Abortion and Moral Theory by L. W. Sumner (review)

BOOK REVIEWS 641 Abortion and Moral Theory. By L. W. SUMNER. Princeton University Press, 1981. $16.50 cloth; $4.50 paper. As the title suggests, in Abortion and Moral Theory L. W. Sumner has both a practical and a theoretical aim. His practical aim is to state and defend a " moderate" abortion policy which avoids the extremes of both liberal and conservative positions. His theoretical purpose is a defense of utilitarian moral theory. In pursuit of these aims, Sumner makes a thorough and provocative criticism of both the liberal and the conservative positions on abortion and of the moral theories he eontends these positions imply. Sumner's claims for his work are bold. First, he holds that he has shown that the positions of both liberals and conservatives are not merely fraught with difficulties but "indefensible." Second, he argues that his own more moderate view not only confirms our moral intuitions but also rests upon a "deep" defense successfully rooted in moral theory. Sumner's " moderate " view is that both moral intuition and utilitarian moral theory suggest sentience (the capacity f.or feeling or affect) rather than intrinsic value or rationality as the criterion on the basis of which human beings ought to be accorded moral standing. This conclusion suggests in turn an abortion policy lying between liberal and conservative extremes. Since sentience occurs at some point in the middle of the second trimester, an abortion policy which allows for abortion on demand prior to some point in the middle of that trimester and yet requires a caseby -case approach after the crucial date is the most defensible one. In developing his position, Sumner's first step is a criticism of what he calls the liberal view. As described by Sumner, liberals hold that prior to viability we are not persons with rights. Mothers, however, do have a right to control ,their own bodies. Abortion is, therefore, to be viewed as a private rather than a public matter. Abortion laws are viewed as unwarranted intrusions by public (and religious) authority. They are, furthermore , laws which especially disadvantage women. Sumner's basic criticism of the liberal view is that its defenders either ignore or give unsatisfactory answers to questions concerning the moral significance of fetal development and the point in that process at which society ought to accord moral standing. As a result, liberal arguments can be used to justify not only abortion but infanticide. This criticism is certainly not new, but Sumner's presentation of it is clear and instructive. What Sumner does not do, however, is to offer an account of why the liberal view, which is indeed subject to powerful counter arguments, has the power it does and why the counter arguments, though well-known, seem to have little power to change liberal convictions. The most probable reason is that those who hold this view have certain 64~ BOOK REVIEWS more basic concerns which they feel counter arguments either do not address or threaten in an unacceptable way. In the case of liberals, what is this deep concern~ It is clearly the welfare of the mother. Sumner himself certainly shares this 0oncern, but he does not explain its power and importance for his own and for liberal conscience. As a result, his objections to the liberal position may have less power to convince than he believes. This gap is unfortunate because, without noting their full significance, Sumner gives a graphic depiction of the social facts which not only have produced the overriding liberal emphasis on maternal welfare but also have given the notion of welfare itself an inflated rather than restricted meaning. To be specific, in his chapter, "Morality and Utility" Sumner makes an analysis of modern society and notes, as have many others, that its salient characteristic is pluralism. Pluralistic society has no uniform view of human nature and no single view of human good. In consequence, the the individual becomes a primary focus of attention and interest. Each person comes to think of himself or herself as an individual who must obtain basic necessities so that he or she can pursue private ideals and interests and achieve personal satisfactions. Public goods become subservient to private ones...