Friday, May 27, 2005

Legalizing Infanticide

Two things got me thinking about infanticide this morning:

First, this post from Freshman44, who says, "There is no point at which a fetus is an independent human being. None. You have to get born first. "Fetus" = "independent" does not compute."

Secondly, an article at scotsman.com about infanticide: "Professor Alan Craft, president of the Royal College of Paediatrics, said that mothers who killed their infants were disturbed and needed help rather than imprisonment.

He called for such women, particularly those alleged to have suffocated their babies, to be dealt with in the civil, not the criminal, courts.

Prof Craft said: "Accusing mothers of murdering their babies in the first year of life is not the right way to deal with it. "

Wow. I've been wondering when we were going to start seeing more arguments like this.

Prof. Craft couches his arguments in terms like, "They are generally mothers who need help, and locking them up for life is not the best way to help them."

But what he really seems to be advocating is that killing a child under the age of 1 is not as serious a crime as other murder cases--not really a crime at all. He's not advocating that no murderer be prosecuted as a criminal, or even that no mother under the influence of postpartum depression be criminalized; only mothers who murder children under the age of one.

Really, it's not much of a step from seeing issues like abortion or the euthanization of severely disabled people as morally neutral, to this type of thinking.

Babies under a year old are completely dependent on others for their very life. Young babies who are completely breastfed are still receiving all their nourishment from their mother's body, much as they did when the mother was pregnant. They can't communicate on a level we can clearly understand, and most of their actions are governed by reflex or instinct. Therefore they aren't really rational beings and they aren't capable of opinions or cognitive thought in the same way as adults. They are completely dependent on others for their survival and for the most basic care. They can't meet any of their own needs.

These are the same criteria used by many to judge whether someone is really a "person" or not.

In earlier times, and still today in some cultures, the abandonment, sale and/or killing of unwanted children was a common and accepted practice. People could leave a child in the wilderness for wild beasts to devour, sell it as a slave, drown it or use it as a human sacrifice to their gods without penalty or social stigma.

An article by Dr. Alvin Schmidt, Professor Emeritus of Sociology at Illinois College, The Sanctification of Human Life, summarizes much of the early historical evidence of this, and says:

"Historical research shows that infanticide was common not only in the Greco-Roman culture but in many other cultures of the world as well. Susan Scrimshaw notes that it was common in India, China, Japan, and the Brazilian jungles as well as among the Eskimos.5 Writing in the 1890s, James Dennis shows in his Social Evils of the Non-Christian World that infanticide was also practiced in many parts of pagan Africa. He further states that infanticide was also 'well known among the Indians of North and South America,' 6 that is, before the European settlers, who reflected Christian values, outlawed it. . . .

If unwanted infants in the Greco-Roman world were not directly killed, they were frequently abandoned--tossed away, so to speak. . . . In neither Greek nor Roman literature can one find any feelings of guilt related to abandoning children."

Dr. Schmidt argues that it was not until the influence of Christianity that these trends started to change. He gives examples of many early Christian writers who wrote and spoke about the value of human life and the wrong of killing/abandoning children, and took real action to help the situation such as establishing orphanages and adopting abandoned children themselves.

An article in The Columbia Encyclopedia notes that Christianity, Islam and Judaism all "[condemn] infanticide as murder."

Professor John Boswell in his book, The Kindness of Strangers : The Abandonment of Children in Western Europe from Late Antiquity to the Renaissance, covers the issue of child abandonment through history in depth. Here's a site with fairly extensive excerpts and summaries from the book.

As the national and world environmentent changes to be more influenced by neo-Darwinism, humanism and utilitarianism, we are seeing steady progress toward the legalization of infanticide.

It makes sense in a worldview where human life has no inherent value.

In the wake of several Dutch doctors openly admitting to killing infants, the response has been to push the creation of laws to legalize the killing of disabled infants. A number of prominent doctors and ethicists, including Dr. Ronald Cranford, promote the use of brain-damaged or disabled infants as organ donors along with promoting euthanization.

This article on The Abortion/Infanticide Link: The Dehumanization of Infants notes, "Michael Tooley, a philosophy professor at the University of Colorado . . . has argued that there should be "some period of time, such as a week after birth, as the interval during which infanticide will be permitted." (Philosophy & Public Affairs 2 (Fall 1972) pp. 37-65 (c) 1972 Princeton University Press) Other "philosophers" have argued that parents should be able to kill their children "up to the time the (baby) learns how to use certain expressions.""

[Note: the bold emphasis in all these quotes is mine.]

Dr. Peter Singer, a strong utilitarian who promotes the idea that humans are no different than animals and advocates that parents should be able to kill their children up to 30 days after birth, has received several prominent ethics awards.

Here's an excerpt from Singer's article Taking Life: Humans (Excerpted from Practical Ethics, 2nd edition, Cambridge, 1993, pp. 175-217) in which he states, "I do not deny that if one accepts abortion on the grounds provided in Chapter 6, the case for killing other human beings, in certain circumstances, is strong. As I shall try to show in this chapter, however, this is not something to be regarded with horror, and the use of the Nazi analogy is utterly misleading. On the contrary, once we abandon those doctrines about the sanctity of human life that - as we saw in Chapter 4 - collapse as soon as they are questioned, it is the refusal to accept killing that, in some cases, is horrific. . . .

In Chapter 4 we saw that the fact that a being is a human being, in the sense of a member of the species Homo sapiens, is not relevant to the wrongness of killing it; it is, rather, characteristics like rationality, autonomy, and self-consciousness that make a difference. Infants lack these characteristics. Killing them, therefore, cannot be equated with killing normal human beings, or any other self-conscious beings. This conclusion is not limited to infants who, because of irreversible intellectual disabilities, will never be rational, self-conscious beings. We saw in our discussion of abortion that the potential of a fetus to become a rational, self-conscious being cannot count against killing it at a stage when it lacks these characteristics - not, that is, unless we are also prepared to count the value of rational self-conscious life as a reason against contraception and celibacy. No infant - disabled or not - has as strong a claim to life as beings capable of seeing themselves as distinct entities, existing over time."


The New York Times published an article by Stephen Pinker called "Why They Kill Their Newborns" in which Dr. Pinker argues that infanticide (which he calls neonaticide or filicide) isproductuct of "the biological design of our parental emotions" and that "in most cultures, neonaticide is a form of this triage."

He comments, "Full personhood is often not automatically granted at birth . . . It seems obvious that we need a clear boundary to confer personhood on a human being and grant it a right to life. Otherwise, we approach a slippery slope that ends in the disposal of inconvenient people or in grotesque deliberations on the value of individual lives. But the endless abortion debate shows how hard it is to locate the boundary. . . . Neonaticide forces us to examine even that boundary. To a biologist, birth is as arbitrary a milestone as any other. . . .

What makes a living being a person with a right not to be killed? . . . the right to life must come, the moral philosophers say, from morally significant traits that we humans happen to possess. One such trait is having a unique sequence of experiences that defines us as individuals and connects us to other people. Other traits include an ability to reflect upon ourselves as a continuous locus of consciousness, to form and savor plans for the future, to dread death and to express the choice not to die. And there's the rub: our immature neonates don't possess these traits any more than mice do. . . .

Several moral philosophers have concluded that neonates are not persons, and thus neonaticide should not be classified as murder. Michael Tooley has gone so far as to say that neonaticide ought to be permitted during an interval after birth. . . . So how do you provide grounds for outlawing neonaticide? The facts don't make it easy."

Will we see a return to a moral environment where a parent can, without penalty, kill any child under a certain age? I hope not. But it certainly looks possible.


12 Comments:

Anonymous Anonymous said...

Angela,

It strikes me that Professor Craft's views are less in line with infanticide, and more in line with the general view that criminal's should not be punished, but "treated".

I think we are a relatively short step in our current society from seeing criminal behavior as a mental illness, or even a genetic condition.

From this perspective, criminal behavior of any kind should not be punished, but tolerated as much as possible, and certainly not punished. Dorothy Sayers did an interesting portrayal of that idea in her book Whose Body.

Mark C.

5:30 PM  
Blogger purple_kangaroo said...

Well, the reason I saw it as a dehumanization of infants is that he doesn't seem to be arguing that position when adults are murdered. He specifically limits it to the murder of children under the age of one.

5:36 PM  
Blogger purple_kangaroo said...

I agree, though, that we are definitely seeing a trend toward the decriminalization of criminal activity.

6:09 PM  
Blogger Kevin said...

Do they address why it is immoral to kill presently rational, self-conscious beings? If we take a subjective view of morality, that line itself seems rather arbitrary to me.

If I get hit in the head and sleep for a week and am totally dependent upon those around me, is it ok to kill me? Am I not judged by my potential to become rational, self-conscious, and independent in the future? Value is determined not only by present characteristics, but potential future characteristics.

Maybe I'm not understanding their argument fully, but it seems flawed to me.

5:06 PM  
Blogger purple_kangaroo said...

I agree, Kevin. I think the argument is seriously flawed. Scary that these guys get awards and recognition for their work.

12:04 AM  
Blogger Richard Lawrence Cohen said...

I think there's a fine but distinct line between forgiving crime and excusing it. People like this Prof. Craft fellow seem to sympathize entirely with the criminal and not at all with the victim. They are acting out their hidden antisocial desires from the safety of prestigious academic and professional sinecures. That's excusing crime, and it's really a form of selfishness. In contrast, Tolstoy, in his novel RESURRECTION (my favorite book), dramatizes an extended case in favor of abolishing criminal punishment entirely, on Christian grounds of forgiveness. I'm Jewish, but this is the kind of Christianity I deeply admire. Whether Tolstoy's vision could be realized in the actual world is another question.

7:24 AM  
Blogger Richard Lawrence Cohen said...

...And the key difference between excusing crime and forgiving it lies of course in the criminal's own repentance...

7:57 AM  
Blogger purple_kangaroo said...

(Do you prefer to be called Richard, Mr. Cohen, or something like RLC? I wonder every time I address you.)

I've been thinking about your comment all day. I think you are very right that there is a fine line between excusing and forgiving crime.

Forgiveness, though, seems to me to be based primarily on relationship, as opposed to being something that could be done effectively through a legal system. It is really only in the context of relationship that we can get a fairly accurate sense of whether someone is repentant or not, and forgiveness is more of a heart thing, as is repentance.

Repentance and/or forgiveness doesn't necessarily remove the consequences. After all, if you shoot someone they'll still be dead no matter how sorry you are. And it's not always best for the person who did the wrong thing (or the wronged person) to be absolved of all consequences.

But the Bible teaches that in most situations the consequences should involve restitution more than punitive punishment. And the goal of those consequences is love and setting things right, not punishment for its own sake. You can love and forgive someone while still asking them to give back the thing they stole or repair the vandalism they enacted.

If someone is truly repentant, they will WANT to set things right. Of course, that's not always possible, but I think that, for example, having someone pay back several times the amount of what they stole would be a lot more loving and effective than jail time or even than guilt and shame.

Shame or punishment for the sake of revenge/hurting the offender are never effective tools for change. Love and forgiveness while moving forward and truly helping the person to change or make right what they did would IMHO be much more effective.

8:45 PM  
Blogger purple_kangaroo said...

Oh, also I don't think that forgiveness is dependent on the person's repentance. You can forgive someone in the sense of letting go of bitterness and the desire to hurt or punish them whether they are repentant or not.

But the extent of enforcing or releasing them from consequences could be affected by their repentance.

8:49 PM  
Blogger irasocol said...

late entry, but really, we excuse crime all the time, even the strongest law and order types, and we accept killing every day, even the most "righteous" among us. Is a mother who, in deep depression (obviously) kills a six month old really far more irredeemably criminal than those who created the Bhopal disaster or those at Enron who created rolling blackouts in California that cost lives in summer heat? Is a mother's decision to terminate a fetus any different than the refusal of any doctor to treat someone because they lack health insurance or the ability to pay?

We live in a world of sliding-scale morality, and rank certain lives as far more valuable than others. We kill people who we deem unimportant or not-worth-saving every hour. We starve children and sentence them to murderously abusive situations. We complain about tax rates instead of providing humans with life saving medicines.

And then we get all "moral" when anyone comes along and points out the obvious.

6:49 AM  
Blogger purple_kangaroo said...

Hi, narrator! Welcome to the blog. You're so right that "We live in a world of sliding-scale morality, and rank certain lives as far more valuable than others. We kill people who we deem unimportant or not-worth-saving every hour."

I think you are right. It's terribly inconsistent. And sad.

11:57 AM  
Blogger papijoe said...

Wow, what a post!

Thanks for stopping by PK!

2:18 PM  

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