Which Syllogism should we Reject?

The anti-abortion syllogism is usually attacked by attacking its major premise: the claim that whatever is biologi- cally human has the right to life. This premise is subject to scope problems because the class of the biologically human includes too much: human cancer-cell cultures are biologically human, but they do not have the right to life. Moreover, this premise also is subject to moral-relevance problems: the connection between the biological and the moral is merely assumed. It is hard to think of a good argument for such a connection. If one wishes to con- sider the category of “human” a moral category, as some people find it plau- sible to do in other contexts, then one is left with no way of showing that the fetus is fully human without begging the question. Thus, the classic anti- abortion argument appears subject to fatal difficulties.

These difficulties with the classic anti-abortion argument are well known and thought by many to be conclusive. The symmetrical difficulties with the classic pro-choice syllogism are not as well recognized. The pro-choice syllo- gism can be attacked by attacking its major premise: Only persons have the right to life. This premise is subject to scope problems because the class of persons includes too little: infants, the severely retarded, and some of the mentally ill seem to fall outside the class of persons as the supporter of choice understands the concept. The premise is also subject to moral-relevance problems: Being a person is understood by the pro-choicer as having certain psychological attributes. If the pro-choicer questions the connection be- tween the biological and the moral, the opponent of abortion can question the connection between the psychological and the moral. If one wishes to consider “person” a moral category, as is often done, then one is left with no way of showing that the fetus is not a person without begging the question.

Pro-choicers appear to have resources for dealing with their difficulties that opponents of abortion lack. Consider their moral-relevance problem. A pro-choicer might argue that morality rests on contractual foundations and that only those who have the psychological attributes of persons are capable of entering into the moral contract and, as a consequence, being a member of the moral community. The great advantage of this contractarian approach to morality is that it seems far more plausible than any approach the anti-abortionist can provide. The great disadvantage of this contractarian approach to morality is that it adds to our earlier scope problems by leaving it unclear how we can have the duty not to inflict pain and suffering on animals.