If you agree that infanticide is morally wrong, should you not also agree that late-term abortion is also morally wrong? Consider this argument:
Infanticide is morally wrong
There is no morally relevant difference between infanticide and late-term abortion
Therefore
Late-term abortion is morally wrong.
To cast it in a slogan: Late-term abortion is pre-natal infanticide!
But of course the argument can be run in reverse with no breach of logical propriety:
Late-term abortion is not morally wrong
There is no morally relevant difference between infanticide and late-term abortion
Therefore
Infanticide is not morally wrong.
To make a slogan of it: Infanticide is post-natal abortion!
Since the arguments and slogans 'cancel each other out,' the question arises whether we can move beyond a stand-off. The pro-lifer finds it evident that infanticide is morally wrong, violating as it does the infant's right to life, and extends that right to the late-term fetus, while the type of pro-choicer I will be discussing in this post finds it evident that late-term abortion is morally acceptable and extends that moral acceptability to infanticide.
My response to the problem makes appeal to two principles, the Potentiality Principle, and the Modified Species Principle. After I lay them out I will ask whether they help us avoid a stalemate.
The idea behind the Potentiality Principle (PP) is that potential descriptive personhood confers a right to life. In other words, the idea is that potential descriptive personhood entails normative personhood. For present purposes we may define a person in the descriptive sense of the term, a descriptive person, as anything that is sentient, rational, self-aware, and purposive. A person in the normative sense of the term, a normative person, we may define as a rights-possessor. We assume that actual descriptive persons are normative persons and thus have rights, including a right to life, a right not to be killed. Presumably we all accept the following Rights Principle:
RP: All descriptive persons have a right to life.
What PP does is simply extend the right to life to potential persons. Thus,
PP. All potential descriptive persons have a right to life.
I have undertaken the defense of PP in other posts and I won't repeat myself here. PP allows us to mount a very powerful argument, the Potentiality Argument (PA), against the moral acceptability of abortion. Given PP, and the fact that human fetuses are potential persons, it follows that they have a right to life. From the right to life follows the right not to be killed, except perhaps in some extreme circumstances.
It may be that the right to life has multiple sources. Perhaps it has a dual source: in PP but also in the Species Principle (SP) according to which whatever is genetically human has the right to life just in virtue of being genetically human. Equivalently, what SP says is that every member of the species homo sapiens, qua member, has the right to life of any member, and therefore every member falls within the purview of the prohibition against homicide.
The intuition behind SP is that killing innocent human beings is just plain wrong whether or not they are actual persons in the descriptive sense of the term. Now late-term human fetuses are of course human beings, indeed human individuals (not just clumps of cells or bits of human genetic material). And of course they are innocent human beings. it follows that they have a right to life.
Subscription to SP entails that a severely damaged infant, a Down's Syndrome baby, for example, would have a right to life just in virtue of being genetically human regardless of its potential for development. Some will object that SP is involved in species chauvinism or 'speciesism,' the abitrary and therefore illicit privileging of the species one happens to belong to over other species. The objection might proceed along the following lines. "It is easy to conceive of an extraterrestrial possessing all of the capacities (for self-awareness, moral choice, rationality, etc.) that we regard in ourselves as constituting descriptive personhood. Surely we would not want to exclude them from the prohibition against killing the innocent just because they are not made of human genetic material." To deal with this objection, a Modified Species Principle could be adopted:
MSP: Every member of an intelligent species, just insofar as it is a member of that species, has a right to life and therefore falls within the purview of the prohibition against the killing of innocents.
The two principles (PP and MSP) working in tandem would seem to explain most of our moral intuitions in this matter. And now it occurs to me that PP and MSP can be wedded in one comprehensive principle, which we can call the Species Potentiality Principle:
SPP: Every member of any biological species whose normal members are actual or potential descriptive persons, just insofar as it is a member of that species, possesses a right to life and therefore falls within the purview of the prohibition against the killing of innocents.
Does the above help us move beyond a stand-off? Not at all. No committed pro-choicer will accept the principles I have articulated above. And of course I won't accept his rejection of them. For they are eminently rationally defensible and free of any formal or informal logical fallacy. And of course no empirical facts speak against them. Here as elsewhere, reason and argument can only take one so far. They are wonderfully useful in achieving clarity about what one's position is and the reasons one has for occupying it. But no argument will convince anyone who doesn't accept one's premises.
Here as elsewhere reason is powerless to decide the question even when informed by all relevant empirical facts.
In the end it comes down to basic moral intuitions. Some people have moral sense and some people don't. I say: Can't you just SEE (i.e., morally intuit) that killing an innocent human being is morally wrong? If you say 'no,' then I call you morally obtuse or morally blind. I throw you in with the color-blind and the tone-deaf. And then I go on to call into question your motives for holding your morally outrageous view. I might say: "The real reason (i.e., the psychologically salient motive) for your support of abortion and infanticide is your desire to have unrestrained sexual intercourse without accepting any responsibility for the consequences of your actions. At the root of it all is your refusal to practice self-restraint, and your selfish desire to do whatever you please." But even in the cases where such a psychological explanation is true it will do nothing to convince the opponent.
Here is something to think about. Would the abortion/infanticide question be such a hot-button issue if it weren't for our innate concupiscence kept constantly aflame by a sex-saturated society? (Pardon the mixed metaphors.) Could it be that concupiscence unrestrained clouds our moral vision and makes us unable to discern moral truths?
This post was 'inspired' by After-Birth Abortion: Why Should the Baby Live? (A tip of the hat to the noble Maverickians who brought it to my attention.)
The title leaves something to be desired as regards felicity of expression. 'Afterbirth' is either the process whereby the placenta is expelled from the uterus after the neonate has exited, or else the placenta itself. May I suggest 'post-natal'? And to call infanticide after-birth or post-natal abortion is an egregious misuse of language inasmuch as abortion in this context is the termination of a pregnancy by killing of the fetus. Infanticide is not the termination of a pregnancy. One cannot terminate a process that has come to fruition.
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