The Violinist is a famous thought experiment first posed by Judith Jarvis Thomson in 1971.
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The Stanford Encyclopedia of Philosophy describes her thought experiment as follows:
As Thomson recognizes, this analogy is most applicable in cases of rape.
In her introduction to her "Famous Violinist Problem", Thomson notes that much of the inadequate debate on abortion was getting lost within the issue of whether the fetus is a person or a mass of tissue.
Having identified this question, Thomson attempted to circumvent this issue by "[immediately granting] that the fetus is a person from the moment of conception"; which then allowed her to address what she felt was the only issue involved: that of whether the pregnant woman, or the fetus, had the "stronger and more stringent… right to life".[2]
In Philippa Foot's "Killing and Letting Die", Thomson’s thought experiment is directly criticized. Foot discredits the suggested mirror-situation between the violinist and abortion by applying and weighing negative and positive rights.
First, Foot derives the moral difference between killing and letting die:
The rights to noninterference constitute ‘negative rights’ and the rights to goods or services constitute 'positive rights'.
Foot claims that, "Typically, it takes more to justify an interference than to justify the withholding of goods or services…".[4] In other words, ceteris paribus, a negative right holds greater moral weight than a positive right, and so it is harder to morally justify overriding a negative right than a positive right. Foot builds on this by specifying, "So if, in any circumstances, the right to noninterference is the only right that exists, or if it is the only right special circumstances have not overridden, then it may not be permissible to initiate a fatal sequence, but it may be permissible to withhold aid".[4] Foot classifies initiating a fatal sequence as a morally objectionable act, while legitimizing the morality of not aiding.
This holds substantial implications for Thomson’s violinist experiment. Whereas Thomson requests the reader to draw a moral parallel between unhooking oneself from the violinist and a woman aborting her fetus, Foot seeks a deeper explanation of why this should be the case. But, in Foot’s opinion, under her framework, things are not as Thomson would like. Foot notes, “According to my thesis, the two cases must be treated quite differently because one involves the initiation of a fatal sequence and the other the refusal to save a life”.[5]
The distinction arises from the rights due to the violinist and fetus, and the duty one holds not to violate them. In the case of Thomson’s experiment, the violinist holds only a positive right to be saved: he requires the service of being hooked up to another’s body. Now, as the argument will go, if you find yourself hooked up to the dying violinist, you have an obligation to not ‘kill him’ by separating yourself from him. However, it is important not to allocate rights to which the violinist is not entitled. You, the person to whom he is attached, did not bring about the sequence of his death, and so cannot be burdened with, say, the negative duty ‘not to kill the violinist’ – since, ultimately, it is the ailment that is killing the violinist. Consequently, the only right to which the violinist has a claim is a positive right. And, Foot explains, “…although charity or duties of care could have dictated that the help be given, it seems perfectly reasonable to treat this as a case in which such presumptions are overridden by other rights—those belonging to the person whose body would be used.”[5] Thus, in this case one may unhook from the violinist, since his positive right does not hold enough weight to justify disregarding another’s right to his or her own body.
Foot gives an account of the other case, abortion:
According to Foot, abortion is uniquely different from the violinist case, since the fetus holds a negative right not to be killed (since it holds a full right to life, as granted to it by Thomson). The woman, by having an abortion administered, directly initiates the event which takes the fetus’s life, completely violating its negative right. For this reason, in any normal circumstances a woman cannot morally legitimize having an abortion.