I mean, we put cars on the roads knowing they'll kill over 30,000 people a year. We allow guns manufacturers to make guns knowing that guns will kill over 30,000 people a year. If you stretch any causal chain far enough you'll eventually get to preventable death. Every time I eat meat I'm the beneficiary of the death of one of God's creations, as you so eloquently put it. Some Americans believe that's murder. Does that mean the government should outlaw meat?
I'm not making a traditional liberal argument here. I don't really think it's possible to nail down the "moment life begins" and I don't really think it matters. Put in more direct terms, it does not bother me at all if some people view abortion as state sanctioned murder. I think it's reasonable to see it like that, and I think it's reasonable to see it as something else. Given the clear disagreement of Americans on what it is, as well as the lack of any obvious utilitarian benefit to outlawing abortions, I'm more than happy to let individuals wrestle with the moral hazards of partial baby murder.
- Accidents are to intentional killing as apples are to oranges. Every human being since the begining of the world has acknowledged that intention matters, right?
- Same with babies and cows. Babies might not always get the protections, but I am pretty sure no one has ever pretended not to see an important distinction (except for Princeton's Peter Singer).
But you are right that in a bare ethical system that relies on nothing but empirical knowlege and utilitarian calculations, there is no way of making this distinct as an absolute.
I agree that your way of understanding things is rational. Seeing abortion as sanctioned murder--a necessary or tolerated "evil"--is by far the most honest way of understanding it.
I am still a little confused about what a "moral hazard" is in a utilitarian system? Does that mean someone chose less good for all over, what was later revealed to be, greater good for more people? Maybe my point is that the consequences of choosing incorrectly are...
nothing. So the "error" in the utilitarian system is that sometimes the powerful might get to kill the weak, and the weak sometimes just have to die quietly. Quite an error! This can get nasty pretty fast (See, antebellum South, Nazi Germany, Communist Russia/China, etc.).
My other point is that even utilitatrian systems have to make arbitrary value judgments at some point. Someone has to decide who is or isn't a "person." Somebody has to decide whose good wins out. What kinds of good win out. Etc., etc....
Maybe that is all unknowable, so the goverenment should let the individual decide.
Personally, I am not sure I buy that letting individuals make that decision is not the EXACT same thing as goverenment determining that the baby IS NOT a person. If we left slavery up to the individual, I am pretty sure like it would feel like the law approved of slavery, not just that the law couldn't say whether it was right or wrong (i.e., whether slavery achieved the greatest benefit for the greatest number). "But a slave is a person!" Well, they are now. That consensus wasn't always there. Respectable scientists, and not respectable clergy, used to compare them with apes.
We also have to admit that the government has the power to go the other way on the issue, like they did with slavery. They have the guns! If they will defend your right to do something with a gun, and can later change their mind and stop you from doing it with a gun, it seems like the goverenemnt is, in fact, making decisions.
Still, the goverenment not enforcing something is different than its actively mandating something. So while I agree that there is a hair-wide distinction there, leaving the decision of whether a chimp or a dog is a person means that corporations can do experiments on them (barring some statue). If the chimp is a person, that sucks for him.
The point is that some "persons"--even adult persons--are completely incapable of defending themselves. They need the law to do it.