Essay Sample on The Non-Consequentialist Ethical Theory and Abortion

Introduction

Philosophies and theories formulated by ancient philosophers can be applied to solve issues found in contemporary society. Immanuel Kant is one of such philosophers as he developed the non-consequentialist ethical theory which states that actions should be geared towards a common good. In this case, individuals should ensure that the force behind their actions will yield a positive result to the person and the society at large. A case study to prove the application of this theory is the case involving Alicja Tysiac who was denied abortion although the pregnancy posed high chances of sight loss. Tysiac should be allowed to perform an abortion because it is the only option with a positive outcome although the Polish law considers abortion in events or rape, when the mother's life is in danger, and when the child faces birth complications. In this case, she should be viewed as a human being with value and whose wellbeing must be put into consideration.

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In his non-consequentialist ethical theory, Immanuel Kant states that the driving force for a particular action should be aimed at a good cause and should not be based on the consequences emanating from it (Pasternack 46). When explaining the term goodwill further, he defines it as a will which follows a specific action since it is the only action available. For people to identify the duty, they must bear insights on the different types of imperatives. He terms the main imperative as categorical which directs individuals on what they must do without giving other options to substitute it. The categorical imperative also leads to the formula of humanity where one should "... always treat humanity, whether in your person or in the person of any other, never simply as a means, but always at the same time as an end" (Chackalacka 255). In this case, he infers that one should treat the other person as having a value and just not a means to achieve something else.

Kant introduces a formula of universal law in the non-consequentialist ethical theory with a maxim, a term he uses to refer to the reason behind pursuing a specific action. He states that an individual should "act only on that maxim through which you can at the same time will that is should become a universal law" (White 50). In this scenario, he explains that morality should be guided by the maxim whereby one should act according to a specific maxim and still expect others to act according to it. Such a statement infers that the universal law created should have the capacity to be followed by all the people in a specific jurisdiction. Besides, the maxim instituted as the universal law should be possible to execute without deviations; otherwise, it will be a universalization of maxims with contradictions which cannot be followed. However, there are cases where morality forbids a person from a certain action, but it does not provide the alternative. In such cases, embarking on such an action is not termed as a deviation from the universal law and is not forbidden.

The non-consequentialist ethical theory can be applied to solve the case where Tysiac, a Polish woman, was denied the permission to perform an abortion although physicians had warned her that failure to terminate the pregnancy could make her blind. She claimed that the law violated her rights as stipulated in articles 8 and 14 of the European Convention for Protection of Human Rights and Fundamental Freedoms ondiscrimination and respect for privacy and family life(Vaughn 212). Granting the right to procure the abortion would be a violation of laws as the polish law only allows abortion in events of rape, when the pregnancy puts the life of a woman in danger and if the child will have congenital disabilities.

According to the non-consequentialist ethical theory, the law should have granted Tysiac permission to procure the abortion since she is a human being with value. According to the formula of humanity, one should treat a fellow person as an important being with value and not as a means for achieving something else (Misselbrook 211). Although the life of the women is not in danger, loss of sight is a devastating experience as it interferes with one's life. For example, is she fails to terminate the pregnancy, and she loses her sight, she will not practice proper parenting in such a state. Also, the loss of sight will make her lose the ability to perform tasks both at home and in the workplace. Nobody would like to experience such health complication when there is a way to eliminate its occurrence. Thus, the doctors should not be focused on violating the law by terminating the pregnancy but on the wellbeing of Tysiac throughout the pregnancy.

Tysiac should be allowed to go through abortion since there is no other alternative to protect her from losing sight. The law only permits one to procure an abortion in cases of rape and when the life of the mother and the wellbeing of the child is in question. However, it does not give another option when there is a likelihood of other health complications. In his arguments, Kant explains that an action should be geared towards achieving goodwill whereby the goodwill is the only action possible (Pasternack 46). After concluding that the pregnancy will cause sight loss, the doctors did not prescribe any medication or action which could evade the danger and ensure that her wellbeing was not affected. From the situation, abortion is the only way to prevent her from losing her sight. The law can be faulted due to its failure to capture the seriousness of the health complications which may lead to abortion. In this case, abortion is valid and should be procured as it is the only option in Tysiac's case.

In matters involving the mother's health, she should be allowed to make her decisions on whether to procure an abortion since the action produces a good ending inform of perfect health. According to Shafer-Landau (355), Kant explains that an action should be done towards a common good. On the side of the law, the consequences of granting her permission to procure the abortion are that it will have violated its law and more cases will be witnessed leading to a higher rate of abortion. However, if Tysiac does an abortion, the good aspect is that she will be free from sight loss. For an action to be termed as applicable universally, it must bear benefits to the individuals on the receiving end. Thus, she should be allowed to undergo an abortion to secure her health as the law is only considering the strict adherence to its laws which is not a common good.

From non-consequentialist ethical theory, it is ethical for her to undergo an abortion since the maxim does not qualify to be a universal law as it does not accommodate all the health complications which might necessitate an abortion. In his theory, Kant explains that a maxim must have must applicable at a personal level for it to be deemed fit as a universal law (Misselbrook 211). One of the failures of the law is that it violates the prohibition of discrimination and does not respect privacy and family life as explained in article 8 and article 14 respectively (Vaughn 212). The law should be amended as it does not capture all the possible cases which women are exposed to and which can lead to termination of a pregnancy. In this case, she has the right to procure the abortion as the law on abortion as stipulated by the Polish government is not applicable at a personal level although it is termed as a universal law.

Conclusion

In summary, theories by philosophies can be used to solve contemporary issues in society. One of the theories is the Kant's non-consequentialist ethical theory which infers that all the actions should lead to a common good. The theory is applicable in the case where Tysiac, a Polish woman, faulted by the abortion laws for denying her permission to procure an abortion even when failure to terminate the pregnancy would lead to loss of sight. Although the law does not capture the presence of a health complication during pregnancy as a threat to a woman's wellbeing, the abortion is valid since it is the only available option to prevent her from losing her sight. Allowing her to make her decisions would be the perfect platform to allow her to choose the action which leads to an individual benefit and that when considered can lead to the formation of a great universal law.

Works Cited

Chackalackal, Saju. Unity of Knowing and Acting in Kant: A Paradigmatic Integration of the Theoretical and the Practical. Bangalore: Dharmaram Publications, 2002. Print.

Misselbrook, David. "Duty, Kant, and deontology." The British Journal of General Practice: The Journal of The Royal College of General Practitioners 63.609 (2013): 211. doi:10.3399/bjgp13X665422

Pasternack, Lawrence, Editor. Immanuel Kant: Groundwork of the metaphysic of moral in focus. London: Routledge, 2002. Print.

Shafer-Landau, Russ. Ethical Theory: An Anthology.Massachusetts: Blackwell, 2007. Print.

Vaughn, Lewis. Doing Ethics: Moral Reasoning and Contemporary Issues. New York: W.W. Norton & Co, 2013. Print.White, James E. Contemporary Moral Problems. Australia: Thomson Wadsworth, 2009. Print.