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Since the goal of this article is to illustrate that the animal rights position has greater implications for abortion than Francione admits, it is not necessary that I address every pregnancy scenario. Answering this question requires an inquiry into the specific details surrounding the agent’s ignorance and an in-depth discussion about culpable ignorance which, due to space constraints, this article cannot sufficiently address. One might question whether a woman commits a moral wrong by aborting an unwanted fetus in a circumstance where she does not become aware that she is pregnant until after eight weeks gestation. Rather, erring on the side of caution, in this discussion, requires a woman who is pregnant with an unwanted fetus to exercise a significantly high standard of responsibility and to seek an early abortion. Thus, in this discussion, erring on the side of caution does not require the woman to forfeit her genuine right. In addition, I will later argue that, in the abortion discussion, the conflict of rights between the fetus and the woman does not emerge until the eighth week gestation, providing a woman with an eight week window to terminate an unwanted pregnancy, thereby allowing her to avoid a possible scenario where she might be forced to balance her genuine rights against the possible rights of a fetus. Yet, like Moller ( 2011), I argue that the moral risk should be taken seriously and furthermore should make some difference in our moral decision making. However, if we are to err on the side of caution in the case of an eight week year old fetus, this becomes problematic because, in cases of unwanted pregnancy, the possible rights of the fetus would be in direct conflict with a woman’s genuine rights. So, in the case of crustaceans, it is unproblematic to err on the side of caution in order to grant them rights since the possible rights of these beings are not in direct conflict with the genuine rights of a person. Erring on the side of caution might pose a problem when resources are scarce or in cases of a conflict between rights where erring on the side of caution might entail that a genuine right is overridden for the sake of a possible right.
