the same difficulty can, of course, be raised for a person who holds that infanticide is morally permissible. The conservative will ask what morally relevant differences there are between an adult human being and a newborn baby. What makes it morally permissible to destroy a baby, but wrong to kill an adult? So the challenge remains. But I will argue that in this case there is an extremely plausible answer.
Reflecting on the morality of infanticide forces one to face up to this challenge. In the case of abortion a number of events – quickening or viability, for instance – might be taken as cutoff points, and it is easy to overlook the fact that none of these events involves any morally significant change in the developing human. In contrast, if one is going to defend infanticide, one has to get very clear about what makes something a person, what gives something a right to life.
One of the interesting ways in which the abortion issue differs from most other moral issues is that the plausible positions on abortion appear to be extreme positions. For if a human fetus is a person, one is inclined to say that, in general, one would be justified in killing it only to save the life of the mother.2 Such is the extreme conservative position.3 On the other hand, if the fetus is not a person, how can it be seriously wrong to destroy it? Why would one need to point to special circumstances to justify such action? The upshot is that there is no room for a moderate position on the issue of abortion such as one finds, for example, in the Model Penal Code recommendations.4
Aside from the light it may shed on the abortion question, the issue of infanticide is both interesting and important in its own right. The theoretical interest has been mentioned: it forces one to face up to the question of what makes something a person. The practical importance need not be labored. Most people would prefer to raise children who do not suffer from gross deformities or from severe physical, emotional, or intellectual handicaps. If it could be shown that there is no moral objection to infanticide the happiness of society could be significantly and justifiably increased.
Infanticide is also of interest because of the strong emotions it arouses. The typical reaction to infanticide is like the reaction to incest or cannibalism, or the reaction of previous generations to masturbation or oral sex. The response, rather than appealing to carefully formulated moral principles, is primarily visceral. When philosophers themselves respond in this way, offering no arguments, and dismissing infanticide out of hand it is reasonable to suspect that one is dealing with a taboo rather than with a rational prohibition.5 I shall attempt to show that this is in fact the case.
II Terminology: “Person” versus “Human Being”
How is the term “person” to be interpreted? I shall treat the concept of a person as a purely moral concept, free of all descriptive content. Specifically, in my usage the sentence “X is a person” will be synonymous with the sentence “X has a (serious) moral right to life.”
This usage diverges slightly from what is perhaps the more common way of interpreting the term “person” when it is employed as a purely moral term, where to say that X is a person is to say that X has rights. If everything that had rights had a right to life, these interpretations would be extensionally equivalent. But I am inclined to think that it does not follow from acceptable moral principles that whatever has any rights at all has a right to life. My reason is this. Given the choice between being killed and being tortured for an hour, most adult humans would surely choose the latter. So it seems plausible to say it is worse to kill an adult human being than it is to torture him for an hour. In contrast, it seems to me that while it is not seriously wrong to kill a newborn kitten, it is seriously wrong to torture one for an hour. This suggests that newborn kittens may have a right not to be tortured without having a serious right to life. For it seems to be true that an individual has a right to something whenever it is the case that, if he wants that thing, it would be wrong for others to deprive him of it. Then if it is wrong to inflict a certain sensation upon a kitten if it doesn’t want to experience that sensation, it will follow that the kitten has a right not to have sensation inflicted upon it.6 I shall return to this example later. My point here is merely that it provides some reason for holding that it does not follow from acceptable moral principles that if something has any rights at all, it has a serious right to life.
There has been a tendency in recent discussions of abortion to use expressions such as “person” and “human being” interchangeably. B. A. Brody, for example, refers to the difficulty of determining “whether destroying the foetus constitutes the taking of a human life,” and suggests it is very plausible that “the taking of a human life is an action that has bad consequences for him whose life is being taken.”7 When Brody refers to something as a human life he apparently construes this as entailing that the thing is a person. For if every living organism belonging to the species Homo sapiens counted as a human life, there would be no difficulty in determining whether a fetus inside a human mother was a human life.
The same tendency is found in Judith Jarvis Thomson’s article, which opens with the statement: “Most opposition to abortion relies on the premise that the fetus is a human being, a person, from the moment of conception.”8 The same is true of Roger Wertheimer, who explicitly says: “First off I should note that the expressions ‘a human life,’ ‘a human being,’ ‘a person’ are virtually interchangeable in this context.”9
The tendency to use expressions like “person” and “human being” interchangeably is an unfortunate one. For one thing, it tends to lend covert support to antiabortionist positions. Given such usage, one who holds a liberal view of abortion is put in the position of maintaining that fetuses, at least up to a certain point, are not human beings. Even philosophers are led astray by this usage. Thus Wertheimer says that “except for monstrosities, every member of our species is indubitably a person, a human being, at the very latest at birth.”10 Is it really indubitable that newborn babies are persons? Surely this is a wild contention. Wertheimer is falling prey to the confusion naturally engendered by the practice of using “person” and “human being” interchangeably. Another example of this is provided by Thomson: “I am inclined to think also that we shall probably have to agree that the fetus has already become a human person well before birth. Indeed, it comes as a surprise when one first learns how early in its life it begins to acquire human characteristics. By the tenth week, for example, it already has a face, arms and legs, fingers and toes; it has internal organs, and brain activity is detectable.”11 But what do such physiological characteristics have to do with the question of whether the organism is a person? Thomson, partly, I think, because of the unfortunate use of terminology, does not even raise this question. As a result she virtually takes it for granted that there are some cases in which abortion is “positively indecent.”12
There is a second reason why using “person” and “human being” interchangeably is unhappy philosophically. If one says that the dispute between pro‐ and anti‐abortionists centers on whether the fetus is a human, it is natural to conclude that it is essentially a disagreement about certain facts, a disagreement about what properties a fetus possesses. Thus Wertheimer says that “if one insists on using the raggy fact–value distinction, then one ought to say that the dispute is over a matter of fact in the
