by it. Blackmun argued that since the court cannot resolve the difficult question about when life begins, the state ought to remain neutral and not prefer one theory of life over another, and therefore not rule against abortion. But in practice he really is taking a position: by legalizing abortion the state is saying that the unborn is the kind of thing that should not be protected by the state and is thus outside of membership in the human community. His argument actually provides a compelling reason to prohibit abortion, since it admits that abortion may result in the death of a human entity who has a full right to life (but we just don't know for sure).

Under scrutiny, these pillars no longer seem to be able to support Roe, so one would think that when the opportunity arose it would be reversed. Such an opportunity was the 1992 case, Planned Parenthood v. Casey which unfortunately upheld Roe in a narrow 5-4 decision. What is interesting is that since the original discredited reasoning could not be sustained, all the court could do was to base its decision on stare decisis, the principle that the court respect precedent. Chief Justice Rehnquist, in his dissent in Casey said that "Roe continues to exist, but only in the way a storefront on a western movie set exists: a mere facade to give the illusion of reality." The language of Casey indicated that the court had shifted the basis of abortion from the right to privacy to a new right that they found in the Fourteenth Amendment: the right to personal autonomy. It would seem that the right to abortion was derived not so much from sound legal reasoning as from the sheer force of judicial will.

It is claimed that the prochoice position should enjoy a privileged standing in our legal framework because the prolife position is religious. Beckwith argues that this is false: both positions presuppose some metaphysical point of view. If one is a materialist (believing that the physical world is all there is) one will reject the idea of a unifying human nature. A human being, then, is not a substance ontologically, but is something that comes into being only when sufficient parts or attributes are in place, whether these are brain waves or self-awareness or whatever criteria one chooses. In this view the whole is equal to the sum of its parts, much like an automobile or a table. Many prolifers, on the other hand, argue, as does Beckwith, that the human being is ontologically prior to its parts. From conception it has a human nature that defines and maintains its identity as long as it exists. Personhood is not achieved after a minimum number of attributes are evident, but exists immediately as an integral part of our human nature. The point is that both the prolife and the prochoice positions are in a sense religious; there is no metaphysical neutral ground.

Beckwith deals extensively with popular arguments for abortion choice, and the common denominator seems to be that they all beg the question as to the humanity of the fetus. That is to say, the arguments only work if one assumes from the outset that the unborn is not a human person, but this is the very point in dispute. For example, the argument that abortion on demand would reduce the number of unwanted children and child abuse begs the question, and this can be shown by extending the principle of the argument to post natal persons: would the killing of three-year-olds be acceptable if it would eliminate the abuse of five-year-olds? Obviously not. So the primary issue is whether or not the unborn are human persons or not. Furthermore, making wantedness a criteria for the relationship between a parent and a child is destructive for family life; it gives the parents far too much power if the value of the child is defined by the parent's feelings. Surely wantedness has bearing on value only with things, not people.

There are academic abortion choice advocates, such as Eileen McDonagh, who will grant that the unborn is a human person, but that we should be able to kill it anyway because of what it does to a woman's body. The fetus is regarded as an intruder who actually is causing the pregnancy, doing violence to the woman's body without her consent, comparable to the actions of a rapist. The woman may have consented to sex, but she did not at the same time consent to pregnancy, so she should have the right to expell this unwelcome intruder from her person. But this seems to be grossly counter-intuitive on a number of levels. The nature of the sexual organs, of sperm and ova, as being intrinsically directed toward procreation, suggests that the purpose of sex is pregnancy and for many people a radical separation of the two goes against the grain of their moral intuitions. Second, to assume moral volunteerism is to distort what we know instinctively about parental obligations. And if we applied this standard to the father there would be no moral reason to demand child support from him, for he could just say that he had consented to sex but not to fatherhood.

The arguments for abortion choice may make great slogans, but upon analysis they all fail, whether they are the crude coat-hanger arguments or ones from academic philosophers. Beckwith helps us to see more clearly just what the unborn are, where they belong, and what our duties are toward them. If we are truly an honest and compassionate society, we will not suppress this knowledge because it is inconvenient. We will practice generosity and virtue toward the weakest and most vulnerable in the human community, and we ourselves will be enriched in the process.