Journal Extract The problem of abortion is not primarily a problem of law. The law clearly addresses the social practice of abortion, it influences the means of practice and may, at its best, resolve the social consequences of abortion, but the problem of abortion is located in social experience and prevailing social philosophies, rather than in statute books and judicial decisions. Abortion lies at the heart of a number of concerns of particular sensitivity, but it can also have a severe medical and personal impact.
Abstract Unfortunately the phrase “appeals to conscience” is ambiguous. First, it may indicate an appeal to another person’s conscience in order to convince him to act in certain ways. Second, it may mean the invocation of one’s own conscience to interpret and justify one’s conduct to others. Third, it may indicate the invocation of conscience in debates with oneself about the right course of action, conscience being understood as a participant in the debate, a referee , or a final arbiter. Although it is possible to distinguish these three meanings of “appeals to conscience,” they are usually intertwined in our moral discourse. Nevertheless, I shall concentrate on the second meaning, referring to the other two only when it is necessary to fill out the picture.1 Appeals to conscience in the second sense raise important issues of justification and public policy which can be considered apart from the other meanings of appeals to conscience. My concern is with what we might call “conscientious objection”.
Childress JF. Appeals to Conscience. Ethics. 1979 Jul;89(4):315-335.
Extract Conclusion The objective of this Report has been to present a synthesis of Commonwealth abortion laws, and a synopsis of their lines of development. . .
The Report identifies factors that those planning change may need to consider, indicates how individual jurisdictions have responded to particular issues, and shows how certain laws have been found to operate.
. . .The ordering of national priorities is a function of government, which best discharges its duties by being sensitive to the spiritual and pragmatic aspirations of those it serves by leading. . .
Extract Kordig denies that the dictates of one’s conscience are always either obligatory or morally permissible. With this thesis I have no quarrel. The recognition that a person’s conscience can be mistaken, sometimes dangerously so, is at least as old as Hobbes and has been maintained by philosophers as diverse as Hegel, Royce, and Nowell- Smith. Still, people do appeal to conscience in moral disputes and, as I will attempt to show, do so in a manner that is philosophically justifiable. My goal is not so much to attack what Kordig has said as it is to argue that his discussion is incomplete: some appeals to conscience are bogus but some are not.
Extract Many people believe in conscience that a pregnant woman has supreme rights over what happens in her own body. Others believe in conscience that the right of the unborn child to life is as good as that of any other human being. In some countries, the law, in the name of the former right, discriminates against an obstetrician who, in the name of the latter, refuses to destroy that life. This is a serious contemporary issue which tests the sincerity of governments that profess respect for conscience.
Extract The doctor-patient relationship is threatened. Once this association implied only one thing: the doctor above all must protect the patient. . . .
. . . it is not inconceivable that, as Canada moves towards socialized medicine and state control of all health facilities, we, too, may sacrifice the privacy of the doctor- patient relationship that we all once regarded as sacred.
. . . There is much concern regarding the involvement of medical personnel in the use of torture for political purposes. . .
. . . When the Dutch medical community refused to cooperate with the Nazi medical organization, 100 Dutch physicians were sent to concentration camps. Other Dutch physicians did not give in; they took care of the widows and orphans of their colleagues. They did not participate in any Nazi activity; they acted unanimously.
. . . Recently physicians in Portugal studied “the scientific effects” of torture; they examined persons before, during and after torture sessions and evaluated their ability to undergo further torture.
. . .We must therefore each ask what is our duty to our state and what to our profession and to our own sense of moral justice. To what extent might we unwittingly become agents of repression? . . . Physicians in Russia condone beatings; if the prisoner dies the physician complies with government policy and eliminates possible repression by signing the death certificate “cirrhosis of the liver.. or “coronary occlusion.”. . .
Helen Cvejic, Irene Lipper, Robert A Kinch, Peter Benjamin
Canadian Medical Association Journal
Abstract Thirty-eight adolescents who underwent an abortion were studied by questionnaire and interview with a psychiatrist and a social worker 2 years after the abortion. Most did not regret their abortion and considered it a positive experience. Most said they would not have another abortion, although adoption was unanimously rejected as a choice for the pregnant teenager. Relations with their parents were generally good and the families were supportive in the decision-making process and in the postabortion period. The girl’s father had been absent because of death or separation in 37% of instances. A lengthy relationship with the putative father before the abortion was common, but 37% of the relationships were not able to withstand the pregnancy-abortion crisis. The proportion using contraceptives before the abortion was 2%, and 2 years after the abortion, 84%.
Extract Despite the rulings in Roe and Doe, physicians, nurses, and denominational hospitals opposed to abortions have continued to refuse to perform them. They have argued that Roe and Doe, as judicial interpretations of the fourteenth amendment, do not apply to private activity, and that in any event the free exercise clause protects those who, for religious or moral reasons, object to abortion. These claims are not without difficulties. . . . Since Roe and Doe, Congress and many state legislatures have enacted laws to protect both institutions and individuals who refuse to participate in abortions for religious or moral reasons. These so-called “conscience clauses” limit the power of the courts to compel the performance of abortion where a refusal to participate is religiously or morally based. This article will explore the problems these statutes raise. The conclusion reached is that, for the most part, well-drafted conscience amendments are constitutional.
Stern MD. Abortion Conscience Clauses. Columbia J Law Soc Probl. 1975 Summer;11(4):571-627.
Extract The CMA is not in favour of “abortion on demand”; indeed we are very concerned with the very large and growing number of abortions being performed. . .Our primary aim is to improve family planning programs and, in every way possible, reduce unwanted pregnancies and the need for abortion. . . We believe there is a great need to clarify government policy regarding the abortion laws and for much more meaningful leadership from the federal and provincial governments and the medical profession of Canada to evolve an effective, comprehensive national family planning program. . . .Contrary to a frequent misinterpretation that the CMA is pro-abortion, the association, in fact, is much more strongly pro-prevention of the problem of unwanted pregnancy. If the news media had publicized that important portion of my presentation to the Empire Club regarding the need for effective educational and family planning programs as widely as it did that part related to the problems of abortion, you would have gained a much more accurate view of the policies of the association.
