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Ari Shtein's avatar

> But one can’t coherently hold that Smith was a non-person without meaningful rights because she had no mental states, yet her fetus was such a person with rights despite also having no mental states!

I agree with Silas that one could (foolishly) believe that personhood has nothing to do with mental states, but I have a different nitpick here: even if neither was a person *yet*, the fetus had much greater potential to become one than the mother. Potential-life should clearly be a moral consideration, though admittedly a small one—small enough that, in normal cases, women should have the right to abort non-person fetuses, but not so small that it should be totally ignored when there's no woman left to make that decision.

Which brings me to your thought experiment, about which you write:

> Most feminists might point out that such an act treats the woman’s body as a commodity. That it is degrading - if not to the brain dead woman, then to women as a group - for a woman’s body to be callously used simply as a means to such an end, especially when she never gave express permission for her body to be used in such a way. They might point out that such a thing both leads to and springs from a culture in which women’s bodies are not seen as fully belonging to women themselves, but are seen instead as tools that can, at potentially any moment, be appropriated to meet some stranger’s needs.

I really don't think this goes through at all! More likely, our instinctual revulsion toward the men's behavior springs from our usually faulty sexual ethics (cf. zoophilia [https://journalofcontroversialideas.org/article/3/2/255], non-offending pedophiles [https://philpapers.org/rec/KERPAA-7], Louis C.K.'s dead-kid-in-a-field bit [https://youtu.be/96ImL9SZDkg?si=F8XE6PQXni5Yi9Vg&t=331], etc.). Because what we're talking about isn't really a "woman's body" it's just a woman-looking thing which can't feel pain nor be harmed. And though the act still feels icky, it doesn't really bear on whether or not a woman's body "belongs to the woman herself"—because there's no woman left for it to belong to! Of course everyone has a natural right to ownership over their body, but "you" can't have a natural right without "you" existing.

I still think your conclusions are mostly right, though, for two reasons:

1. On the potential-person thing: the quality of their potential-life definitely matters. "If you could snap your fingers and create from thin air a motherless infant with unclear, possibly lifelong and severe disabilities, would it be right to do so, if you had no intention or plan for the care of this child yourself?" is a good question, the answer is no, and so the Smith case has in fact been a real debacle.

2. The fact that so many women and activists saw this as a symbol of autonomy and rights means something, maybe. If it really feels like an affront, like a claim that women don't have ownership of their bodies, then maybe it really was *meant* to be that, and we should oppose it on those grounds. I'm a bit more skeptical of this, though: when I wrote about the Smith case a month ago [https://mistakesweremade.substack.com/p/brain-dead-women-do-not-have-a-right], I mostly made the case that framing this as a battle about abortion is really silly and counterproductive. If anything, the feministy "take her off life support" position was *way* less intuitively sympathetic than the usual pro-choice position, because it just looked like pure downside: in essence, it means killing a fetus just to make a point. So I think feminists would be better off saying something like: "Boy, this is a really ugly situation in a thousand different ways, and as we mourn Smith's family's loss and wish for the wellbeing of all involved, it's important to remember that when women *aren't* braindead they should have full autonomy over their reproductive choices."

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Silas Abrahamsen's avatar

I more or less agree with your conclusions, and agree that it is a disturbing case. But being a pedant, I can't help nitpick a few things.

You claim that it is incoherent to hold that Smith was no longer a person, while the fetus was a person at the time. That just looks straightforwardly false! You seem to be assuming that one *has* to believe that personhood requires a certain sort of brain activity, or that it comes down to biological organism-ness. Consider the position: Personhood begins at conception, and ends at brain death... Contradiction? What, no! This looks like a perfectly coherent (if not contrived and strange) view, and in fact I think many pro-lifers will hold something along these lines. So it won't be particularly convincing to someone not already convinced.

Second, you say that it would be bad to bring a person into existence with the prospects of the fetus, and that is supposed to show that they shouldn't have tried to save the fetus here. But for this you again seem to be assuming that the fetus is not a person, which very few not already convinced will grant. You yourself state that once a person exists (even one with a bad life), one should make them have good lives (instead of killing them or letting them die, I assume). A better comparison seems to be: A person who will likely have a bad life in the future is about to die, but you can snap your fingers to save them. Here the case is less obvious, and I think a doctor's ethics of always trying to save lives (even though that's stupid), would commit them to saving the baby, as they did. So it seems to me like you assume what's controversial off the bat to make the case, which will be unconvincing.

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