I read about a recent Gallup poll about public attitudes toward abortion in the US. The report said that 46% of respondents labeled abortion as “morally wrong”, while 43% found it “morally acceptable”. For fairly complicated reasons, I try to avoid using terms like “morally wrong” or the like. Briefly, my analysis of what we mean by those terms has convinced me that we are attributing a dubious power to human beings, the power to freely make two-way choices between alternatives, matters that they could genuinely decide either way. Since I doubt that we have such powers, I wind up doubting that anyone turns out to be morally responsible for anything.
However, this does not mean I believe we can or should get along by making no evaluations of each other’s behavior. Exactly how much regulation needs to be imposed to have a well-functioning society is an empirical question to which I do not know the answer. The exact regulations we wind up with are a result of a political process, and that’s fine by me. The only real difference my metaphysical scruples about free-will and moral responsibility would make is that we would re-define our laws and other social regulations to avoid making them depend on metaphysics about which there isn’t stable agreement.
Instead of seeing ourselves as enforcing some sort of moral order on free agents and focusing in on their inner lives and intentions and their supposed free choices, I would see the focus as fashioning a set of strategies designed to make (almost) everybody better off. It would be what I conceive of as “strict-liability role responsibility”. First, let’s look at strict-liability. “Strict-liability” means we look at overt behavior and give little attention to people’s inner states. Trying to get at someone’s “true intentions” is a fool’s errand. Since we are, each of us, frequently prey to self-deception, rule violators can’t tell us what really moved them because they don’t know themselves. I would think it a great simplification to avoid all that and focus on things that happen that can be publicly observed and (more or less) objectively verified. Think of no-fault insurance for auto accidents. Your car is involved in an accident and damage results. We don’t spend time wondering whether you meant for what happened to do so. Put aside for now complications such as legally culpable negligence, or substance abuse rule violations. If such conditions are relevant, they are also to be treated in a strict-liability way, as turning on questions of public fact rather than inner private states. Have the damage appraised and either you pay or your insurance company pays.
Next, consider “role responsibility”. I envision regulations as establishing a variety of general social roles defined by the qualifications for occupying them. If you behave in ways that violate those qualifications, you lose access to the social role. In this case, if you get involved in a lot of accidents, you will lose the social role of vehicle operator. It really is not germane whether you meant to get into the accidents or tried hard to avoid them and failed. If someone loses access to a role because of failure to fulfill the qualifications, it may seem to him that he is being blamed morally and punished, but he is no more being punished than I am being punished by not being allowed to be the chief violinist in the orchestra. I can’t play the violin, and therefore do not qualify. My moral worth or lack are irrelevant, as is the strength of my desire to occupy the role.
So, my criticism of the customary concept of “moral responsibility” and my conclusion of doubting that any finite human being ever has it does not imply that all rules and restraints are overthrown. It is not a recipe for libertinism or evaluative nihilism. It is, I suppose, a recipe for a sort of moral nihilism, but not of a pernicious sort. Yet nothing that is external or public is necessarily taken away (except for behavior that is part of having moral reactive attitudes, such as moral blame). The rules could get weaker, harsher, or stay the same. All that is taken away (or, better, set aside as indeterminable) is the search for inner intention, for what the law calls “mens rea”.
With all that as a preamble, let’s return to the Gallup poll about abortion and imagine that the questions were re-cast to avoid mentioning moral rightness or wrongness. Most of the questions were about public policy issues such as whether abortions should be permitted or restricted under various conditions and time-frames. Being a skeptic about morality like I am need have no bearing on these questions. To be sure, if I think having an abortion is morally wrong or if think that standing in the way of abortion-seeking women in any way is morally wrong, then those beliefs will color my responses to the public policy questions. My point is that withholding from treating the issues in morally colored terms does not imply any position on abortion in either direction. I can be a skeptic about moral responsibility and consistently completely oppose abortion or consistently support it being available without restriction, as well as any position in between those extremes.
What is the social role-responsibility involved in abortion? The social role is “mother”. A woman who finds herself pregnant for the first time is not a mother, but she is involved in a process that will lead her into the role of mother if it is allowed to take its natural course. Being a female capable of conception is a biological qualifications for that role, mother, but there are socially conditioned qualifications as well. For example, there are qualifications of competency and considerations of the interests of other people. For example, a woman will be excluded from that social role if she behaves in ways that endanger children to a sufficient degree. The fact that she very much wants to continue in that role is relevant, but can be overridden by severe enough demonstrations of incompetence. The community takes on itself the authority to determine that someone is not suitable for the role of mother, which is strictly separate from any supposed determination about her moral worth. Being unqualified for the role of mother is not, on its face, a moral flaw. It is a sort of incompetence that may well arise due to mere bad luck , an incompetence that may well be overbalanced by other competences that she possesses for other roles.
Considerations of social role-responsibility instead of individual moral responsibility lead us away from personal blame or praise and raise questions about what the effects of various encouragements and discouragements we can devise to manage each others behavior. This requires us to form some general ideas about how we want each other to behave and general ideas as to how much of our time and resources we want to expend in moving our behavior in the directions we decide we want. What qualifications should we set for the social role of “mother” in our society or community? Crucial for the abortion debate, should we include as a qualification “wants to be a mother at this time”? If we write that in as one of our qualifications, then anyone not willing to be a mother would automatically be disqualified from that role. Wanting motherhood could be a necessary but not sufficient condition. If you don’t want to be a mother, you don’t get to be one; but, even if you do want to be a mother, you might still be disqualified on other grounds, for example because you are incapable of exercising due care for a child.
Imagine that we have agreed (at least provisionally) by some political process on our specifications for our social roles, including motherhood. Now we can turn to what we may be willing to do to regulate the way people perform that role or even how they come to take it on in the first place. One of the first considerations we must face is identifying the sorts of behavior we want to enhance or discourage in ourselves, and then find the least costly, least restrictive ways to bring about the results we want. In the specific case of abortion, I would favor beginning by considering the sorts of situations that lead people to become pregnant and then want to not continue the pregnancy. If we are among those who deplore the cutting off of the life process at any stage, we would consider how we might decrease the number of situations where the question of ending the pregnancy even comes up. In my opinion, we would do well to consider both the costs of attempting to influence people’s behavior in this area and our prospects for success should we favor a policy designed to reduce the number of abortions that women find themselves wanting. Even if we strongly deplore abortions, we might nevertheless judge that any practical attempts to prevent abortions would create even more problems than tolerating them.
Next, we might turn to considerations that are more metaphysical, but in a different way than the metaphysics involved in grounding moral judgments. By “metaphysical” I mean beliefs or assertions or assumptions that are not provable one way or the other by ordinary scientific means. Suppose we decide as a society or a community that life versus death decisions are to be made by taking all affected parties’ interests into account. The metaphysical bit is: should we count the prospective life-to-be as one of the “affected parties”, or not? We can’t begin to deal with that question until we have settled on how we shall treat the status of future things, things that we may expect, but things that do not exist in the present and may never exist. We have to make some metaphysical decisions or assumptions because, just looking at the facts before us, we come to no stable answer and have no good way to adjudicate between people with metaphysical positions that disagree about the status of non-actual things, things that do not (yet) exist in the here and now. Even while recognizing that I am making somewhat arbitrary metaphysical moves, I do believe that good public policy should give some attention to the interests of affected parties that do not yet exist. For example, most of us judge it proper to restrain our propensity to pollute and thereby somewhat reduce our current consumption of non-renewable resources because we want them to be available for use by our (not yet existing) grandchildren. We give the interests of future children weight in the latter case, and perhaps that gives some plausible practical justification for counting the interests of currently developing fetuses in our deliberations about abortion, at least to some degree. Those who dearly value women having unrestricted access to abortion may see giving the developing embryo a sort of “standing” by counting its interests to any degree as fatal to their position. Yet its interests are as least as “real” as the interests of people who will not be born before a hundred years from now. The difference is that we know to a high degree of probability that there will exist some set of people who will be our descendants, people who will have interests as fully as we do and about whose interests we properly may make sacrifices of our own. By contrast, a particular developing fetus may or may not come to have the same sorts of conscious interests and concerns that we do. Whether he or she does get to develop the capacity of such personal interests is the very issue at stake if abortion is under consideration.
Even if the future-life of somebody that may be aborted does count, its interests could count, metaphysically (that is undecideably) either way. Someone could assert that to be a child born to an unwilling mother, to someone who never wanted to be your mother, is a circumstance likely to be highly associated with a blighted life, a life the person concerned would have been better off not having at all. We imagine ourselves as being the one in the womb but somehow (impossibly) sentient and being asked to express a preference between continuing and ending the process. It’s easy to imagine saying, “I don’t care about disadvantages, I want my one and only chance to exist.”; but it’s also possible for me to imagine taking a pass given such an unpromising beginning to it all. Of course, when we socially tolerate abortion, while such imagining ourselves into strange positions may move us emotionally, I find myself with a separate concern. Giving somebody a role that allows that person to make a judgment, about somebody else, that the probable life he or she faces is not worth living is a very dangerous role to give anybody because it is so prone to be abused. We may debate long about whether a fetus qualifies for the role of a socially recognized person with socially enforceable interests; but I not see real room for debate that decisions about abortions are matters of life and death. A new life will be accepted into the lives of others, into a shared community, or not. Sometimes there are overwhelmingly good reasons to refrain from fostering and accepting the process leading to that new life. At other times, the reasons and interests involved are less clear, and a decision is less easy to reach and consensus may be permanently elusive.
The metaphysics I keep mentioning has to do with statements and beliefs we make about counterfactual situations. All that we ever really experience is the unfolding of events as they actually happen to us and through us. But we constantly speak about things that do not happen but which we judge (somehow) could have happened if something that did happen were otherwise, and we also imagine various different futures unfolding depending on whether certain things happen in the future or not. I really am curious as to how we come to make these counterfactual judgments and compare them to each other weighing how plausible it is that they should happen. I think there is some very complicated work we do involving making divergent models of reality by means of imagination and then contemplating them. This process, I believe, causes us to have beliefs about these objects of our imagining, and I can understand and accept that is how we typically operate psychologically. But I see little in all of that to justify our confidence in our beliefs about counterfactual suppositions. Sometimes these judgments seem so obviously true, that there seems no room for quibbling. “If you hadn’t knocked the vase off the table, it would not be broken now.” But even in that seemingly clearest of cases there lurks a bit of quibble-room nevertheless. What are the chances that, if I hadn’t knocked it off, it would have become broken by some other means?” Astronomically unlikely, perhaps, but not a zero probability, not impossible. The metaphysical problem is that we have no principled way of figuring out what effects changing one thing would have on the rest of the world. We help ourselves to a working principle: that you can change one or a few things and treat everything else as continuing unaffected, but we really have no firm grasp on how interconnected or separate things and events are, causally, with respect to each other. That’s another one of those metaphysically unknown “facts”, which we can and do fill in in whatever various ways it takes to make our pre-reflective position come out true. But even given that working principle or largely causally separate events combined with overwhelming overall causal continuity, which simplifies a lot, I still regard disputes about counterfactual claims as irresolvable. The primary reason for this is because we have no way to “prove” which party is correct when they make incompatible claims about a counterfactual situation. At most, only one of the imagined counterfactual scenarios will “come true” revealed in a publicly observable actual outcome. As communities, we could, as an experiment, adopt harsh restrictions on abortion and see what then happens. But we can never see how events would have unfolded in the counterfactual case where we instead adopted a less restrictive set of regulations or a hands-off, no regulation at all policy. We can’t repeatedly run controlled experiments in most large scale social behavior situations. We can look for similar cases that were handled in different ways and try to draw general conclusions. But deciding issues of exactly which cases are relevantly similar and which are not drags us back into metaphysics and conflicts about which we can’t come to any stable settlement.
So, at best, skepticism about moral accountability will remove one bit of metaphysics from our way of crafting social practices, but leave plenty of room for metaphysical moves in the area of counterfactuals. The reason I think that is a problem is because, when questions become untethered from facts, it is too easy to manipulate background factors in self-serving ways. Suppose I look at a situation where an abortion might occur and think about the future life-to-be. If I tend to restrictive attitudes about abortion, I will be prone to imagining the new person overcoming a difficult start and then going on to live a good life. If I tend to favor less restrictive policies, I may resist thinking about the life-to-be at all, or argue that it should not be given any standing (since it does not exist, perhaps), and, if finally I cannot avoid it and come to consider the life-to-be, I would tend to imagine a life not worth living, something you do the life-to-be a favor to prevent. My point is not to commend any one side or another, but to note that the indeterminacy of counterfactual situations allows the disputants to help themselves to imagined “facts” that help to support the positions they had to begin with. If you and I disagree about what would happen if some change were made, there is no principled way that I know of to settle the matter. We have rough and unsteady criteria about what is plausible or far-fetched, but if someone else doesn’t see a scenario as far-fetched and you do, reasonable argument seems at an end.
I don’t think ceasing to talk about abortion with the language of moral responsibility would much affect the actual policies about abortion we wind up with. It wouldn’t abolish all restrictions or make abortion more difficult to obtain (or perform). It would eliminate one avenue for invective and one mode of disagreement based in contrary moral evaluations. I do think the change to a different way of describing things would likely affect the incidence of people personally blaming or shaming themselves or others. That might be a great loss if such reactive emotions are necessary for a workable social order. But, I see such moral reactive attitudes as metaphysically unjustified or, at least, metaphysically question-begging. For all I know and have been able to discover, human beings may well not have enough control over what they do to merit moral blame (or praise). There is some sense in which I feel it would be wrong to treat someone in a negative way because I have made a metaphysical assumption about his abilities to be a real originator of his own actions. So, since I have doubts about anyone’s qualifying for proper moral judgment, I conclude that I would be wrong to do so. I don’t know the underlying metaphysical fact of the matter. Perhaps the person before me has that power of two-way control that I find so unlikely and thus deserves my moral condemnation. Perhaps he doesn’t. I have no way of knowing, and never will. But what is the nature of this reluctance, this scruple against holding someone morally responsible because the metaphysics is dubious? It’s obviously not moral wrongness. My take is that it is the sort of wrongness that arises from breaches of intellectual honesty. I would be wrong to hold a human being to a standard that only a superhuman being, a god, perhaps could meet, unless I had very good reason to believe he might qualify under that standard. Gods can just create something out or nothing independently of whatever else there may be. Maybe human beings can do that too, but I have my doubts. I guess the qualm I would feel at morally condemning someone who I suspected couldn’t deserve is in the realm of intellectual integrity combined with a practical principle that being in doubt about one’s practical justification is a good motive for desisting from unwelcome behavior toward another (or oneself for that matter).
Supposing we have agreed to drop moral accountability talk from our public structure of rules, that still leaves plenty of room for other sorts of disagreements and for divergent imagination-based claims about what will happen should be do this or that. Let me end my attempting to formulate my own provisional personal opinion/position on abortion at this time. When I think about the question, I imagine being in a place where I could stand in the way of another individual human being, either literally or figuratively. She is a human being who is currently pregnant and she has her own reasons for wanting to end the pregnancy that strike her as sufficient to justify doing so. It is very hard for me to imagine continuing to stand in her way to attempt to prevent the abortion from happening. The only fantastic scenario I can dredge up is of a very young and very distraught woman/girl who I have good reason to believe is beset with a severe, acute psychological disorder in full crisis. That situation, by itself would almost certainly lead me to favor her ending her pregnancy. But, if I had known her well enough in her less beset moments and if I were pretty confident about the psychotic episode ending soon and also confident about what the young woman would want to have happened when she returned to calmness, then, if I had the power to override her immediate decision and force a delay, I imagine myself doing so, much as I might prevent a person bent on suicide from proceeding if I believed they were motivated by derangement that would likely be temporary. In such extreme cases, we sometimes prevent a person from doing what they may very much want to do, taking upon ourselves the job of fostering their more long term interests over their passing urges. But I’m not sure if the fact that it would take something that extreme to move me to oppose a particular abortion reflects well or badly on me. I have never been particularly comfortable with confronting and thwarting people, doing something directly to prevent them from doing what they want. Whether that amounts to weakness or strength on my part is in the eye of the evaluator, I suppose. Even if I was very opposed to what the person planned to do, I would avoid getting involved if there was any way I could stay out of it. I could dress it up as respect for the autonomy of others, but there are big elements of squeamishness and cowardice as well.
There are various reasons that people seek abortions, and they each deserve their own discussion, but for the sake of brevity, let me focus on what is, to me, the most questionable sort of case: abortion for mild convenience. Imagine a woman who finds herself pregnant. She was not raped, she is very healthy and could be predicted to withstand the rigors and pregnancy and delivery as well as anybody. She is not psychologically beset in any particular way. She has considered things as carefully as she can and has decided to end the pregnancy because she would prefer to have her first (or next) child a few months later than this pregnancy would end, so that she can free up the coming few months to pursue some project that interests her. It’s not a “central life project” or a “once in a lifetime opportunity” but just something that she mildly interested in pursuing. She has compared the personal value to her, all things considered, of a baby now vs studying drawing (as a hobbyist, with no idea of a career in art or selling her works) and having a baby six months later than she would if her current pregnancy continued. Her preference for an art course over a baby is perhaps unusual. Perhaps most people would have the opposite priority, but she does not. If we imagine the regulations being such as would thwart her from getting an abortion, neither her life nor the resulting child’s life would be blighted. Her life and the child’s life would be very similar to the counterfactual life where she bears a child six months later.
The only real difference, let us stipulate, would be: who gets to be the child that lives its life? If they were to be conceived months apart, it’s clear that they would be two different people, developing from a different egg and a different sperm. Is the currently developing child more “real” than the future one, and thus deserving of more consideration? Maybe so. It’s actually developing in the here and now and the prospective replacement is only in the planning stages. Plenty of room for confusion and disagreement remain for me, even in this case, which I had tried to construct to be “easy”. I envision my community incorporating a rule that allowed women to make the choice whether or not to get an abortion conditional on their having whatever their community determined was among a set of “good enough” reasons, but restricting or blocking their choice in cases where their reasons were deemed insufficient. I could support such a policy. The devil would be in the details as to what we decide constitutes “good enough” reason. That reveals to me that I see the interests of the person as meriting fairly significant weight in individual decisions. I realize that to go even so far is to have put myself at enmity with those who think full and unrestricted access to abortion as an individual right of each woman in all conceivable circumstances is of utmost importance. I can understand, at least a little bit, I think, how angering and frightening it is to contemplate a hard-won right being taken away, even a little bit. I recognize that my thinking may be perverted and distorted by factors and manipulations I may not even understand or be aware of. But, given all that, I can only call it like I see it, provisionally and for now.
All I can really do to shed light concretely for myself is to look at facts about situations that have actually happened. I have been involved, directly and indirectly in three pregnancies that ended by abortion. That’s less than a handful of cases, and each had its own different individual circumstances, but in each case I supported and facilitated what the woman who was pregnant wanted to happen. I refrained from compcicating her situation by expressing what I may have wanted to have happen in some imagined circumstance where my solely self-regarding preferences and interests were to prevail. In each of those cases, my preference, narrowly conceived, would would have been to continue the pregnancy. Recognizing the facts about where the burden would overwhelmingly likely fall if I got my imaginary way, I carefully avoided expressing my pro-birth private opinions. I didn’t strongly disagree with the decision that was made, and I felt it better not to try to push events the other way. I think that the principle of locating full authority for a decision in a single place is generally a good one, to be overridden only under extreme circumstances.
So, that’s my best evidence of where I finally come down about abortion. I did my part in the cases I remember, but I did not and do not feel particularly comfortable, or free from regrets. I imagine that I would have supported and been pleased had the decision been to the continue those pregnancies, but I am also, on balance, pleased to have supported the contrary decisions that actually were made, to support the terminations. I must also add that I am often surprised by the differences between what I actually wind up doing and what I had imagined beforehand. In fact it happens so often that I wonder how I continue to be surprised. I have an optimism about my ability to frame counterfactuals that they will become actual that should have been extinguished by now, because they almost never do.
https://news.gallup.com/poll/235445/abortion-attitudes-remain-closely-divided.aspx?g_source=link_NEWSV9&g_medium=TOPIC&g_campaign=item_&g_content=U.S.%2520Abortion%2520Attitudes%2520Remain%2520Closely%2520Divided