Answers to Fall, 1999 Midterm Examination
General directions: Be sure to read the instructions on the examination carefully and to
think carefully about the questions before writing.
Part 1: Logic (20 points)Decide whether each of the following is possible. If it is
possible, then give an example. If it is not possible, explain why not.
possible impossible 1. A valid argument with a false premise.
possible
1. All philosophy professors are male.
2. Dan Hausman is a philosophy professor.
3. Dan Hausman is male.
possible impossible 2. A sound argument with a false conclusion.
impossible--Since a valid argument is sound, its conclusion follows from its
premises--that is, if its premises were true, its conclusion would have to be true. Since
in addition the premises of a sound argument are true, the conclusion of a sound argument
must be true, too.
possible impossible 3. A true argument.
Impossible. Only a sentence or statement or proposition is true or false, and an argument
is not a sentence. It is a set of sentences. Arguments are to be appraised in terms of
their validity and soundness, not in terms of their truth or falsity. The premises and
conclusions of arguments are true or false. Arguments are not true or false.
possible impossible 4. An unsound argument with a true conclusion.
possible--see the example in #1. Here's another example:
1. (premise) Some roses are red.
2. (conclusion) The University of Wisconsin is near Lake Mendota.
possible impossible 5. A sound argument that is not rationally persuasive.
possible
1. (premise) The earth is not flat.
2. (conclusion) The earth is not flat.
This argument (address to a member of the flat-earth society) would not be rationally
persuasive, but it is sound.
Part II (30 points; 6 points each): Answer five of the following questions briefly in your
blue book.
1. Judge Sorkow in the Baby-M found that the contract that William Stern and Mary Beth
Whitehead signed was a legally enforceable (binding) document. Yet he did not take that
contract as determining who would have custody of Baby-M. Why not?
He did not take the contract as determining custory, because he accepted the
responsibility of the state to make sure Baby-M went to the best home. He phrased the
issue in terms of determining the proper remedy for breach of contract. So if he had
determined that Mary Beth Whitehead would have provided the best home, he would have
placed Baby-M with her and have judged that Mary Beth Whitehead owed William Stern damages
for breach of contract. (If you have trouble making sense of this, you are not alone!)
2. Explain what an inalienable right is and give the best argument that you can for or
against the claim that a woman has an inalienable right to at least joint custody of her
newborn.
An inalienable right is a right that cannot be waived or surrendered, though it can be
forfeited. Consider, for example, the right to move around freely. The strongest argument
in favor would rely on an analogy with the inalienability of rights to parts of one's own
body. The strongest argument against would point out that we permit alienability in
adoption agreements.
3. Is there any inconsistency in maintaining that prostitution ought to be illegal, while
commercial surrogacy ought to be legal? What would be the basis for a moral distinction
between the two arrangements?
If the grounds for making prostitution illegal are, for example, the prevention of
disease, then there is no inconsistency, while if the grounds are the protection of women
from a certain sort of degradation, then they might apply equally against surrogate
motherhood. Obviously many other things could be said.
4. The New Jersey Supreme court concluded that paid surrogacy arrangements like those
involving Baby M were illegal in New Jersey. Why? How does their legal finding bear on the
moral question of whether paid surrogacy arrangements ought to be legal?
They found the arrangements illegal, because they involved the sale of rearing rights.
(Note that this is what "baby-selling" means here.) If rearing rights ought not
to be sold, then the moral relevance of the decision is evident, but one can question
whether rearing rights ought to be saleable, and some people, including Richard Posner,
who is currently a federal judge, have argued that we ought to permit a market in infants.
5. In one sense of "relative," it is obviously true and uncontroversial that
moral claims are relative, while in another sense of "relative," it is highly
controversial to claim that moral claims are relative. What are these two senses of
"relative"?
Moral claims are obviously relative in the sense that their correctness depends on what
the facts are. Without specifying the facts, there is no clear moral question to be
answered. Whether yelling fire in a crowded theatre is permissible depends, among other
things, on whether there is a fire.
It is controversial (and I would maintain obviously false) to maintain that moral claims
are relative in the sense that whether they are true or false depends on the individual
making them or the society in which the claim is made. The view that whatever people
believe is right is right ("for them") would mean that there could be no moral
disagreement or argument. The view that whatever is accepted in a society is right for
that society would imply that minorities are always automatically wrong. It also means
that whether a moral claim is right or wrong depends on how one draws the boundaries of
societies. Since 70% of Americans believe that abortion ought to be legal, this view
apparently implies that abortion ought to be legal in the U.S. (though one might maintain
that it takes more than 70% agreement). Since 95% of residents of some small towns think
that abortion out to be illegal, this would would imply that abortion ought not to be
legal there. But these conclusions conflict.
6. What is wrong with the claim that one ought not to believe that one's moral views are
correct and the views of those who disagree incorrect, because it is intolerant to do so?
In assuming that one ought not to be intolerant, one is taking for granted the correctness
of at least one moral view--that one not ought to be intolerant. Tolerance is not
skepticism or relativism. It is an important value (though surely not the most important
value), and taking it seriously means believing that it is a value everybody ought to
accept.
7. What is the point of Thomson's hypothetical case of the unconscious violinist?
Her case is intended as a counterexample to the claim that the right to life always trumps
the right to control what is happening with one's body.
8. Explain why Brody believes that abortion after the first few weeks of pregnancy is
morally impermissible even if the woman will die if the abortion is not performed.
Brody believes this, because he believes that intentionally killing an innocent person who
is not making an attempt on one's own life is absolutely impermissible. Since Brody draws
a sharp distinction between intentionally killing an innocent person -- which is
absolutely impermissible -- and refusing to sustain an innocent person -- which, depending
on the circumstances, might also be wrong, but which is not absolutely prohibited -- he
must maintain that abortion is killing rather than merely refusing to sustain. Otherwise,
he could not maintain that a woman facing death could not have an abortion, merely on the
grounds that the fetus is an innocent person who is making no attempt on the mother's
life.
Part III (50 points). The vast majority of pregnancies end in spontaneous miscarriages
very early in pregnancy. In a large percentage of these cases the embryo or fetus was
failing to develop properly. Suppose some drug were discovered that interfered with the
mechanism that causes spontaneous miscarriage in cases where the embryo or fetus was not
developing normally, so that instead of miscarrying women were able to carry the pregnancy
to term, although the fetuses all died at birth. (1) Would the invention of such a drug be
a good thing? (2) Should women have a right to refuse to take this drug?
Write an essay that addresses these questions. In your essay, be sure to explain how the
positions defended by Marquis, Thomson, and Brody bear on these questions. Also be sure in
your discussion to address the question of whether those who hold that newly fertilized
eggs have a right to life must conclude that such a drug would be a good thing and that
women should not have the right to refuse to take it.
In assessing your essays Mehmet and I will be concerned not only with your grasp of the
readings and lectures, but also with your ability to think through these questions and
argue logically and carefully.
The way I intended this question -- though we will without prejudice read your responses
in the light of the way you read the question -- is that the drug merely delays the
inevitable. It does not in any way harm any fetus; it merely blocks the mechanism whereby
women miscarry when embryos are developing abnormally. The malformed fetuses die at birth,
because they are malformed and incapable of living on their own.
There was a great deal to be said, and nobody could have said everything. Here are some of
the things you might have said:
Marquis is not committed to seeing this drug as a good thing or to requiring women to take
it, since he could reasonably maintain that intrauterine life does not contain the things
of value that make the loss of our futures so bad.
Thomson has little to say about whether such a drug would be a good thing, but she would
argue strongly that women have the right to refuse to take it.
Brody need not believe that the drug is a good thing, because he doesn't think that
embryos early in pregnancy have a right to life, and he would not be committed to
requiring women to take the drug, because not taking the drug is merely refusing to
assist, not intentional killing.
Those who maintain that fertilized eggs have a right to life are not logically required to
conclude that such a drug would be a good thing, but if the reason why they believe that
fertilized eggs have a right to life is that biologically human existence in any form
whatever is precious, then they should think that this drug is an incredibly wonderful
thing. It would provide millions of human beings with additional months of life.
Nevertheless, those who maintain that fertilized eggs have a right to life could maintain
that women could refuse to take the drug on the grounds that refusing to sustain is not a
violation of the right to life, since the right to life does not require that others carry
out limitless sacrifices to preserve one's life. This would, however, be an uncomfortable
line of argument, since it would invite the question of why abortion via inducing labor is
not equally a matter of merely refusing to sustain.