Nova et vetera

Introduction

Are there failed persons? Yes. However, before explaining what a failed person is, it will be good to consider closely a very significant part of our society to get a sense of what it thinks a failed person is, since my account of what a failed person is is markedly different. It is important to think about the question of failed persons because there are growing movements here and abroad aimed at killing by medical means human beings who are judged in some sense to be failed persons, human beings who do not count as persons according to a common societal notion of persons, a social-psychological notion of persons.

The question for anyone who lives within this society with its notion of failed persons is whether one will take part in and support this movement toward killing human beings or avoid it, indeed whether one will push back against it. It is easy enough to fall into a trap of thinking about failed persons the way much of our society does. One's complicity in adopting the social-psychological notion of person contributes to enabling the acceptance of such killing, even if one believes one would never perform the killing act. My effort here is precisely to push back against such killing, by pushing back against the notion of persons that animates it.

The killing of human beings by our society is not simply confined to abortion, as it has been legally and widely available here in the United States for almost fifty years now. Recent political discussions in the wake of the Dobbs decision have made it clear that many political leaders think such killing ought to be allowed all the way up until birth, and perhaps after. Relatively [End Page 1123] recently there was an article in a mainstream bioethics journal by Alberto Giubilini and Francesca Minerva arguing that what most people would take to be cases of infanticide should be renamed, per their title, "After-Birth Abortion."¹ The article was not about the moral legitimacy of either infanticide or abortion. The moral legitimacy of those acts for various reasons was taken as a given by the authors. In the case of euthanizing infants, they noted the expanding number of arguments for it among philosophers, the desire for guidelines for doing it among members of the medical profession, and the protocols for it established in places like the Netherlands.

The authors argued that in the case of newborns, including healthy newborns, killing them should not be considered infanticide or euthanasia.² They distinguished abortion from both euthanasia and infanticide. Euthanasia involves killing a human person, where a person is understood to be a being that can experience itself as having interests that can be harmed. "We take 'person' to mean an individual who is capable of attributing to her own existence some (at least) basic value such that being deprived of this existence represents a loss to her."³ Euthanasia, when justified, is justified by being in the best "interests" of the person killed. Infanticide involves euthanizing children.

However, the authors claim that a newborn is not a person in the sense of "person" specified. So, the authors' term "after-birth abortion" is a terminological distinction based upon denying that a newborn is a child, children being persons. They also assume that infants are children as they understand "child." So not being a child, a newborn cannot be an infant. Not being an infant, killing it cannot be infanticide or euthanasia, again as the authors define those terms.⁴ Instead, killing the newborns, healthy or not, should be thought of as having the same moral weight as an abortion before birth, and thus rather than being called infanticide or euthanasia, it should be called "after-birth abortion."⁵

Killing a newborn then is "ethically permissible" in just the same circumstances and for the same reasons as abortion is ethically permissible. Among [End Page 1124] the "ethically permissible" circumstances for killing newborns, including perfectly healthy newborns, are that the "well-being of the family is at risk" with respect to "social, psychological, economic" factors,⁶ but also the fact...