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Dædalus

Dædalus
coming up in Dædalus:

on nature Leo Marx, William Cronon, Cass Sunstein, Daniel Kevles, Bill
McKibben, Harriet Ritvo, Gordon Orians, Camille Parmesan,
Journal of the American Academy of Arts & Sciences
Margaret Schabas, and Philip Tetlock & Michael Oppenheimer
Winter 2008
on cosmopolitanism Martha C. Nussbaum, Margaret C. Jacob, A. A. Long, Pheng Cheah,
Darrin McMahon, Helena Rosenblatt, Samuel Scheffler, Arjun

Winter 2008: on life


Appadurai, Rogers Smith, Peter Brooks, and Craig Calhoun
on life Lorraine Daston Life, chance & life chances 5
plus poetry by C. D. Wright &c.; ½ction by Wesley Brown, Alix Anthony Kenny The beginning of an individual human 15
Ohlin &c.; and notes by Richard Kraut, Ian Ayres, Charles Stanish, Robert P. George Embryo ethics 23
Barbara Finlayson-Pitts, William Kirby &c.
Nikolas Rose The somatic ethic & the spirit of biocapital 36
John Broome What is your life worth? 49
Shai Lavi How dying became a ‘life crisis’ 57
Jeff McMahan Eating animals the nice way 66
Adrian Woolfson The synthetic future of life 77

poetry Ted Richer Anon 84

½ction Chris Abani Three Letters, One Song & A Refrain 87

notes Phyllis D. Coley on turning green into gold 92


Don Harrán on a Jewish musical Renaissance 96

U.S. $13; www.amacad.org


Inside front cover: A detail from the ½rst accurate
map of Africa, drawn by Sebastian Münster (1488–
1552), a pioneering German cartographer who was
also the ½rst to publish a set of maps of the known
continents of the world. The ½rst version of his Af-
rican map appeared in Münster’s 1840 edition of
Ptolemy, and was reprinted in several subsequent
publications, including the Cosmographia of 1554–
the one depicted here dates from 1542. See Adrian
Woolfson on Synthetic life, pages 77–83: “Münster’s
map was also remarkable for its unusual depiction
of Africa’s wildlife. In his exposition, the Dark
Continent teemed not only with conventional crea-
tures like elephants and parrots, but also with
mythical ones such as one-eyed Monoculi. The in-
corporation of imaginary beasts suggests Münster’s
anticipation of the synthetic future of life, and in-
deed his tacit appreciation of the fact that material
existence represents only a fraction of natural and
arti½cial possibility.” Image courtesy of Depart-
ment of Special Collections, Stanford University
Libraries.
James Miller, Editor of Dædalus
Phyllis S. Bendell, Managing Editor
and Director of Publications
Esther Y. Chen, Assistant Editor

Board of editors
Steven Marcus, Editor of the Academy
Russell Banks, Fiction Adviser
Rosanna Warren, Poetry Adviser
Joyce Appleby (u.s. history, ucla), Stanley Hoffmann (government, Harvard),
Donald Kennedy (environmental science, Stanford), Martha C. Nussbaum (law
and philosophy, Chicago), Neil J. Smelser (sociology, Berkeley), Steven Weinberg
(physics, University of Texas at Austin); ex of½cio: Emilio Bizzi (President of the
Academy), Leslie Cohen Berlowitz (Chief Executive Of½cer)

Editorial advisers
Daniel Bell (sociology, Harvard), Michael Boudin (law, u.s. Court of Appeals),
Wendy Doniger (religion, Chicago), Howard Gardner (education, Harvard), Carol
Gluck (Asian history, Columbia), Stephen Greenblatt (English, Harvard), Thomas
Laqueur (European history, Berkeley), Alan Lightman (English and physics, mit),
Steven Pinker (psychology, Harvard), Diane Ravitch (education, nyu), Amartya
Sen (economics, Harvard), Richard Shweder (human development, Chicago),
Frank Wilczek (physics, mit)

Contributing Editors
Robert S. Boynton, D. Graham Burnett, Peter Pesic, Danny Postel

Dædalus is designed by Alvin Eisenman


Dædalus
Journal of the American Academy of Arts & Sciences

The labyrinth designed by Daedalus for King Minos of Crete, on a silver tetradrachma from
Cnossos, Crete, c. 350–300 b.c. (35 mm, Cabinet des Médailles, Bibliothèque National,
Paris). “Such was the work, so intricate the place, / That scarce the workman all its turns
cou’d trace; / And Daedalus was puzzled how to ½nd / The secret ways of what himself
design’d.”–Ovid, Metamorphoses, Book 8

Dædalus was founded in 1955 and established as a quarterly in 1958.


The journal’s namesake was renowned in ancient Greece as an inventor,
scientist, and unriddler of riddles. Its emblem, a maze seen from above,
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The American Academy of Arts & Sciences, like its journal, brings
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may tend to advance the interest, honour, dignity, and happiness of a free,
independent, and virtuous people.” Now in its third century, the Academy,
with its more than four thousand elected members, continues to provide
intellectual leadership to meet the critical challenges facing our world.
Dædalus Winter 2008 Subscription rates: Electronic only for non-
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© 2008 by Ted Richer
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Three Letters, One Song & A Refrain
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© 2008 by Chris Abani
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Lorraine Daston

Life, chance & life chances

Like all men in Babylon, I have been pro- ly situated and no one is able to design
consul; like all, I have been a slave. I have principles to favor his particular condi-
known omnipotence, ignominy, impris- tion, the principles of justice are the re-
onment . . . . I owe that almost monstrous sult of a fair agreement or bargain.
variety to an institution–the Lottery–
which is unknown in other nations, or at –John Rawls, A Theory of Justice
work in them imperfectly or secretly.

–Jorge Luis Borges, “The Lottery in Baby-


These two social fantasies, the Borgesi-
lon” an lottery and the Rawlsian veil of igno-
rance, seem to be poles apart: the one
The principles of justice are chosen be- seeks to maximize the role of chance in
hind a veil of ignorance. This ensures that social arrangements, the other to mini-
no one is advantaged or disadvantaged in mize it. The people of Babylon are sub-
the choice of principles by the outcome ject to the most dizzying reversals of
of natural chance or the contingency of fortune; the only regularity in their lives
social circumstances. Since all are similar- is the ordained drawing of lots that will
once again reshuffle their fates, for bet-
ter or worse. “If the Lottery is an inten-
Lorraine Daston, a Fellow of the American
si½cation of chance, a periodic infusion
Academy since 1993, is director at the Max
of chaos into the cosmos, then is it not
Planck Institute for the History of Science in
appropriate that chance intervene in ev-
Berlin. Her many publications include “Classi-
ery aspect of the drawing, not just one?”1
cal Probability and the Enlightenment” (1988),
No society could contrast more starkly
“Wonders and the Order of Nature, 1150– 1750”
with Borges’s Babylon than Rawls’s poli-
(with Katharine Park, 1998), “Things that Talk:
ty of fairness, in which differences in cit-
Object Lessons from Art and Science” (2004),
izens’ “initial chances in life” are brand-
and “Objectivity” (with Peter Galison, 2007).
ed as “especially deep inequalities,”
She has also coedited “Biographies of Scienti½c
which justice must alleviate.2
Objects” (2000), “The Moral Authority of Na-
ture” (2003), and “Thinking with Animals: New 1 Jorge Luis Borges, “The Lottery in Babylon,”
Collected Fictions, trans. Andrew Hurley (New
Perspectives on Anthropomorphism” (2005). York: Penguin, 1998), 104.

© 2008 by the American Academy of Arts 2 John Rawls, A Theory of Justice (Cambridge,
& Sciences Mass.: Harvard University Press, 1971), 7.

Dædalus Winter 2008 5


Lorraine Yet like all polar opposites, Borges’s reincarnation, or divine providence. The
Daston
on lottery and Rawls’s veil of ignorance are life of Oedipus was foretold, as was that
life plotted along the same conceptual axis. of Jesus. Lesser lives, though not digni-
Both envision life in terms of chances– ½ed by oracles or prophecies, were also
and moreover, chances that are symmet- thought to unfurl according to some
rically distributed. The Borgesian Baby- global plan. These lives are hardly fair–
lon may be nightmarishly chaotic, but why should Oedipus, much less all of
the lottery that rules it is fair. Everyone Thebes, be punished for crimes he com-
has been proconsul; everyone has been mitted unwittingly?–but they are just,
a slave. Fairness–not prosperity, not according to an ideal of justice that is
happiness, not achievement–is also the cosmic rather than individual. No doubt
fundamental intuition that undergirds fairness is as ancient and universal a hu-
Rawls’s imagined social contract. Our man value as justice, but the notion that
society may be poor or rich, barbaric or they coincide is historically and cultural-
highly cultivated, light-hearted or mel- ly rare, and perhaps distinctively mod-
ancholy, but whatever its resources and ern.
aspirations, we are all in it together. Ide- This is not to say that the role of
ally, you and I should have the same chance in human affairs has not been
prospects, the same number of tickets in recognized and thematized in many cul-
the lottery, the same life chances. If not tures besides our own. The wheel of for-
everyone becomes proconsul, not every- tune is a very old motif, carved into the
one a slave, it is only because Rawls has stonework of medieval cathedrals and
quali½ed his distribution of life chances flamboyantly rendered in Renaissance
as “initial” rather than lifelong. At least paintings. With each spin of the wheel,
at the beginning of life, every infant in kings and beggars trade places. In some
a Rawlsian society should have an equal traditions, including ancient Judaism
chance of becoming (to update the pos- and early medieval Christianity, chance
sibilities) president or street person. It mechanisms like the cast of dice or the
is, of course, Rawls’s hope and claim drawing of lots were used for divination;
that precisely this symmetry of possibili- in others, such as Hinduism, the gods
ties–not benevolence or charity–will themselves gamble.
motivate all members of society to ame- But chance per se is never normative
liorate the condition of the worst off: in these examples. Fortuna is a power-
this could happen to you, or to your chil- ful goddess, but it is Justitia who com-
dren. mands the moral high ground. Philoso-
There is nothing self-evident about phy consoled the much-tried Roman
conceiving of life as a kind of many- scholar and statesman Boethius by re-
sided fair die, rolled at every birth or at vealing that true wisdom lay in spiritual
intervals almost as regular as the draw- indifference to the caprices of fortune
ings of the Babylonian lottery (e.g., the (in his case, imprisonment and impend-
neighborhood one happens to grow up ing execution on a trumped-up charge
in, the schools one attends, the well- or of treason): in Boethius’s allegory, Dame
ill-starred marriage, the healthy or ail- Philosophy bests Fortuna, wheel and all.
ing children). On the contrary, most so- The use of dice, lots, and other aleatory
cieties have imagined lives as ordered devices to plumb God’s will when a con-
from birth (or perhaps even before), sequential decision loomed (see, for ex-
whether by inexorable fate, the cycle of ample, Numbers 33:54 or Proverbs 16:33)

6 Dædalus Winter 2008


was frowned upon by theologians at Like all statistical regularities, life Life, chance
& life
least since Augustine, precisely because chances apply in the ½rst instance to chances
such expedients forced God to rush in in populations, not individuals. The para-
order to contravene chance: a “tempta- digmatic way of assessing life chances is
tion of God.” And the gambling Hindu the table of mortality, which plots many
gods routinely cheated, the stakes being deaths as a function of some other vari-
too high to leave the game’s outcome to able: age, sex, profession, lifestyle, or
chance. In all cases, chance is invoked any number of other factors thought to
only to be overcome–by philosophical influence longevity. The table of mortal-
transcendence, divine intervention, or ity serves as the basis for estimating the
plain old stacking the deck. Life is full of most fundamental of all life chances–
contingencies, fortune and misfortune. life expectancy. Thanks to the World
But life itself is not, should not be, con- Health Organization, we are accustomed
ceived as a chance, a life chance in a co- to reading about life expectancy as a
lossal lottery. As the narrator of Borges’s function of nationality–for example,
short story about the Babylonian lottery 73.0 years for a newborn in Sweden ver-
observes: “I have known that thing the sus 25.9 years for one in Sierra Leone.
Greeks knew not– uncertainty.”3 But nationality is only one of many pos-
How did the metaphor of life chances sible groupings into which life chances
come to be so irresistible, at least for may be parsed. Epidemiologists may
modern societies like our own? And prefer grids that divide the world up in-
what does the symmetric distribution to city and country dwellers or the thin
of such chances have to do with justice? and the fat; sociologists draw the lines
The ½rst question is historical, the sec- according to income level, sex, race, or
ond philosophical. But they illuminate level of parental education. Further-
one another, or so I shall argue. The in- more, life chances pertain not only to
tuition that justice depends on equaliz- quantity but also to quality of life: enjoy-
ing individual life chances depends cru- ment of civil liberties, safety from vio-
cially on the conceptualization of life lence, access to the beauties of nature
in terms of chances–rather than as and art. However de½ned and assessed,
destinies, fates, providences, grace, or life chances apply to categories of people.
works. Life chances are not synonymous The conceptual preconditions for
with chaos: a lottery has a well-de½ned thinking in terms of life chances are
structure speci½ed by explicit rules. But therefore twofold: the notion of statis-
life chances fall short of a plan, whether tical regularities, and the belief in the
laid out for the individual or the cosmos. existence of homogeneous categories
To think of one’s life in terms of life of people to which the regularities apply.
chances is to admit, however reluctantly, Neither is intuitive. Long after statistics
ineluctable contingency. A ½stful of lot- began to be systematically collected in
tery tickets cannot guarantee the prize the eighteenth and nineteenth centuries,
with certainty; sometimes a single ticket ½rst concerning births and deaths and
suf½ces to win the jackpot. Life chances eventually concerning everything from
presume a world of statistical regulari- crime rates to volume of trade, their reg-
ties, orderly but not determined. ularity continued to be a source of as-
tonishment to mathematicians, social
thinkers, and the lay public alike. How
3 Borges, “The Lottery in Babylon,” 101. amazing that almost the same number

Dædalus Winter 2008 7


Lorraine of Englishmen committed suicide annu- category-cementing homogeneities was
Daston
on ally, year in, year out; ditto for the num- often a matter of political will, as in the
life ber of letters that landed each year in the case of the U.S. Constitution. Article I,
Parisian dead letter of½ce.4 How could Section 2, dictated that a national cen-
such eventualities, each so entangled in sus be taken every decade in order to de-
a myriad of particular circumstances, termine the number of representatives
become so predictable when regarded each state may elect to the lower house
en masse? Whereas we tend nowadays of Congress, thereby calling into being a
to be struck by the gap between the sta- homogeneous class of those with a right
tistical regularity that applies to a group to political representation (if not to suf-
and the actual fate of a particular mem- frage, as in the case of free but disenfran-
ber of that group (e.g., the chain smoker chised women). In stipulating the frac-
who lives to a ripe old age free of lung tion (three-½fths) for which each slave
cancer or heart disease or any of the oth- would count in the census, the same ar-
er ailments strongly correlated with tar ticle also proclaimed the limits of homo-
and nicotine), nineteenth-century writ- geneity. It is no accident that the gather-
ers on statistics pondered the apparent ing of state statistics on a large scale co-
contradictions between individual free incides historically with the French and
will and the iron determinism of statis- American Revolutions and the concert-
tical ‘laws.’ How could the suicide of, ed nation building of the ½rst half of the
say, Goethe’s young Werther really be nineteenth century, both of which re-
his own decision, if the suicide rates re- de½ned the categories of putative homo-
mained constant for decades on end? geneity and heterogeneity. Nevertheless,
That is, their attention was arrested by the rubrics under which various nation-
the regularities, then so novel and sur- al governments collect statistics remain
prising, whereas ours is snagged by the quite diverse, sometimes to the point of
exceptions, now so contrary to our ex- incommensurability (a major headache
pectations. for European Union or United Nations
The belief in the homogeneity of pop- statisticians charged with devising a col-
ulations was, if anything, still more lective scheme for all member states).5
hard-won. In order for a national census Even categories of ‘natural’ homo-
to make sense, it is the nation–not, for geneity may be devilishly dif½cult to dis-
example, the three Old Regime orders cern, as epidemiologists well know: does
of clergy, aristocracy, and commoners– it make more difference to life expectan-
that must be accepted as the primary cy, for example, if one (a) is female, (b)
unit of social classi½cation. There is no is a vegetarian, or (c) lives next to a large
point in counting the members of a sta- oil re½nery? The crisscrossing influ-
tistical reference class unless one is ½rst ences of natural and political categories
convinced that they in fact possess (who has no choice but to live next to
enough commonalities to constitute a the oil re½nery?) can be mind-boggling-
class, as opposed to a miscellany. The ly complex. Moreover, the political con-
word ‘constitute’ is used here advisedly: stitution of categories, as in the Ameri-
the decision to create (or destroy) such
5 Alain Desrosières, The Politics of Large Num-
4 Theodore M. Porter, The Rise of Statistical bers: A History of Statistical Reasoning, trans.
Thinking, 1830–1900 (Princeton, N.J.: Prince- Camille Naish (Cambridge, Mass.: Harvard
ton University Press, 1986), 151–170. University Press, 1998), 236–278.

8 Dædalus Winter 2008


can case, can have long-lived conse- calculation of life chances convenient- Life, chance
& life
quences for every aspect of life chances, ly ignored by most fantasy computer chances
including the so-called natural ones of games of the “Dungeons and Dragons”
morbidity and mortality. Race continues sort).
to be a relevant category in American It is worth pausing a moment to mea-
medical journals, just as caste might be sure the moral magnitude of this rela-
in India, despite recent attempts to de- tively recent conceptual change, the ad-
constitute these categories.6 If political- vent of life chances. When an individu-
ly constituted categories are woven into al or family is repeatedly beset by major
the fabric of daily life–jobs, neighbor- misfortunes, most, perhaps all, cultures
hoods, diet, schools, medical care, pol- consider this a matter requiring expla-
lution levels, even laws–they can trans- nation and justi½cation: Why must Job
mute social homogeneities into bodily suffer? Where is the justice in his ter-
ones. Whether categories are de½ned by rible trials? More pointedly, what has
race, class, caste, religion, ethnic group, he in particular done to deserve such
or sex, they are fraught with conse- torments? In a culture accustomed to
quences for health as well as happiness. thinking in terms of life chances, it is a
Once the ideas of statistical regulari- violation of probabilities that prompts
ties and homogeneous reference classes these questions. A woman whose hus-
to which they apply are ½rmly in place, band had died at age thirty-½ve from a
it is possible to conceive of biographies rare form of leukemia describes her re-
in terms of life chances and society as a action when her eight-year-old daugh-
vast lottery, even if it functions ‘imper- ter was diagnosed with the same fatal
fectly or secretly.’ Depending on the cir- disease as a “reverse lottery moment”:
cumstances in which one happens to be “When the doctors told me–using that
born–in times of peace or war, feast or phrase‚ ‘millions to one against,’ along
famine, as boy or girl, prince or pauper– with others such as, ‘No other reported
one’s life chances will rise or fall. This cases in the world,’ and, sadly, gently,
way of thinking has become habitual; ‘The outlook isn’t good’–I started
we know at a glance from the statistics screaming as if drowning out the words
how the life chances of infants with the would stop them from being real.”7
same birthday will differ, depending on Conversely, the more probable the af-
whether they are born in the Congo or fliction, according to the calculus of life
in Taiwan, on a farm or in a metropolis, chances, the less pondering about its
to literate or illiterate parents. We can meaning, although the suffering is in no
also play the game retrospectively: his- way diminished. Members of a culture
tory teachers know that the quickest schooled in thinking about life chances
way to cure students of a Miniver-Chee- certainly retain notions of just desserts–
veyesque romanticism about times of why do bad things happen to good peo-
yore is to show how overwhelmingly ple, and vice versa?–but the intensity
more probable it was that any given per- with which the question is posed is now
son taken at random in medieval Europe modulated by degrees of probability.
would have been a drudging peasant This acquired habit of thinking in
rather than a gallant knight or damsel (a terms of differential life chances does

6 Ian Hacking, “Why Race Still Matters,” Dæ- 7 Lindsay Nicholson, “It Could Be You,” The
dalus 134 (1) (Winter 2005): 102–116. Guardian, May 27, 2006.

Dædalus Winter 2008 9


Lorraine not in itself, however, imply an associat- “Droits de l’homme et du citoyen” propagat-
Daston
on ed sense of injustice concerning their ed by the French Revolution in 1789) to
life distribution: it requires a further step intrinsic human dignity (as invoked by
in reasoning and feeling not just to reg- the United Nations Declaration of Hu-
ister that life chances differ, but also to man Rights of 1948). They are probably
wax indignant over that fact. It is not shifting once again, in the context of de-
dif½cult to imagine and indeed to instan- bates over the rights of animals, forests,
tiate societies that take differential life and perhaps the entire planet.
chances for granted or that offer a ra- However motley the metaphysics of
tionale for them. An individual may be personhood, the direction of its evolu-
rewarded or punished for deeds in a pre- tion, when viewed over centuries, has
vious life, or the well-ordered cosmos been unambiguously expansive. Ever
may require a great chain of being, in more people (and perhaps other beings
which every creature knows its place, as well) have been granted the status of
high or low, in the hierarchy. In The Re- full moral persons. The broadening of
public, Plato de½nes justice as exactly suffrage rights in the political realm has
this sort of hierarchical order, in which roughly paralleled this process: ½rst
the brazen, silver, and golden classes property-owning white males, then all
each ful½lls its appointed tasks. Liber- white males, then all males, then males
al visions of meritocracy permit much and females. Arguments concerning per-
more social mobility than Plato’s ideal sonhood are admittedly more complex
society did, but also accept strati½cation and subtle than those concerning suf-
in life chances as inevitable, perhaps frage: there is more to being a moral per-
even desirable. How does inequality son than the right to vote. But both mor-
in life chances, especially initial life al and political arguments have proceed-
chances, come to be seen as a scandal? ed in tandem, along the track paved by
Key to presuppositions about equality, analogical reasoning: if x is like y in all
including equality of initial life chances, essential respects, then whatever rights
is a slow but steady process of philo- are accorded to x should in justice be
sophical generalization about the nature accorded to y. Once the analogy is ac-
of personhood: who can be a person, knowledged, inequality becomes inde-
and what does being a person imply in fensible.
terms of rights and duties? This is a fas- Of course, everything hinges on the
cinating and convoluted history that has meaning of ‘essential’ in these analogi-
proceeded by ½ts and starts, with several cal arguments. The overall tendency–
episodes of retrogression, and that is by again, a simpli½cation of a long, halting,
no means concluded. The metaphysical and meandering historical development
foundations of personhood have repeat- –has been to abstract one individuating
edly shifted, from the possession of a ra- trait after another from the de½nition of
tional soul (wielded by sixteenth-centu- essential personhood. Although some
ry theologians at the University of Sala- of these particulars may seem now to in-
manca as a mighty argument against the here in a social group rather than in an
Spanish crown’s putative right to exer- individual, they have historically been
cise dominion over the lives and prop- felt to be intrinsic to their possessors:
erty of the indigenous peoples in con- noble blood, Jewish faith, French citi-
quered New World territories) to rights zenship. This is still more the case for
guaranteed by Nature (as claimed by the characteristics commonly understood

10 Dædalus Winter 2008


to inhere in individuals: myopia, mathe- ties refer, and the ethically paramount Life, chance
matical genius, red hair, a pleasing bari- and ever more capacious reference class & life
chances
tone, six toes on one foot. None of these of personhood: these are the conceptual
traits, and millions more like them, now preconditions not only for thinking in
count as essential to personhood. Per- terms of life chances but also for using
sonhood stands opposed both to the cul- life chances as a tool to think about jus-
tural and biological dimensions along tice. It should be noted that the lottery
which individuality is currently de½ned. ensures equal chances, but not equal
On the one hand, there are the cultural lives. Indeed, to use a lottery to achieve
components of identity, which are as fairness only makes sense if the lots–in
various as the cultures that form them: this case, the kinds of lives actually led–
ethnicity, sexuality, religion, region. On are of unequal desirability. If human life
the other, there are the genetic endow- is something like a lottery, then every-
ments that are recombined with every one ought to have a fair chance, an equal
act of sexual reproduction. Personhood chance.
deliberately ignores all of them as irrele- But should human life be something
vant to the moral self (though not to al- like a lottery? Who would want to live
most any other kind of self ). in Borges’s Babylon? The discovery of
What is the essence that is left when statistical regularities has drawn some
all the individual contingencies of iden- of Fortuna’s sting: no life is certain, but
tity are subtracted? This is a matter still neither is any life entirely uncertain. The
½ercely debated: A capacity for reason? same probabilities that make the mod-
An ability to feel sympathy for other per- ern insurance industry pro½table also
sons? A central nervous system? How- dampen the wilder oscillations of life
ever, if ever, the debate is resolved (and chances, at least at the level of large ref-
if history is any guide, any resolution is erence classes. What might be called
likely to be temporary), the result will be steady life chances–ones that are highly
to insist on the strict moral equality of skewed (i.e., so large or small as to be all
all genuine persons, regardless of what but certain in practice) and display little
de½ning essence they are all thought to variation over long periods–are charac-
share. This conclusion holds for utilitar- teristic of orderly societies. Predictabili-
ian as well as for deontological ethics: ty in and of itself need not be desirable:
whether one believes that all persons are steady life chances may be grim (e.g.,
ends in themselves or that the good of seasonal storms that every year destroy
the few can under some circumstances lives and homes) as well as gladsome
be sacri½ced for the good of the many, (e.g., a high probability that all children
no one kind of person counts for more, will survive to adulthood). Nonetheless,
is a higher end than any other. Person- it is a characteristic aspiration of mod-
hood is at once the most inclusive and ern societies to increase predictability by
the least homogeneous of human refer- subjecting ever more aspects of human
ence classes, but it is also the most im- life to planning and, if possible, to con-
portant, at least as far as justice is con- trol. The chanciness of life chances is
cerned. We persons are all in this togeth- under sustained attack.
er: under these circumstances, fairness Although the ideal served by these
and justice converge. concerted attempts to eradicate contin-
Statistical regularities, homogeneous gencies has yet to be articulated with
reference classes to which the regulari- the force and clarity of Borges’s lottery

Dædalus Winter 2008 11


Lorraine or Rawls’s “original position,” its out- disasters both natural and manmade,
Daston
on lines can already be discerned. Not only war, and poverty. Because of the happy
life equality of life chances, but equally sta- fact that at least some of the world’s
ble life chances for all would be its goals. population is spared these scourges, it
In liberal polities, stability will be equat- becomes part of the program to equal-
ed with individual control; in more ize life chances to try to eliminate or at
étatist regimes, some centralized author- least reduce the risks for everyone else.
ity will hold the reins. Obviously, the de- But the zeal for control has spread be-
cision as to who does the controlling, yond woeful accidents to all accidents.
and how, will be politically and social- To exercise ‘control over one’s life’ has
ly hugely consequential. But the main become perhaps the paramount goal of
point here is the indomitable will to con- the well-off, well-educated, and well-
trol, to straiten statistical regularities in- placed minority who have already fared
to near-certainties, however this goal is better than most in life’s lottery. It is a
achieved. If ‘transparency’ has become slogan emblazoned on the covers of self-
the cardinal political virtue in modern help manuals and built into the design
democracies, ‘control’ is well on its way of international hotel chains and restau-
to becoming the chief desideratum of rants, which advertise their uniformity.
the personal realm. It is as if the ancient For those who yearn for control, to be
Aristotelian preference for activity over surprised, however innocuously, is to
passivity had joined forces with the be ambushed by life. Their ambitions
Kantian creed of autonomy over het- resemble those of the ancient Stoics
eronomy to advance the triumph of and Epicureans only in part. The an-
control over contingency: lives should cient philosophical sects sought to over-
no longer be allowed to happen; they come chance by cultivating indifference,
should be ‘proactively’ chosen and ar- ataraxia, to everything then subject to
ranged, from cradle (or before) to grave the caprices of Fortuna. In contrast, the
(or after). Just as the appearance of new modern cult of control is anything but
forms of insurance betokens a magni½ed indifferent to what Fortuna dispenses
sense of responsibility (e.g., insurance and instead seeks to stop the wheel, once
against property damage caused by one’s and for all.
children, now common in some Euro- These efforts are most in evidence in
pean countries), so new possibilities of the realm of new reproductive technolo-
control expand the sphere of delibera- gies, because remarkable advances in
tion. Yet however impressive the current biology have not only made new tech-
possibilities for control over the happen- niques of control possible, but also pre-
stances of life may be, they are dwarfed sented the process of reproduction as a
by the public appetite for still more con- game of chance for the unborn, analo-
trol over ever more accidents, from the gous to the lottery of initial life chances
trivial (the shape of one’s nose) to the for newborns. Since the discovery of the
momentous (the sex of one’s child). structure of dna and the deciphering of
There are so many accidents with genetic codes, sexual reproduction has
consequences so obviously grievous come to be understood as a bold experi-
for those who must suffer them that it ment in accelerated evolution. Instead of
is impossible not to sympathize with manufacturing progeny identical to their
efforts to control their incidence and parents by mitosis, as many microorgan-
effects. Among these are epidemics, isms do, organisms that reproduce sex-

12 Dædalus Winter 2008


ually vary the genotype with each new Beautiful? Worse, isn’t the revulsion Life, chance
conception. Each offspring is therefore sometimes evoked by genetic technolo- & life
chances
a surprise, a new (and, given the enor- gies just the reactionary reflex that op-
mous number of possible combinations poses all change, the same reflex that
of genes, probably also unique) individ- once resisted smallpox inoculation and
ual. Variations produced by the occa- birth control? There is some merit to
sional mutation are richly supplemented these arguments. But countervailing ar-
by the diversity of each successive gen- guments must be weighed as well. Even
eration; natural selection thereby has those who reject naturalism in morals
more materials to work on. In his aptly may uphold biodiversity on utilitarian
titled book The Game of Possibilities, biol- and aesthetic grounds: if the results of
ogist François Jacob described sexual elective cosmetic surgery to date are any
reproduction among humans as “one indication, human control over the ge-
of the principal motors of evolution”: notype is more likely to narrow than
“Diversity is one of the great rules of the broaden the spectrum of variety. And
biological game. In the course of genera- even those who do not believe in provi-
tions, those genes that form the patri- dence may nonetheless ½nd cause for
mony of the species unite and separate rejoicing as well as regret in the contin-
to produce those combinations, each gencies doled out by the life lottery.
time ephemeral and each time different, Many events can throw the best-laid
which are individuals.”8 Life itself is a plans into disarray: a move, an illness,
grand lottery. a love affair, a death, and, above all, the
Jacob took a dim view of cloning and birth and care of a child, that great ran-
indeed of all attempts to reduce diver- domizer of human affairs. Some contin-
sity, cultural as well as biological, be- gencies may end in sorrow, others in joy,
cause they impoverished species ‘pat- but almost all result in the discovery of
rimony.’ Less diversity brings an in- something not known and not felt be-
crease in collective risk (e.g., of being fore. To query control is to query the
wiped out by a virus to which no one reach of the human imagination and
happens to be immune) and also in foresight. Can we, will we, rival the
general monotony. But for those who ingenuity, the novelty, the surprises of
consider chance itself to be a scandal, chance? Can we simulate the power of
to formulate reproduction in terms of contingency to teach, to test, and to en-
life chances is to invite attempts at con- large experience–can any educational
trol, inevitably less inventive and vari- curriculum replace a curriculum vitae?
ous than the play of combinations and The project of equalizing and improv-
permutations would be. ing life chances is a noble one and still a
The party of control may well retort: long way from completion, as a glance at
why should natural processes dictate tables of life expectancy worldwide suf-
human choices? Isn’t anxiety about ½ces to show. But it should not be con-
cloning or designer babies simply anoth- fused, as it too often is, with the elimina-
er version of the naturalistic fallacy, set- tion of chance in life. Fairness does not
ting up Nature (writ large) as the stan- imply certainty. The moral repugnance
dard of the Good, the True, and the for contingency runs deep: chance sev-
ers the link between past and present,
8 François Jacob, Le jeu des possibles (Paris: Fay- intention and outcome, virtue and re-
ard, 1981), 127–128; my translation. ward, vice and punishment. Above all,

Dædalus Winter 2008 13


Lorraine chance seems to empty life of meaning: ones can be borne for the sake of exper-
Daston
on better to believe in an angry god than a ience and experiment? All-or-nothing
life senseless streak of bad luck. Yet chance outcomes–either everything under con-
can also act as a catalyst to the making of trol or everything left to chance–are
new meanings, both for individuals and nonstarters. The debate must assay pos-
whole cultures. New orders–philosoph- sibilities, probabilities, and desirabilities
ical, political, artistic, scienti½c–are in- with a jeweler’s balance.
vented to encompass the contingencies This would also have to be a debate
history has thrown up. Chance disrupts about the philosophy of fear, tradition-
tidy lives, unsettles habits–and taps un- ally the most unphilosophical of the
plumbed resources, both personal and passions. Accepting life chances entails
social. more than demanding a fair chance in a
There is no getting around the fact that lottery, whether Borgesian or Rawlsian.
chance always implies risk. Some con- We would also have to accept–not erad-
tingencies will be tragic, with outcomes icate–a modicum of fear. But perhaps
not even Dr. Pangloss could redeem. The fear selectively and candidly confronted
urge to control is an understandable and would take on a different aspect from
often laudable response to real danger. the panicky, inchoate fear that robs us
In its ancient version, the will to control of reason and humanity. David Hume
was turned inward on the self: to con- shrewdly observed that in situations of
quer fear meant cutting ties of yearning perfectly balanced uncertainty (½fty-
and affection for anything and anyone ½fty chances of a positive or negative
subject to the vicissitudes of chance. outcome), fear preponderates over
The modern version is turned outwards hope.9 His observation still holds true
toward the world, but it too is driven by for some of the most secure societies
fear. Strangely, the spectacular successes with the most favorable and equally dis-
of some modern societies in making tributed life chances humanity has ever
many aspects of life more secure has on- known–these are precisely the societies
ly made their citizens that much more that create and consume a dazzling ar-
fearful. For decades, experts and politi- ray of insurance policies.10 The ability to
cians have discussed the nature and level calculate risk, even to control it, has not
of acceptable risk, with all parties in tac- tipped the balance in favor of hope. On
it agreement to the assumption that an the contrary: the most secure societies
ideal society would be as risk-free as pos- seem by and large to be the most timor-
sible. If risks were to be tolerated, it was ous, the most cowed by the prospect of
only because they were either inevitable future danger, whether probable or im-
or the cost of avoiding still more dreaded probable. Will facing up to fear as the
risks, and in both cases the compromise price of chance restore hope to its at
was a matter for regret. According to the least equal rights in our expectations?
conventional wisdom of risk manage-
ment, the only good risk is no risk.
A debate has yet to be joined about 9 David Hume, A Treatise of Human Nature
how much chance, how much risk, is not [1739], ed. L. A. Selby-Bigge (London: Oxford
University Press, 1968), II.iii.9, 447.
only tolerable but necessary and desir-
able for a life of learning and discovery. 10 Lorraine Daston, Classical Probability in the
Which life chances are unbearable–lots Enlightenment (Princeton, N.J.: Princeton Uni-
no one should have to draw–and which versity Press, 1988), 182–187.

14 Dædalus Winter 2008


Anthony Kenny

The beginning of individual human life

W hen did I begin? When does any body.” Clement of Alexandria records an
individual human being begin? At what early Christian notion that the soul was
stage of its development does a human introduced by an angel into a suitably
organism become entitled to the moral puri½ed womb.
status and legal protection that we give In addition to those who thought that
to the life of a human adult? Is it at con- the individual soul existed before con-
ception, at birth, or somewhere between ception, there have been those who
the two? thought that the individual body existed
The three alternatives–at conception, before conception, in the shape of the
at birth, or between–do not in fact ex- father’s semen. Onan, in Genesis, spilled
haust the possibilities. Plato, and some his seed on the ground; Jewish tradition
Jewish and Christian admirers of Plato, saw this act not only as a form of sexual
thought that individual human persons pollution but as an offense against life.
existed as souls before the conception Thomas Aquinas, in a chapter on “the
of the bodies they would eventually in- disordered emission of semen” in the
habit. This idea found expression in the Summa contra Gentiles, treats both mas-
Book of Wisdom, where Solomon says, turbation and contraception as a crime
“I was a boy of happy disposition: I had against humanity, second only to homi-
received a good soul as my lot, or rather, cide. Such a view is natural in the con-
being good, I had entered an unde½led text of a biological belief that only the
male gamete provides the active element
Anthony Kenny, a Foreign Honorary Member of in conception, so that the sperm is an
the American Academy since 2003, is Emeritus early stage of the very same individual
Fellow of St. John’s College, Oxford. He is the au- as eventually comes to birth. Masturba-
thor of numerous publications, including “The tion is then the same kind of thing, on
Five Ways: St. Thomas Aquinas’ Proofs of God’s a minor scale, as the exposure of an in-
Existence” (1969), “The Metaphysics of Mind” fant. The high point of this line of think-
(1989), “What is Faith?” (1992), “What I Be- ing was the bull Effraenatam of Pope Six-
lieve” (2006), and the four-volume “A New His- tus V (1588), which imposed an excom-
tory of Western Philosophy” (2003–2007). munication, revocable only by the Pope
himself, on all forms of contraception
© 2008 by the American Academy of Arts as well as on abortion. But the view that
& Sciences masturbation is a poor man’s homicide

Dædalus Winter 2008 15


Anthony cannot survive the knowledge that both Some familiar texts from the Bible
Kenny
on male and female gametes contribute suggest that we should opt for concep-
life equally to the genetic constitution of the tion as the beginning of the life of the
offspring. individual person. “In sin did my moth-
At the other extreme are those who er conceive me,” sang the Psalmist.1
maintain that it is not until some time Job cursed not only the day on which
after birth that human rights arise. In he was born but also “the night that
pagan antiquity, infanticide was broad- said ‘there is a man-child conceived.’”2
ly accepted. No sharp line was drawn Since 1869 it has been the dominant po-
between infanticide and abortion, and sition among Roman Catholics, even
as a method of population control, abor- though for most of the history of the
tion was sometimes regarded as inferi- Catholic Church it was a minority view.
or to infanticide, since it did not distin- It has been much less common to re-
guish between healthy and unhealthy gard personality and human rights as
offspring. beginning only at the moment of birth.
In our own time a number of secular One important rabbinic text allows
philosophers have been prepared to de- abortion up to, but not including, the
fend infanticide of severely deformed time when a child’s head has emerged
and disabled children. They have based from the womb. Some Stoics seem to
their position on a theory of personali- have taught that the human soul enters
ty that goes back to John Locke. Only the body when a baby draws its ½rst
persons have rights, and not every hu- breath, just as it departs when a man
man being is a person: only one who, draws his last.
as Locke puts it, “has reason and reflec- Through most of Western European
tion, and considers itself as itself, the history, however, the majority opinion
same thinking thing, in different times has been that individual human life be-
and different places.” Very young infants gins at some time after conception and
clearly do not possess this degree of self- before birth. In the terminology that
awareness, and hence, it is argued, they for centuries seemed most natural, the
are not persons and do not have an invi- ‘ensoulment’ of the individual could be
olable right to life. dated at a certain period after the inter-
Defenders of infanticide are still mer- course that produced the offspring. Most
cifully few in number. It is more com- Christian thinkers believed that the hu-
mon for moralists to take the rejection man soul was directly created by God
of infanticide as a starting point for the and infused into the embryo when the
evaluation of other positions. Any argu- form of the body was completed, which
ment used to justify abortion, or in vitro was generally held to occur around forty
fertilization (ivf), or stem cell research days after conception.
must undergo the following test: would Aquinas held a particularly complicat-
the same argument justify infanticide? ed version of this consensus position. He
If so, then it must be rejected. did not believe that individual human
The central issue, then, is to record, life begins at conception; the developing
and decide among, the three alternatives human fetus, for him, does not count
with which we began: should we take in-
dividual human life as beginning at con- 1 Psalm 51:5.
ception, at birth, or at some point in be-
tween? 2 Job 3:3.

16 Dædalus Winter 2008


as a human being until it possesses a hu- destruction of semen prior to any con- The begin-
man soul, and that does not happen until ception. Even within the Roman Church, ning of
individual
some way into pregnancy. For him, the different Popes can be cited in support human life
½rst substance independent of the moth- of each option.
er is the embryo living a plant life with If we hold that individual human life
a vegetative soul. This vegetable sub- begins somewhere between conception
stance disappears and is succeeded by a and birth, then we must ask further
substance with an animal soul, capable questions. What, in the course of preg-
of nutrition and sensation. Only at an nancy, is the crucial moment? Is it the
advanced stage is the rational soul in- point of formation (when the fetus has
fused by God, turning this animal into acquired distinct organs), or is it the
a human being. Early-term abortion, point of quickening (when the move-
therefore, though immoral on other ments of the fetus are perceptible to
grounds, is not murder. the mother)? Can we identify the mo-
The whole process of development, ment by specifying a number of days
according to Aquinas, is supervised by from the beginning of pregnancy?
the father’s semen, which he believed Unfortunately, the question at issue
remains present and active throughout is often posed in the confused form:
the ½rst forty days of pregnancy. For this “When does life begin?” If this means,
biological narrative, Aquinas claimed, “At what stage of the process between
on slender grounds, the authority of conception and birth are we dealing
Aristotle. At this distance of time, it is with living matter?” the answer is ob-
dif½cult to see why Aquinas’s teaching vious: at every stage. At fertilization,
on this topic should be accorded great egg and sperm unite to form a single
respect. cell–that is, a living cell just as the egg
A survey of the history of the topic and sperm were themselves alive before
makes it abundantly clear that there their fusion. But this question is clearly
is no such thing as the Christian consen- irrelevant to determining the moral sta-
sus on the timing of the origin of the tus of the embryo: worms and rosebuds
human individual.3 There was, indeed, are equally indubitably alive, but no one
a consensus among all denominations seeks to give their lives the protection of
until well into the twentieth century the law.
that abortion was sinful and that late So perhaps we should reformulate
abortion was homicide. There was no the question: “When does human life
agreement on whether early abortion begin?” Here, too, the answer is ob-
was homicide. However, those who de- vious but inadequate: the newly formed
nied that it was homicide still regarded conceptus is a human conceptus, not
it as wrong because it was the destruc- a canine or leonine one, so in that sense
tion of a potential, if not an actual, hu- its life is a human life. But equally the
man individual. There was again no sperm and the ovum from which the
agreement on whether the wrongfulness conceptus originated were human
of early abortion carried over into the sperm and human ovum; but no one
nowadays wishes to describe them as
3 Such a survey has been carried out with great
care by David Albert Jones in his book, The Soul
human beings or unborn children. If
of the Embryo (London: Continuum, 2004), to asked, “When does life begin?” we must
which I am greatly indebted for much historical respond with another question, “When
information. does the life of what begin?”

Dædalus Winter 2008 17


Anthony Sometimes the question is framed to answer it one does not need to appeal
Kenny
on not in terms of life, but in terms of ani- to any elaborate philosophical system,
life mation or personhood. Thus it is asked: or to quasi-theological concepts such as
“When does the soul enter the body?” the soul. As is the case so often in philo-
or “When does an embryo become a hu- sophical perplexity, what is needed is
man person?” Modern discussions of not recondite information, or elaborate
the morality of abortion or of the status technicalities, but reflection on truths
of the embryo often shy away from these that are obvious, and for that reason eas-
questions, regarding them as matters of ily overlooked.
theology or metaphysics. Thus, the War- If a mother looks at her daughter, six
nock Committee, whose report on hu- months before her twenty-½rst birthday,
man fertilization and embryology paved she can say with truth: “If I had had an
the way in England for the legalization abortion twenty-one years ago today, I
of experimentation on embryos, ob- would have killed you.” Each of us, look-
served that some people thought that ing back to the dates of our birthdays,
if we could determine when an embryo can say, “If my mother had had an abor-
becomes a person, we could also decide tion six months before that date, I would
when it might, or might not, be permis- have been killed.” Truths of this kind are
sible to undertake scienti½c research on obvious, and can be formulated without
embryos. The committee did not agree: any philosophical technicality, without
any smuggled moral judgments.
Although the questions of when life or
Taking this as our starting point, it is
personhood begins appear to be questions
easier to ½nd our way through the moral
of fact, susceptible of straightforward an-
maze. Let us consider ½rst fetuses, and
swers, we hold that the answers to such
then embryos. Those who defend abor-
questions in fact are complex amalgams
tion on the grounds that fetuses are not
of factual and moral judgments. Instead
human beings, or human persons, are
of trying to answer these questions direct-
arguing, in effect, that they are not mem-
ly we have therefore gone straight to the
bers of the same moral community as
question of how it is right to treat the human
ourselves. But truths of the kind that we
embryo.
have just illustrated show that fetuses are
But a philosopher writing on these mat- identical with the adult humans who are
ters cannot evade, as a politician or a the prime examples of members of the
committee may, the question of person- moral community.
hood. It is indeed a metaphysical ques- It is true that a fetus cannot yet engage
tion when personhood begins: to answer in moral thinking or the rational judg-
it we must deploy concepts that are fun- ment of action that enables adults to
damental to our thinking over a wide interrelate morally. But neither can a
range of disciplines, such as those of ac- young child or a baby, and this tempo-
tuality and potentiality, identity and in- rary inability does not give us the right
dividuation. to take the life of a child or a baby. It is
The question about personhood is the the long-term capacity for rationality
same as the question about life, rightly that makes us accord to the child the
understood. For “When does life be- same moral protection as to the adult,
gin?” must mean “When does the life of and which should make us accord the
the individual person begin?” The ques- like respect to whatever has the same
tion is a philosophical one, but in order long-term capacity, even before birth.

18 Dædalus Winter 2008


To be sure, human actions with regard It is unarguable that at the point of fertil- The begin-
to beings that are not members of the ization something occurs which is not ning of
individual
human moral community may nonethe- present in the sperm or the unfertilized human life
less be good or bad. Those who believe ovum. What occurs is the potential for
in God do not think of Him as on moral- human life–not for life in general, but life
ly equal terms with us, and yet regard for a speci½c person. That fertilized ovum
humans as having a duty to worship carries the structure of a speci½c human
Him. Nonhuman animals are not part being–the height, the color, the color of
of our moral community, and yet it is his or her eyes, and all the other details of
wrong to be cruel to them. But the moral a speci½c person. I do not think that there
respect we owe to children, and, if I am can be any argument against that. The
right, should accord to fetuses, is some- fact that the embryo at that stage does not
thing quite different from the circum- bear a human form seems to me to beg the
spection proper in our relation with an- issue and to be quite irrelevant. It carries
imals. For the individual who is now a the potential, and, just as the child is to
fetus or a child will, if all goes well, take the adult human, so the embryo must be
his or her place with us, as the animal to the child.
never will, as an equal member of the
Sir Gerald concluded that human rights
moral community. As Kant might say,
were applicable to an embryo from the
that individual will become a fellow-leg-
moment of conception.
islator in the kingdom of ends.
It is undoubtedly true that contained
I have claimed it as an obvious truth
in the conceptus is the blueprint for “the
that a fetus six months from term is the
structure of a speci½c human being.” But
same individual as the human child and
to establish the conclusion that an em-
adult into which, in the natural course
bryo has full human rights, a different
of events, it will grow after birth. This
premise is needed, namely, that the con-
seems true in exactly the same sense as
ceptus contains the structure of an indi-
it is true that the child is the same in-
vidual human being. A speci½c human
dividual as the adult into which it will
being is not an individual human being.
grow, all being well, after adolescence.
This is an instance of a general point
But if we trace the history of the individ-
about the difference between speci½-
ual from the fetus back toward concep-
cation and individuation. The general
tion, matters cease to be similarly obvi-
point is that nothing is ever individuated
ous.
merely by a speci½cation of its proper-
Many people do not seem aware of
ties, however detailed or complete this
the dif½culty here. In 1985, the Warnock
may be–as it is in the case of the dna
Committee’s report recommended the
of an embryo. It is always at least logi-
legalization of experimentation on pre-
cally possible that there could be two or
implantation embryos; the committee’s
more individuals answering to the same
recommendation was put into effect by
speci½cation; any blueprint may be used
the Human Embryology and Fertiliza-
more than once. Two peas in a pod may
tion Act of 1990. In a parliamentary de-
be as alike as you please: what makes
bate triggered by the report, one Mem-
them two individuals rather than one is
ber of Parliament, Sir Gerald Vaughan,
that they are two parcels of matter, not
had this to say in opposition to experi-
necessarily that they differ in descrip-
mentation on embryos:
tion.

Dædalus Winter 2008 19


Anthony In the case of human beings, the pos- Naturally, all development, if it is to
Kenny
on sibility of two individuals answering to proceed, depends on factors in the envi-
life the same speci½cation is not just a logi- ronment: an adult may die if diseased
cal possibility: it is realized in the case and a child may die if not nourished, just
of identical twins. For this reason, an as an ovum will die if not fertilized and
embryo in the early days after fertiliza- an embryo will die if not implanted. But
tion cannot be regarded as an individual though children and adults may die, they
human being. The single cell after fusion cannot become part of something else or
is totipotent, in the sense that from it turn into someone else. Fetus, child, and
develop all the different tissues and or- adult have a continuous individual devel-
gans of the human body, as well as the opment that gamete and embryo do not
tissues that become the placenta. In its have.
early days a single embryo may turn into The moral status of the embryo, and
something that is not a human being at the question of whether its destruction
all, or something that is one human be- is homicide, was and is important. If it
ing, or something that is two people or is not homicide, then the rights and in-
more. terests of human beings may legitimate-
It is important to be on guard here ly override the protection that in normal
against an ambiguity in the word ‘iden- circumstances should be extended to the
tical’: there is a difference between spe- early embryo. The preservation of the
ci½c identity and individual identity. life of the mother, the fertilization of
Two things may be identical in the sense otherwise barren couples, and the fur-
that they answer to the same speci½ca- thering of medical research may all, it
tion, and yet not be identical in the sense may be argued, provide reasons to over-
that they are two separate things, not a ride the embryo’s protected status.
single thing. When we say that Peter and
Paul are identical twins, we mean that
they are alike in every speci½c respect,
The line of argument I have outlined
was found convincing in the United
not that they are a single individual. Kingdom, not only by the Warnock
Between an embryo and an adult, Committee but also by the later Harries
there is not an uninterrupted history of Committee.4 These committees made
a single individual life, as there is linking a signi½cant contribution to the debate
fetal life with the present life of an adult. by offering a terminus ante quem for the
There is indeed an uninterrupted histo- origin of individual human life–one
ry of development from conception to that was much earlier in pregnancy than
adult, as there is equally an uninterrupt- the forty days set by the pre-Reforma-
ed history of development back from the tion Christian consensus. Experimenta-
adult to the origination of each of the tion on embryos, they thought, should
gametes that fused at conception. But be impermissible after the fourteenth
this is not the uninterrupted history of day. The Warnock Committee’s reasons
an individual. For each of the gametes were well summarized in the House
might, in different circumstances, have of Commons by the then–Secretary of
fused to form a single conceptus; and
the conceptus might, in different cir-
4 Report of the Committee of Inquiry into Human
cumstances, have turned into more or Fertilization and Embryology (London: hmso,
less than the single individual that it did 1984); Report of the House of Lords Select Commit-
in fact turn into. tee on Stem Cell Research (London: hmso, 2002).

20 Dædalus Winter 2008


State for Health, the Rt. Hon. Kenneth that gamete and zygote do not have. The begin-
Clarke: To count embryos is not the same as to ning of
individual
count human beings, and in the case human life
A cell that will become a human being–
of twinning there will be two different
an embryo or conceptus–will do so with-
human individuals, each of whom will
in fourteen days. If it is not implanted
be able to trace their life story back to
within fourteen days it will never have a
the same embryo, but neither of whom
birth . . . . The basis for the fourteen day
will be the same individual as that em-
limit was that it related to the stage of
bryo.
implantation which I have just described,
Those who argue for conception as the
and to the stage at which it is still uncer-
moment of origin stress that before fer-
tain whether an embryo will divide into
tilization we have two entities (two dif-
one or more individuals, and thus up to
ferent gametes), and after it we have a
the stage before true individual develop-
single one (one zygote). But the moment
ment has begun. Up to fourteen days that
at which one entity (a single embryo)
embryo could become one person, two
splits into two entities (two identical
people, or even more.5
twins) is equally a de½ning moment.
Those Catholics who insist that individ- While in the vast majority of cases twin-
ual human life begins at conception re- ning does not actually take place, the
ject this ethical reasoning. An embryo, strongest element in the Catholic posi-
from the ½rst moment of its existence, tion is the emphasis it places on the ethi-
has the potential to become a rational cal importance of potentiality. It is the
human being, and therefore should be potentiality of twinning, not its actuali-
allotted full human rights. To be sure, an ty, that gives reason for doubting that
embryo cannot think or reason or exhib- an early embryo is an individual human
it any of the other activities that de½ne being.
rationality: but neither can a newborn In my view, the balance of the argu-
baby. The protection that we afford to ments leads us to place the individuation
infants shows that we accept that poten- of the human being somewhere around
tiality, rather than actuality, determines the fourteenth day of pregnancy. But
the conferment of human rights. there are two sides to the reasoning that
Undoubtedly, whatever Aquinas may leads to that conclusion. If the course of
have thought, there is an uninterrupted the embryo’s development gives us good
history of development linking concep- reason to believe that before the four-
tion with the eventual life of the adult. teenth day it is not an individual human
However, the line of development from being, it gives us equally good reason
conception to fetal life is not the unin- to believe that after that time it is an in-
terrupted history of an individual. In its dividual human being. If so, then late
early days, as Kenneth Clarke indicated, abortion is indeed homicide–and abor-
a single zygote may turn into something tion becomes ‘late’ at an earlier date
that is not a human being at all, or some- than was ever dreamt of by Aquinas.
thing that is one human being, or some- Since most abortion in practice takes
thing that is two people or more. Fetus, place well after the stage at which the
child, and adult, on the other hand, have embryo has become an individual hu-
a continuous individual development man being, it may seem that the philo-
sophical and theological argument about
5 Hansard, vol. 73, col. 686. the moment of ensoulment has little

Dædalus Winter 2008 21


Anthony practical moral relevance. That is not so.
Kenny
on If the life of an individual human being
life begins at conception, then all practices
that involve the deliberate destruction
of embryos, at whatever stage, deserve
condemnation. That is why there has
been of½cial Catholic opposition to var-
ious forms of ivf and to scienti½c re-
search involving stem cells. But if the
embryo, in its earliest days, is not yet an
individual human being, then it need not
necessarily be immoral to sacri½ce it to
the greater good of actual human beings
who wish to conceive a child or reap the
bene½ts of medical research.

22 Dædalus Winter 2008


Robert P. George

Embryo ethics

I f we were to contemplate killing men- research or therapy if they could be ob-


tally handicapped infants to obtain tained from non-embryonic sources, or
transplantable organs, no one would if they could be acquired by using em-
characterize the controversy that would bryos lost in miscarriages.1 The point of
erupt as a debate about organ transplan-
tation. The dispute would be about the 1 It appears that we will soon be able to ob-
ethics of killing handicapped children tain embryonic stem cells, or their equivalent,
to harvest their vital organs. We could by means that do not require the destruction
not resolve the issue by considering how of human embryos. Important successes in
producing pluripotent stem cell lines by repro-
many gravely ill people we could save by gramming (or ‘de-differentiating’) human so-
extracting a heart, two kidneys, a liver, matic cells have been reported in highly publi-
etc., from each mentally handicapped cized papers by James A. Thomson’s research
child. Instead, we would have to answer group, “Induced Pluripotent Stem Cell Lines
this question: is it right to relegate a cer- Derived from Human Somatic Cells,” Sciencex-
press, www.sciencexpress.org/22 November
tain class of human beings–the handi- 2007/ 10.1126science.1151526, and Shinya Ya-
capped–to the status of objects that can manaka’ s research group, “Induction of Pluri-
be killed and dissected to bene½t others? potent Stem Cells from Adult Fibroblasts by
By the same token, strictly speaking De½ned Factors,” Cell (published online, No-
ours is not a debate about stem cell re- vember 20, 2007). Citing these successes, Ian
Wilmut of Edinburgh University, who is credit-
search. No one would object to the use
ed with producing Dolly the sheep by cloning,
of pluripotent stem cells in biomedical has decided not to pursue a license granted by
British authorities to attempt to produce cloned
human embryos for use in biomedical research.
Robert P. George is McCormick Professor of Ju-
According to Wilmut, embryo-destructive
risprudence and director of the James Madison means of producing the desired stem cells will
Program in American Ideals and Institutions at be unnecessary: “The odds are that by the time
Princeton University. He is coauthor of “Body- we make nuclear transfer [cloning] work in hu-
Self Dualism in Contemporary Ethics and Poli- mans, direct reprogramming will work too. I
am anticipating that before too long we will be
tics” (2008) and “Embryo: The Case for Human
able to use the Yamanaka approach to achieve
Life” (2008). He is a member of the President’s the same, without making human embryos.”
Council on Bioethics and formerly served on the Wilmut is quoted in Roger High½eld, “Dolly
United States Commission on Civil Rights. Creator Ian Wilmut Shuns Cloning,” Telegraph.
co.uk, November 16, 2007. For a survey of possi-
© 2008 by the American Academy of Arts ble non-embryo-destructive methods of obtain-
& Sciences

Dædalus Winter 2008 23


Robert P. controversy is the ethics of deliberately We should resolve our national debate
George
on destroying human embryos to produce over embryo-destructive research on the
life stem cells. The threshold question is basis of the best scienti½c evidence as to
whether it is right to kill members of a when the life of a new human being be-
certain class of humans–those in the gins, and the most careful philosophical
embryonic stage of development–to reasoning as to what is owed to a human
bene½t others. being at any stage of development. Re-
Supporters of embryo-destructive re- ligious conviction can motivate us to
search insist, however, that human em- stand up and speak out in defense of hu-
bryos are not human beings–or if they man life and dignity. And religious peo-
are human beings, that they are not yet ple should never hesitate to do that. But
‘persons.’ It is therefore morally accept- we need not rely on religious authority
able, they say, to ‘disaggregate’ them to tell us whether a human embryo is a
for the sake of research aimed at ½nding new living member of the species Homo
cures or treatments for juvenile diabetes sapiens or whether all human beings–
and other horrible afflictions. irrespective of not only race, ethnicity,
At the heart of the debate over em- and sex but also age, size, stage of devel-
bryo-destructive research, then, are two opment, and condition of dependency–
questions: is a human embryo a human possess full moral worth and dignity.
being, and, if so, what is owed to an em- The application of philosophical princi-
bryonic human as a matter of justice?

I will say nothing about religion or the- Church does not try to draw scienti½c infer-
ences about the humanity or distinctness of
ology. This is not a tactical decision; the human embryo from theological proposi-
rather, it reflects my view about how to tions about ensoulment. It works the other
think about the dispute over killing hu- way around. The theological conclusion that
man embryos. It is sometimes said that an embryo is ‘ensouled’ would have to be
opposition to embryo-destructive re- drawn on the basis of (among other things)
scienti½c ½ndings about the self-integration,
search is based on a controversial theol- distinctness, unity, determinateness, etc., of
ogy of ‘ensoulment.’ But one need not the developing embryo. Contrary to another
engage questions of whether human be- misunderstanding, the Catholic Church has
ings have spiritual souls in considering not declared a teaching on the ensoulment of
whether human embryos are human be- the early embryo. Still, the Church af½rms the
rational necessity of recognizing and respect-
ings. Nor must one appeal to any theolo-
ing the dignity of the human being at all de-
gy of ensoulment to show that there is a velopmental stages, including the embryonic
rational basis for treating all human be- stage, and in all conditions. For a clear state-
ings–including those at the embryonic ment of Catholic teaching and its ground, see
stage–as creatures possessing intrinsic the document Donum Vitae, issued by the Con-
worth and dignity.2 gregation for the Doctrine of the Faith on Feb-
ruary 22, 1987, http://www.vatican.va/roman
_curia/congregations/cfaith/documents/rc_
con_cfaith_doc_19870222_respect-for-human-
ing pluripotent stem cells, see The President’s life_en.html: “[T]he conclusions of science
Council on Bioethics, “White Paper: Alterna- regarding the human embryo provide a valu-
tive Sources of Pluripotent Stem Cells,” May able indication for discerning by the use of
2005, available at www.bioethics.gov. reason a personal presence at the moment
of this ½rst appearance of a human life: how
2 It is worth pointing out that contrary to could a human individual not be a human per-
a common misunderstanding, the Catholic son?” (Section 5, I, 1, para. 3)

24 Dædalus Winter 2008


ples in light of facts established by mod- development.5 Unless severely damaged Embryo
ethics
ern embryological science is more than or deprived of a suitable environment,
suf½cient for that task.3 an embryonic human being will, by di-
recting his or her own integral organic
T he adult human being that is now functioning, develop himself or herself
to each new stage of developmental ma-
you or me is the same being who, at an
earlier stage, was an adolescent and, be- turity along the gapless continuum of a
fore that, a child, an infant, a fetus, and human life. The embryonic, fetal, infant,
an embryo.4 Even in the embryonic child, and adolescent stages are just that:
stage, you and I were undeniably whole stages in the development of a determi-
living members of the species Homo sa- nate and enduring entity–a human be-
piens. We were then, as we are now, dis- ing–who comes into existence as a sin-
tinct and complete–though, in the be- gle-celled organism (zygote) and grows,
ginning, developmentally immature– if all goes well, into adulthood many
human organisms. We were not mere years later.6
parts of other organisms.
A human embryo is not something dif-
ferent in kind from a human being, like 5 Keith Moore and T. V. N. Persaud, in The De-
a rock, or a potato, or a rhinoceros. A veloping Human: Clinically Oriented Embryology,
human embryo is a human individual perhaps the most widely used embryology text,
in the earliest stage of his or her natural make the following unambiguous statement
about the beginning of a new and distinct hu-
man individual: “Human development begins
3 My point here is not to make light of, much at fertilization when a male gamete or sperm
less to denigrate, the important witness of (spermatozoon) unites with a female gamete or
many religious traditions to the profound, in- oocyte (ovum) to form a single cell–a zygote.
herent, and equal dignity of all members of the This highly specialized, totipotent cell marked
human family. Religious conviction can, and the beginning of each of us as a unique individual.”
many traditions do, reinforce ethical proposi- Keith Moore and T. V. N. Persaud, The Develop-
tions that can be rationally af½rmed even apart ing Human: Clinically Oriented Embryology (Phil-
from religious authority. adelphia: Saunders/Elsevier, 2008), 15 (empha-
sis added).
4 Thus, “recollecting (at her birth) his appre-
ciation of Louise Brown [the ½rst ivf baby] as 6 A human embryo (like a human being in the
one or two cells in his petri dish, [Robert] Ed- fetal, infant, child, or adolescent stage) is not a
wards [said]: ‘She was beautiful then and she ‘prehuman’ organism with the mere potential
is beautiful now.’” John Finnis, “Some Funda- to become a human being. No human embryol-
mental Evils in Generating Human Embryos by ogy textbook known to me presents, accepts,
Cloning,” in Cosimo Marco Mazzoni, ed., Eti- or remotely contemplates such a view. Instead,
ca della Ricerca Biologia (Florence: Leo Olschki, leading embryology textbooks assert that a hu-
2000), 116. Edwards and his coauthor, Patrick man embryo is–already and not merely poten-
Steptoe, accurately described the embryo as “a tially–a new individual member of the species
microscopic human being–one in its very ear- Homo sapiens. His or her potential, assuming a
liest stages of development.” Robert Edwards suf½cient measure of good health and a suitable
and Patrick Steptoe, A Matter of Life (London: environment, is to develop by an internally di-
Hutchinson’s, 1981), 83. The human being in rected process of growth through the further
the embryonic stage of development is “passing stages of maturity on the continuum that is his
through a critical period in its life of great ex- or her life. Nor is there any such thing as a ‘pre-
ploration: it becomes magni½cently organised, embryo.’ That concept was invented, as Lee
switching on its own biochemistry, increasing Silver pointed out in his book Remaking Eden
in size, and preparing itself quickly for implan- (New York: Avon Books, 1997), 39, for political,
tation in the womb.” Ibid., 97. and not scienti½c, reasons.

Dædalus Winter 2008 25


Robert P. By contrast, the gametes whose union within it.8 Nor does it merely possess
George
on brings into existence the embryo are organizational information for matura-
life not whole or distinct organisms. Each tion; it actively uses that information in
is functionally (and genetically) identi½- an internally directed process of devel-
able as part of the male or female (poten- opment. The human embryo, then, is a
tial) parent. Moreover, each gamete has whole and distinct human organism–
only half the genetic material needed to an embryonic human being.
guide the development of an immature If the embryo is not a complete organ-
human being toward full maturity. They ism, what can it be? Unlike the sperma-
are destined either to combine with an tozoa and the oocytes, it is not merely a
oocyte or spermatozoon and generate a part of a larger organism, namely, the
new and distinct organism, or simply to mother or the father. Nor is it a disor-
die. When fertilization occurs, they do dered growth or gamete tumor, such as
not survive; rather, their genetic materi- a complete hydatidiform mole or ter-
al enters into the composition of a new atoma.
organism. Someone might say that the early em-
But none of this is true of the human bryo is an intermediate form, something
embryo, from the zygote and blastula which regularly emerges into a whole
stages onward. The combining of the human organism but is not one yet. But
chromosomes of the spermatozoon and what could cause the emergence of the
of the oocyte generates what human whole human organism, and cause it
embryology identi½es as a new, distinct, with regularity? As I have already ob-
and enduring organism. Whether pro- served, from the zygote stage forward
duced by fertilization, Somatic Cell Nu- the development of this organism is di-
clear Transfer (scnt), or some other rected from within, or by the organism it-
cloning technique, the human embryo self. So, after the embryo comes into be-
possesses all of the genetic material and ing, no event or series of events occur
other qualities needed to inform and that we could construe as the production
organize its growth.7 The direction of its of a new organism–that is, nothing ex-
growth is not extrinsically determined, trinsic to the developing organism itself
but is in accord with the information acts on it to produce a new character or
a new direction in development.9
7 A cloned human embryo is not a subhuman
organism. Cloning produces a human embryo
A supporter of embryo-destructive
by combining what is normally fused and ac- research might concede that a human
tivated in fertilization, that is, a properly epi-
genetically disposed human genome and the 8 The ½rst one or two divisions, in the ½rst
oocyte cytoplasm. Cloning, like fertilization, thirty-six hours, occur largely under the direc-
generates a new and complete, though imma- tion of the messenger rna acquired from the
ture, human organism. Cloned embryos there- oocyte. Still, the embryo’s genes are expressed
fore ought to be treated as having the same as early as the two-celled stage and are required
moral status, whatever that might be, as other for subsequent development to occur normally.
human embryos. I respond to the arguments of See Ronan O’Rahilly and Fabiola Mueller, Hu-
my colleague on the President’s Council on Bio- man Embryology and Teratology (New York: John
ethics, Paul McHugh, who claims that cloned Wiley & Sons, 2000), 38.
embryos are not human beings but “clonotes,”
in the latter half of Robert P. George and Pat- 9 For a fuller explanation, see Patrick Lee and
rick Lee, “Acorns and Embryos,” New Atlantis 7 Robert P. George, “The First Fourteen Days of
(2005): 90–100. Human Life,” New Atlantis 13 (2006).

26 Dædalus Winter 2008


embryo is a human being in a biologi- not yet developed themselves to the Embryo
ethics
cal sense, yet deny that we owe human stage at which they can perform intel-
beings in the early stages of their devel- lectual operations, it is clear that they
opment full moral respect, such that we are rational animal organisms.10 That is
may not kill them to bene½t more fully the kind of entity they are.
developed human beings who are suffer- Here, it is important to distinguish
ing from afflictions. two senses of the ‘capacity’ for mental
But to say that embryonic human be- functions: an immediately exercisable
ings do not deserve full respect, one capacity, and a basic natural capacity,
must suppose that not every human be- which develops over time. We have
ing deserves full respect. And to do that, good reason to believe that the second
one must hold that those human beings sense, and not the ½rst, provides the ba-
who warrant full respect deserve it not sis for regarding human beings as ends
by virtue of the kind of entity they are, but, in themselves, and not as means only–
rather, because of some acquired charac- as subjects possessing dignity and hu-
teristic that some human beings (or hu- man rights, and not as mere objects.
man beings at some stages) have and First, the developing human being
others do not, and which some human does not reach a level of maturity at
beings have in greater degree than oth- which he or she performs a type of men-
ers do. tal act that other animals do not perform
This position is untenable. One need –even animals such as dogs and cats–
not be actually or immediately conscious, until at least several months after birth.
reasoning, deliberating, making choices, A six-week-old baby lacks the immediate-
etc., in order to be a human being who ly exercisable capacity to form abstract
deserves full moral respect, for plainly concepts, engage in deliberation, and
we should accord people who are asleep perform many other characteristically
or in reversible comas such respect. But
if one denied that human beings are valu- 10 For an entity to have a rational nature is for
able by virtue of what they are, and re- it to be a certain type of substance; having a ra-
tional nature, unlike, say, being tall, or Croatian,
quired an additional attribute, it would or gifted in mathematics, is not an accidental
have to be a capacity of some sort, and, attribute. Each individual of the human species
obviously, a capacity for certain mental has a rational nature, even if disease or defect
functions. blocks its full development and expression in
Of course, human beings in the em- some individuals. If the disease or defect could
somehow be corrected, it would perfect the in-
bryonic, fetal, and early infant stages dividual as the kind of substance he is; it would
lack immediately exercisable capacities not transform him into an entity of a different
for mental functions characteristically nature. Having a rational nature is, in Jeff Mc-
carried out by most human beings at Mahan’s terms, a “status-conferring intrinsic
later stages of maturity. Still, they pos- property.” So my argument is not that every
member of the human species should be ac-
sess these very capacities in principe vel
corded full moral respect based on the fact that
radice, that is, in radical or ‘root’ form. the more mature members have a status-con-
Precisely by virtue of the kind of entity ferring intrinsic property, as McMahan inter-
they are, they are from the beginning prets the “nature-of-the-kind argument.” See
actively developing themselves to the his “Our Fellow Creatures,” The Journal of Eth-
stages at which these capacities will (if ics 9 (2005): 355 ff. Rather, my proposition is
that having a rational nature is the basis for full
all goes well) be immediately exercis- moral worth, and every human individual pos-
able. Although, like infants, they have sesses that status-conferring feature.

Dædalus Winter 2008 27


Robert P. human mental functions. If we owed full for treating entities in radically different
George
on moral respect only to those who possess ways.13
life immediately exercisable capacities for Third, the acquired qualities proposed
characteristically human mental func- as criteria for personhood, such as self-
tions, it would follow that six-week-old consciousness or rationality, come in
infants do not deserve full moral re- an in½nite number of degrees. If human
spect.11 Therefore, if we may legitimate- beings are worthy of full moral respect
ly destroy human embryos to advance only because of such qualities, and those
biomedical science, then logically, sub- qualities come in varying degrees, hu-
ject to parental approval, the body parts mans should possess rights in varying
of human infants should also be fair degrees. The proposition that all human
game for scienti½c experimentation.12 beings are created equal would be rele-
Second, the difference between these gated to the status of a myth: since some
two types of capacity is merely a differ- people are more rational than others
ence between stages along a continuum. (that is, have developed that capacity to
The immediately exercisable capacity a greater extent than others have), some
for mental functions is only the develop- people would be greater in dignity than
ment of an underlying potentiality that others, and the rights of the superiors
the human being possesses simply by would trump those of the inferiors.14
virtue of the kind of entity it is. The ca- So it cannot be the case that some hu-
pacities for reasoning, deliberating, and man beings and not others are intrinsi-
making choices are gradually brought cally valuable by virtue of a certain de-
toward maturation, through gestation,
childhood, adolescence, and so on. But 13 Michael Gazzaniga has suggested that the
the difference between a being that de- embryo is to the human being what Home De-
serves full moral respect and a being that pot is to a house, i.e., a collection of uninte-
does not (and can therefore legitimately grated components. According to Gazzaniga,
be killed to bene½t others) cannot con- “it is a truism that the blastocyst has the po-
tential to be a human being. Yet at that stage
sist only in the fact that while both have
of development it is simply a clump of cells . . . .
some feature, one has more of it than An analogy might be what one sees when walk-
the other. A mere quantitative difference ing into a Home Depot. There are the parts
cannot by itself provide a justi½cation and potential for at least 30 homes. But if there
is a ½re at Home Depot, the headline isn’t 30
homes burn down. It’s Home Depot burns
11 Clear-headed and unsentimental believers down.” Quoted as “Metaphor of the Week”
that full moral respect is due only to those in Science 295 (5560) (March 1, 2002): 1637.
human beings who possess immediately exer- Gazzaniga gives away the game, however, in
cisable capacities for characteristically human conceding, as he must, that the term ‘blasto-
mental functions do not hesitate to say that cyst’ refers to a stage of development in the life
young infants do not deserve full moral respect. of a determinate, enduring, integrated, and, in-
See, for example, Peter Singer, “Killing Babies deed, self-integrating entity. If we must draw
is Not Always Wrong,” The Spectator 16 (Sep- an analogy to a Home Depot, then it is the
tember 1995): 20–22. gametes (or the materials used in cloning to
generate an embryo), and not the embryo, that
12 Not long ago, Peter Singer was asked wheth- constitute the “parts and potential.”
er there would be anything wrong with a socie-
ty that bred children for spare parts on a mas- 14 This conclusion would follow regardless
sive scale. “No,” was his reply. See “Blue State of the acquired quality we chose as qualifying
Philosopher,” World Magazine, November 27, some human beings (or human beings at some
2004. developmental stages) for full respect.

28 Dædalus Winter 2008


gree of development. Rather, all human man body possesses the entire dna Embryo
ethics
beings are intrinsically valuable (in the code; each has become specialized (as
way that enables us to ascribe to them muscle, skin, etc.) because most of that
equality and basic rights) because of the code has been turned off. In cloning,
kind of being they are. those previously deactivated portions of
Since human beings are intrinsically the code are reactivated. So, Bailey says,
valuable and deserve full moral respect quoting Australian bioethicist Julian
by virtue of what they are, it follows that Savulescu, “if all our cells could be per-
they are intrinsically and equally valu- sons, then we cannot appeal to the fact
able from the point at which they come into that an embryo could be a person to jus-
being. Even in the embryonic stage of our tify the special treatment we give it.”
lives, each of us was a human being and, Since plainly we are not prepared to re-
as such, worthy of concern and protec- gard all of our cells as human beings, we
tion. Embryonic human beings, whether should not regard embryos as human be-
brought into existence by union of gam- ings.
etes, scnt, or other cloning technolo- Bailey’s analogy between somatic cells
gies, should be accorded the respect giv- and human embryos collapses, however,
en to human beings in other develop- under scrutiny. The somatic cell is some-
mental stages.15 thing from which (together with extrin-
sic causes) a new organism can be gener-
I wish to turn now to some arguments ated by the process of somatic cell nucle-
ar transfer, or cloning; it is certainly not,
that advocates of embryo-destructive
research have advanced to cast doubt however, a distinct organism. A human
on the proposition that human embryos embryo, by contrast, already is a dis-
deserve to be accorded full moral status. tinct, self-developing, complete human
In defending research involving the organism.
destruction of human embryos, Ronald Bailey suggests that the somatic cell
Bailey, a science writer for Reason maga- and the embryo are on the same level be-
zine, developed an analogy between em- cause both have the ‘potential’ to devel-
bryos and somatic cells in light of the op to a mature human being. The kind
possibility of human cloning.16 Bailey of ‘potentiality’ possessed by somatic
claims that every cell in the human body cells that might be used in cloning dif-
has as much potential for development fers profoundly, however, from the po-
as any human embryo. Embryos there- tentiality of the embryo. A somatic cell
fore have no greater dignity or higher has a potential only in the sense that
moral status than ordinary somatic cells. something can be done to it (or done
Bailey observes that each cell in the hu- with it) so that its constituents (its dna
molecules) enter into a distinct whole
15 For a more complete presentation of this ar-
human organism, which is a human be-
gument, see Patrick Lee and Robert P. George, ing, a person. In the case of the embryo,
“The Wrong of Abortion,” in Andrew I. Cohen by contrast, he or she already is actively
and Christopher Wellman, eds., Contemporary –indeed dynamically–developing him-
Debates in Applied Ethics (New York: Blackwell self or herself to the further stages of
Publishers, 2005), 13–26.
maturity of the distinct organism–the
16 Ronald Bailey, “Are Stem Cells Babies?” human being–he or she already is.
available at http://www.reason.com/rb/ True, the whole genetic code is present
rb071101.html. in each somatic cell; and this code can

Dædalus Winter 2008 29


Robert P.
George
guide the growth of a new entire organ- Michael Gazzaniga, a psychologist
on ism. But this point does nothing to show and neuroscientist at the University of
life that a somatic cell’s potentiality is the California, Santa Barbara, has proposed
same as a human embryo’s. When sci- a different argument. While agreeing
entists remove the nucleus of an ovum, that a human embryo is an entity pos-
insert the nucleus of a somatic cell into sessing a human genome, he has sug-
the remainder of the ovum, and give it gested that a ‘person’ comes into being
an electric stimulus, they are doing more only with the development of a brain.
than merely placing the somatic cell in Prior to that point we have a human
an environment hospitable to its contin- organism, but one lacking the dignity
uing maturation and development. They and rights of a person.18 We may there-
are generating a wholly distinct, self- fore legitimately treat human beings in
integrating, entirely new organism–an the earliest stages of development as we
embryo, in other words. The entity–the would treat organs available for trans-
embryo–brought into being by this pro- plantation (assuming, as with trans-
cess is radically different from the con- plantable organs, that proper consent
stituents that entered into its generation. for their use is given, etc.).
Somatic cells, in the context of clon- In presenting his case, Gazzaniga ob-
ing, then, are analogous not to embryos, serves that modern medicine treats the
but to the gametes whose union results death of the brain as the death of the
in the generation of an embryo in the person–authorizing the harvesting of
case of ordinary sexual reproduction. organs from the remains of the person,
You and I were never either a sperm cell even if some physical systems are still
or an ovum. Nor would a person who functioning. If a human being is no lon-
was brought into being by cloning have ger a person with rights once the brain
once been a somatic cell. To destroy an has died, then surely a human being is
ovum or a skin cell whose constituents not yet a person prior to the develop-
might have been used to generate a new ment of the brain.
and distinct human organism is not to This argument suffers, however, from
destroy a new and distinct human organ- a damning defect. Under prevailing law
ism–for no such organism exists or ever and medical practice, the rationale for
existed. But to destroy a human embryo brain death is not that a brain-dead body
is precisely to destroy a new, distinct,
and complete human organism–an em-
iywvlN2IyMzFjowywmdzmmtc4MzU2mgu
bryonic human being.17 =; 2) (Silver’s response) http://article.nation-
alreview.com/?q=Mjg2Y2Rkndm1Mzlkmgm
yMjI3NjhkYmE0ztrjotgyzde=; 3) (Our re-
17 Lee and I replied to Bailey in a series of ex- sponse) http://article.nationalreview.com/
changes on National Review Online here: 1) (Our ?q=MjNmZmYyN2NhNjFkywrhNmExmda2
critique) http://www.nationalreview.com/ Yzhimdy5YzMyyti=; 4) (Silver’s second re-
comment/comment-george072001.shtml; 2) sponse, followed by our second response)
(Bailey’s response) http://www.nationalreview http://article.nationalreview.com/?q=zdk5z
.com/comment/comment-bailey072501.shtml; te4MjBimdfmZjc0M2EyNjE0mdc2ZjA4YmRm
3) (Our response) http://www.nationalreview N2U=.
.com/comment/comment-george073001.shtml.
We have responded to similar arguments re- 18 President’s Council on Bioethics, Session 5
cently advanced by Lee Silver in his book Chal- meeting, January 18, 2002, transcript available
lenging Nature here: 1) (Our critique) http:// at http://bioethics.gov/transcripts/jan02/
article.nationalreview.com/?q=otniywm2ZjJ jan18session5.html.

30 Dædalus Winter 2008


is a living human organism but no lon- children do. Just like human beings in Embryo
ethics
ger a person. Rather, brain death is ac- the fetal, infant, child, and adolescent
cepted because the irreversible collapse stages, human beings in the embryonic
of the brain is believed to destroy the ca- stage are already, and not merely poten-
pacity for self-directed integral organic tially, human beings.20
functioning in human beings who have
matured to the stage at which the brain I
n an essay in the New England Journal of
performs a key role in integrating the or- Medicine, Harvard political theorist Mi-
ganism. In other words, at brain death chael Sandel claimed that human em-
a unitary organism is believed no longer bryos are different in kind from human
to exist.19 By contrast, although an em- beings at later developmental stages.
bryo has not yet developed a brain, it is This argument truly takes us to the heart
clearly exercising self-directed integral of the matter: is a human embryo a hu-
organic functioning, and so it is a unitary man being? At its core is this analogy:
organism. Its capacity to develop a brain
Although every oak tree was once an
is inherent and progressing, just as the
acorn, it does not follow that acorns are
capacity of an infant to develop its brain
oak trees, or that I should treat the loss of
suf½ciently for it actually to think is also
an acorn eaten by a squirrel in my front
intrinsic and unfolding.
yard as the same kind of loss as the death
Unlike a corpse–the remains of what
of an oak tree felled by a storm. Despite
was once a human organism but is now
their developmental continuity, acorns
dead, even if particular systems may be
and oak trees are different kinds of things.
arti½cially sustained–a human organ-
ism in the embryonic stage of develop- He maintains that just as acorns are not
ment is a complete, uni½ed, self-inte- oak trees, embryos are not human be-
grating human individual. It is not dead ings.
but very much alive, even though its Sandel’s argument begins to go awry
self-integration and organic functioning with his choice of analogates. The acorn
are not brain-directed at this stage. Its is analogous to the embryo, and the oak
future lies ahead of it, unless it is cut off tree (he says) is analogous to the human
or not permitted to develop its inherent being. But in view of the developmental
capacities. Therefore, defenders of em- continuity that science fully establishes
bryonic human life insist that the em- and Sandel concedes, the proper analo-
bryo is not a ‘potential life,’ but is rath- gate of the oak tree is the mature human
er a life with potential. It is a potential being, viz., the adult. Sandel’s analogy
adult, in the same way that fetuses, in- has its apparent force because we feel a
fants, children, and adolescents are po- sense of loss when a mature oak is felled
tential adults. It has the potential for –assuming it is a magni½cent or beau-
agency, just as fetuses, infants, and small tiful oak. But while it is true that we do
not feel the same sense of loss at the de-
19 Recent research has raised questions about
whether ‘brain death’ is always equated with
the irreversible loss of integral organic func- 20 Lee and I have replied to other arguments
tioning. See D. Alan Shewmon, “The Brain and that identify the human ‘person’ as the brain
Somatic Integration: Insights into the Standard or brain activity, and the human ‘being’ as the
Biological Rationale for Equating ‘Brain Death’ bodily animal, in Robert P. George and Patrick
with Death,” The Journal of Medicine and Philoso- Lee, “Dualistic Delusions,” First Things 150
phy 26 (2001): 457–478. (2005).

Dædalus Winter 2008 31


Robert P. struction of an acorn, it is also true that bers of the oak species–as we value hu-
George
on we do not feel the same sense of loss man beings–because of the kind of en-
life at the destruction of an oak sapling. But tity they are. If we did value oaks in this
clearly the oak tree does not differ in way, then we would have no less reason
kind from the oak sapling. to regret the destruction of saplings, and
This example shows that we value possibly even acorns, than that of ma-
oak trees not because of the kind of en- ture oak trees. Conversely, if we valued
tity they are, but because of their mag- human beings in a way analogous to the
ni½cence. The magni½cence of an oak way we value oak trees, then we would
tree reflects either accidental properties have no grounds to object to killing hu-
or instrumental worth; a mature tree man infants or even mature human be-
provides our house with shade and is ings who are ‘defective.’
aesthetically pleasing to behold. Neith- Sandel’s defense of human embryo-
er acorns nor saplings are magni½cent, killing on the basis of an analogy be-
so we do not experience a sense of loss tween embryos and acorns collapses
when they are destroyed. If oak trees the moment one brings into focus the
were valuable by virtue of the kind of en- profound difference between the basis
tity they are, then it would follow that it on which we value oak trees, and that
is just as unfortunate to lose an acorn as on which we ascribe value to human be-
an oak tree. ings. We value oaks for their accidental
But the basis for our valuing human properties and their instrumental worth.
beings is profoundly different from the But we value human beings because of
basis for valuing oak trees. As Sandel the intrinsic worth and dignity they pos-
concedes, we value human beings pre- sess by virtue of the kind of entity they
cisely because of the kind of entities they are.21
are. Indeed, that is why we consider all
human beings to be equal in basic digni-
ty and human rights. We most certainly
I now consider a ½nal objection. Some
have claimed that the phenomenon of
do not believe that especially magni½- monozygotic twinning shows that the
cent human beings–such as Michael embryo in the ½rst several days of its
Jordan or Albert Einstein–are of greater gestation is not a human individual. The
fundamental worth and dignity than hu- suggestion is that as long as twinning
man beings who are physically frail or can occur what exists is not yet a unitary
mentally impaired. We would not toler- human being, but only a mass of cells–
ate the killing of a handicapped child or each cell being totipotent and allegedly
a person suffering from, say, brain can- independent of the others.
cer in order to harvest transplantable or- It is true that if a cell or group of cells
gans to save Jordan or Einstein. is detached from the whole at an early
And we do not stand for the killing of stage of embryonic development, the
infants, which on Sandel’s analogy would be detached part can become an organism
precisely analogous to the oak saplings whose with the potential to develop to maturity
destruction we do not necessarily regret. Man- as distinct from the embryo from which
agers of oak forests freely kill saplings, it was detached. But this does nothing to
just as they might destroy acorns, to en- show that before detachment the cells
sure the health of the more mature trees.
No one gives it a second thought. This is 21 Lee and I responded to Sandel in George and
precisely because we do not value mem- Lee, “Acorns and Embryos.”

32 Dædalus Winter 2008


within the human embryo constituted that the embryo is a mere “clump of Embryo
ethics
only an incidental mass.22 cells.”
Consider the parallel case (discussed Based on detailed studies of other
by Aristotle) of the division of a flat- mammals, it is highly likely that in the
worm. Parts of a flatworm have the ½rst two weeks, the cells of the develop-
potential to become a whole flatworm ing embryonic human being already
when isolated from the present whole manifest a degree of specialization and
of which they are a part. Yet no one differentiation. From the beginning,
would suggest that prior to the division even at the two-celled stage, the cells of
of a flatworm, the original flatworm mouse embryos differ in their develop-
was not a unitary individual. Likewise, mental fates; they will ultimately con-
at the early stages of human embryonic tribute to distinct tissues within the em-
development, before specialization by bryo.23 By the four-celled stage, there
the cells has progressed very far, cells or are clear molecular24 and developmen-
groups of cells can become whole organ- tal25 differences between cells of the
isms if they are divided and exist in an developing mouse. At no time is the
appropriate environment after the divi- embryo a mere ‘ball of cells,’ i.e., a col-
sion. But that fact does not in the least lection of homogeneous cells that do
indicate that prior to the twinning event, not function together as an organismic
the embryo is other than a unitary, self- whole.
integrating, actively developing human Now some people have claimed that
organism. It certainly does not show the human embryo does not become
a human being until implantation, be-
22 William Hurlbut of Stanford University
has pointed out that “[m]onozygotic twinning 23 For example, the plane of cleavage of the
(a mere 0.4 percent of births) does not appear zygote predicts which cells will contribute to
to be either an intrinsic drive or a random pro- the inner cell mass and which will contribute
cess within embryogenesis. Rather, it is a dis- to the trophectoderm; B. Plusa et al., “The
ruption of normal development by a mechani- First Cleavage of the Mouse Zygote Predicts
cal or biochemical disturbance of fragile cell the Blastocyst Axis,” Nature 434 (7031) (March
relationships that provokes a compensatory re- 17, 2005): 391–395; R. L. Gardner and T. J. Da-
pair, but with the restitution of integrity with- vies, “The Basis and Signi½cance of Pre-Pattern-
in two distinct trajectories of embryological ing in Mammals,” Philosophical Transactions of
development.” He goes on to explain that “the the Royal Society B: Biological Sciences 358 (2003):
fact that these early cells retain the ability to 1338–1339; J. Rossant and P. P. Tam, “Emerging
form a second embryo is testimony to the re- Asymmetry and Embryonic Patterning in Ear-
siliency of self-regulation and compensation ly Mouse Development,” Developmental Cell 7
within early life, not the lack of individuation (2004): 155–164.
of the ½rst embryo from which the second can
be considered to have ‘budded’ off. Evidence 24 M. E. Torres-Padilla et al., “Histone Argi-
for this may be seen in the increased incidence nine Methylation Regulates Pluripotency in
of monozygotic twinning associated with ivf the Early Mouse Embryo,” Nature 445 (7124)
by Blastocyst Transfer. When ivf embryos are (January 11, 2007): 214–218; J. A. Stanton, A. B.
transferred to the uterus for implantation at Macgregor, D. P. Green, “Gene Expression in
the blastocyst stage, there is a two- to tenfold the Mouse Preimplantation Embryo,” Reproduc-
increase in the rate of monozygotic twinning, tion 125 (2003): 457–468.
apparently due to disruption of normal organis-
mal integrity.” Human Cloning and Human Digni- 25 K. Piotrowska-Nitsche et al., “Four-Cell
ty: An Ethical Inquiry, Report of the President’s Stage Mouse Blastomeres Have Different De-
Council on Bioethics, Washington, D.C., July velopmental Properties,” Development 132 (3)
2002, personal statement of William Hurlbut. (February 2005): 479–490.

Dædalus Winter 2008 33


Robert P. cause (they assume) the embryo can- polarity.27 In other words, the issue is
George
on not establish a basic body plan until it not de½nitively settled. However, which-
life receives external maternal signals at im- ever of the two is true, it is less than can-
plantation. Only then is it a self-direct- did for anyone to assert the older view
ing human organism. According to this without acknowledging that credible sci-
view, these signaling factors somehow entists from leading universities have
transform what was hitherto a mere published research contradicting it in
bundle of cells into a unitary human or- major peer-reviewed scienti½c journals.
ganism. Moreover–and here is the most im-
However, embryologists argue about portant point–even if it is the case that
whether any such maternal signaling polarity does not emerge until a mater-
actually occurs. As Hans-Werner Denker nal signal is received at implantation,
observed, it was once assumed that in that would not provide any evidence
mammals, in contrast to amphibians that such a signal transformed a bundle
and birds, polarity in the early embryo of cells into a unitary, multicellular hu-
depends upon some external signal, man organism. Just as the lungs begin to
since no clear indications of bilateral breathe at birth only in response to cer-
symmetry had been found in oocytes, tain external stimuli, so it would make
zygotes, or early blastocysts.26 But this sense (if the older view is true) that dif-
view has been revised in the light of ferentiation into the rudiments of the
emerging evidence: “[I]ndications have distinct body parts (basic bilateral po-
been found that in mammals the axis larity) would begin only in response to
of bilateral symmetry is indeed deter- some external stimuli. And this is exact-
mined (although at ½rst in a labile way) ly how embryology texts interpreted
by sperm penetration, as in amphibians. such signals, even prior to the publica-
Bilateral symmetry can already be de- tions of Zernicka-Goetz and Gardner
tected in the early blastocyst and is not and their teams.
dependent on implantation.” There is much evidence that the hu-
Denker refers speci½cally to the work man embryo is from the ½rst day on-
of Magdelena Zernicka-Goetz and her ward a unitary organism, and never a
colleagues at Cambridge University, and mere bundle of cells. Development in
that of R. L. Gardner at Oxford Univer- the embryo is complex and coordinated,
sity, which show that polarity exists including compaction, cavitation, and
even at the two-celled stage. In contrast, other activities in which the embryo is
Davor Solter and Takashi Hiiragi of the preparing itself for implantation.
Max Planck Institute for Immunobiolo- And here is the clearest evidence that
gy in Freiburg argue that in the early em- the embryo in the ½rst two weeks is not
bryo (prior to compaction and differen- a mere mass of cells but a unitary organ-
tiation into inner cell mass and tropho- ism: if each cell within the embryo be-
blast), external factors determine the fore twinning were independent, there
fate of each cell, rather than an internal would be no reason why each would not
develop on its own. Instead, these alleg-
edly independent, noncommunicating
26 Hans-Werner Denker, “Early Human De-
velopment: New Data Raise Important Embry-
ological and Ethical Questions Relevant for 27 See Gretchen Vogel, “Embryologists Polar-
Stem Cell Research,” Naturwissenschaften 91 (1) ized Over Early Cell Fate Determination,” Sci-
(2004): 21 ff. ence 308 (May 6, 2005).

34 Dædalus Winter 2008


cells regularly function together to de- these arguments can withstand critical Embryo
ethics
velop into a single, more mature mem- scrutiny.
ber of the human species. This fact The debate about the value of embry-
shows that the cells are interacting from onic human life is sure to continue. But
the very beginning (even within the if that debate is informed by serious at-
zona pellucida, before implantation), re- tention to the facts of embryogenesis
straining them from individually devel- and early human development, and of
oping as whole organisms and directing the profound, inherent, and equal digni-
each of them to function as a relevant ty of human beings, then we, as a nation,
part of a single, whole organism contin- will ultimately reject the deliberate kill-
uous with the zygote. The evidence indi- ing of embryonic humans, regardless of
cates that the human embryo, from the the promised bene½ts.
zygote stage forward, is a unitary human This does not necessarily mean we
organism.28 must sacri½ce such bene½ts. Scientists
have already made tremendous prog-
S upporters of embryo-destructive re- ress toward the goal of producing fully
pluripotent stem cells by non-embryo-
search have advanced other arguments
against the proposition that human destructive methods. If such methods
embryos are embryonic human beings are pursued with vigor, the future might
bearing basic dignity and full moral see the promise of stem cell science ful-
worth. I have focused in this essay on ½lled, with no stain on our national con-
the strongest arguments against my po- science.
sition and laid aside the weaker ones,
such as those proposing to infer some-
thing of moral relevance from the fact
that human embryos are tiny and not
yet sentient; or from the fact that a high
percentage of human embryos are natu-
rally lost early in pregnancy; or from
the claim that people typically either
do not grieve for the loss of embryos in
early miscarriages, or grieve but not as
intensely as they do for children who die
later in gestation or as infants.
If there is a valid argument to show
that human embryos are something oth-
er than human beings in the embryonic
stage of development, or that embryon-
ic human beings lack the basic dignity
and moral worth of human beings in
later developmental stages, it is one of
the arguments I address here. I have giv-
en my reasons for believing that none of

28 Lee and I presented this information in


George and Lee, “The First Fourteen Days of
Human Life.”

Dædalus Winter 2008 35


Nikolas Rose

The value of life: somatic ethics


& the spirit of biocapital

What is the value of life?1 This may Erbitux £11,739. On average, these treat-
seem a pretentious or a philosophical ments extend the lives of those with
question. But it is the subject of much terminal bowel cancer by ½ve months.
contemporary discussion. In August nice made its judgment using a model
2006, England’s National Institute for that estimates the costs per ‘quality ad-
Clinical Excellence (nice), which ad- justed life year’ (qaly) gained, and set
vises on medicines available on the Na- a ‘willingness to pay’ cap of £30,000 per
tional Heath Service (nhs) in England, qaly. Each of the treatments exceeded
ruled against two treatments for late- that limit. Many cancers sufferers and
stage bowel cancer–Genentech’s Avas- their supporters contested this decision.
tin and ImClone Systems’ Erbitux. Al- It was, they said, a question of the value
though these treatments were widely placed on their lives, the value of ½ve
available in a number of countries, nice months of life.
declared that their use was not “compat- What, then, is the value of life? A
ible with the best use of nhs resources.” Google search for ‘the value of life’
nice estimated that treatment with turns up 417,000 pages in 0.22 seconds.
Avastin would cost £17,665.65 a patient, Among them, Brainy Quote of the Day
gives us Michael de Montaigne’s wise
words: “The value of life lies not in the
Nikolas Rose is James Martin White Professor
length of days, but in the use we make
of Sociology and director of the bios Centre for
of them.” But more generally, what one
the Study of Bioscience, Biomedicine, Biotechnol-
sees in these pages is an instructive in-
ogy and Society at the London School of Econom-
tertwining of the ethical and the eco-
ics. His numerous publications include “Govern-
nomic. Of course, many of the Google
ing the Soul: The Shaping of the Private Self”
hits lead to the deliberations of bioethi-
(1989), “Inventing Our Selves: Psychology, Pow-
cists; in fact, The Value of Life is the title
er and Personhood” (1996), “Powers of Free-
of a book by the prominent British bio-
dom: Reframing Political Thought” (1999), and
ethicist John Harris. But for those of us
“The Politics of Life Itself: Biomedicine, Power,
who are not bioethicists, current debates
and Subjectivity in the Twenty-First Century”
(2006).
1 This paper draws on Nikolas Rose, The Poli-
© 2008 by the American Academy of Arts tics of Life Itself (Princeton, N.J.: Princeton Uni-
& Sciences versity Press, 2006).

36 Dædalus Winter 2008


over the value of life provide one way question itself is posed. Today, it is in- The value of
life: somatic
to explore the nature of contemporary creasingly framed in terms of dignity. ethics & the
biopolitics. The U.K.’s Voluntary Euthanasia So- spirit of bio-
ciety, for example, recently changed its capital
First in the Google listing is the Pope, name to Dignity in Dying. The value of
life here seems to exist in a kind of trans-
or rather, the late Pope John Paul’s en-
cyclical letter of 1995, “Evangelium Vitae: actional space between the claim that
On the Value and Inviolability of Human existence itself has some intrinsic value,
Life.” In it, the Pontiff declares the in- and the claim that value should attach,
comparable worth of the human per- not to life as vitality, but to life as a sub-
son, and expresses concern about the jective state–to the ‘dignity’ of those
increase in threats to the life of individu- who live it.
als and peoples, especially where life is
weak and defenseless. He is particularly S econd in Google’s hierarchy are the
troubled by the new threats opened up economists, for whom life can certain-
by biomedical progress; he believes that ly be given a precise value. Value of life,
certain sectors of the medical profes- here, is usually calculated with the clas-
sion, authorized by the state, are endan- sical economic measure of ‘willingness
gering the lives of the weakest, often to pay.’
with the free assistance of health-care Since there are few ways to test how
systems. much individuals are, in reality, willing
The late Pope represents only one to pay for their life, health-care spend-
pole of the bioethical debate that now ing stands as the most popular proxy,
rages over the question of whether life in measuring the value accorded to in-
can be subject to judgments of value– creased longevity. One example of this
or, whether different forms of life can calculation is evident in a paper by Rob-
or should be valued differently. Could ert Hall and Charles Jones, with the title
one ever legitimately say, ‘My life has “The Value of Life and the Rise of Health
no value’? Could a life be of such little Care Spending.” They point out the rise
value that it might be a life not worth in the United States in the proportion of
living, a life that should be ended? resources devoted to health care: “The
That little phrase, ‘life not worthy of share was 5.2 percent in 1950, 9.4 percent
life,’ admittedly carries chilling over- in 1975, and 15.4 percent in 2000. Over
tones. It evokes the German debates the same period, health has improved.
on euthanasia that preceded the mur- The life expectancy of an American born
derous eugenic regime in Germany from in 1950 was 68.2 years, of one born in
1900 to 1945, so movingly analyzed in 1975, 72.6 years, and of one born in 2000,
Michael Burleigh’s book Death and De- 76.9 years.” Set the additional invest-
liverance. And yet, today, it seems we ment against the additional years of life,
cannot avoid this issue, especially at the and one has a measure of the implicit
start or end of life–in cases of severely value Americans attribute to life.
disabled neonates maintained on life Others try to calculate the potential
support, or those suffering from a pain- societal bene½ts, in ½nancial terms, for
ful and terminal disease who wish for reductions in mortality and morbidity.
physician-assisted suicide. Kevin Murphy and Robert Topel esti-
What is important for my analysis is mate that, for the United States, “re-
not the answers given, but the way the duced mortality from heart disease alone

Dædalus Winter 2008 37


Nikolas has increased the value of life by about that reduce the statistically expected num-
Rose
on $1.5 trillion per year since 1970 . . . . Even ber of accidental fatalities by one [em-
life a modest 1 percent reduction in cancer phasis added].4
mortality would be worth nearly $500
In a related but different economic
billion.”2
frame, one ½nds the debates over the
Something similar is happening when
compensation given by the government
health economists use measures like the
to victims of disaster. When the U.S.
qaly to evaluate the costs of disease or Air Force killed and injured a number
the bene½ts of treatments: it is an imper-
of people in bombing the Chinese Em-
fect yet seemingly necessary technology
bassy in Belgrade in May 1999, the U.S.
to enable tragic choices, translating im-
government agreed to pay $4.5 million
possible moral judgments about suffer-
in damages, which amounted to about
ing into a technical and calculable form.
$150,000 per victim. On the other hand,
Other experts estimate the value of life
when a U.S. Marine jet hit aerial tram-
in terms of the money people are pre-
way cables in Italy in 1998, the United
pared to invest to reduce small risks of
States gave close to $2 million to each
death.3 The U.S. Department of Trans-
Italian victim. Even this disparity in
portation, in a paper prepared just after
the value of life pales when one learns
September 11, calls this amount the ‘val-
that when a U.S. gunship attacked and
ue of a statistical life’:
strafed four villages in Afghanistan in
A de½ned value of life has been pursued 2003, killing sixty people, the Karzai re-
by governmental agencies here and abroad gime offered the Afghan wedding vic-
for over thirty years. It is regarded as an tims about $200 on behalf of each indi-
essential element of cost-bene½t analysis vidual killed.5
to guide public policy in the areas of regu- In the United States itself, the next
lation and investment in health and safety. of kin of each person who died in the
Some measure is necessary to ensure pru- September 11 attacks received some $2
dent management of public and private million, sparking an angry debate in the
resources. Although saving an identi½able United States about the respective com-
life is often regarded as a moral impera- pensation to the victims of Hurricanes
tive on which no monetary value can be Rita and Katrina, and to the families of
placed, prevention of every possible accidental troops who have died in Iraq. Life, it
death would be intolerably costly in terms of seems, can be given a monetary value in
both money and the quality of life. The term compensation for its loss, yet that valu-
“value of a statistical life” (vsl) is widely ation depends upon the citizenship of
used to emphasize that value is placed, not those who have lost it, and the ½nancial
on a particular life, but on safety measures and political resources of those who con-
test that loss.

2 Kevin M. Murphy and Robert H. Topel, “The


Value of Health and Longevity,” nber Working
Paper 11405, June 2005, http://www.nber.org/
papers/W11405 (accessed March 20, 2006). 4 http://ostpxweb.dot.gov/policy/EconStrat/
treatmentoflife.htm#1 (accessed March 12,
3 For example, W. Kip Viscusi, “The Value 2006).
of Life,” New Palgrave Dictionary of Economics
and the Law, 2nd ed., 2005, http://ssrn.com/ 5 http://www.cursor.org/stories/afghandead.
abstract=827205. htm (accessed March 12, 2006).

38 Dædalus Winter 2008


The lawyers come third in Google’s essary to provide care. But they reveal The value of
life: somatic
listings. A host of papers dealing with something about our contested politics ethics & the
the value of life considers the ways in of life. spirit of bio-
which the courts measure compensation On the one hand, then, all human life capital
in wrongful death suits, where relatives has a value beyond price, and every life
sue doctors or others to recover damages is of equal value. And yet we know that
from someone they hold responsible for in practice, some forms of life are judged
a death. This is a fertile market for law- more valuable than others. Every ses-
yers in the United States, judging from sion of genetic counseling, every act of
the numerous pages posted by law ½rms amniocentesis, and perhaps even every
encouraging individuals to make such piece of cosmetic surgery embodies just
claims. such a premise: some forms of life, some
However, in the United States at least, ways of living, are worth more than oth-
such claims making has taken a different ers, and sometimes people are willing
turn–in the form of claims for wrong- to pay for them. Every actuarial calcu-
ful birth or wrongful life. Willy and Cyn- lation for an insurance premium, every
thia Fields won damages of $1.7 million decision about health-care provision, is
for the wrongful birth of their severely also based on such a presupposition.
handicapped daughter Jade, on the ba-
sis that their doctor failed to pick up
the signs of abnormality (in an ultra-
My Google search did not really cap-
ture a fourth dimension–that of capital.
sound scan of the fetus) that would have By this, I mean the practice of express-
prompted them to have an abortion.6 ing the value of a life–of an individual,
This was a wrongful birth case, in which family, lineage, nation, population, race,
parents take action against a medical species or diversity of species–in terms
practitioner for failing to uncover infor- of genetic or human capital.
mation in genetic screening or counsel- The phrase ‘genetic capital’ was, per-
ing that would have enabled the mother haps, ½rst used by modern-day propo-
to have her pregnancy terminated. Per- nents of eugenics, such as the authors
haps wrongful life cases are even more of The Bell Curve, who drew on the more
telling, for here the damaged, disabled, respectable use of the notion in evolu-
or terminally ill child, through his or her tionary biology.7 Some transhumanists
legal representatives, sues for having have now taken up the phrase to argue
been allowed to be born–for example, for a new kind of eugenics for improving
a child with Tay-Sachs, condemned to the genetic capital of the nation.
a short life ½lled with suffering before Sarah Franklin has suggested that it
an inevitable death. In effect, the child was ½rst in the area of stockbreeding
is claiming to have been damaged by that the idea of genetic capital took
having been allowed to live at all–for shape–the capital that was not so much
being condemned to a life not worth in each member of the flock but in the
living. Of course, these cases are about heritable characteristics of the lineage.8
raising money, for lawyers, for parents,
for children; sometimes they are mere- 7 Richard J. Herrnstein and Charles Murray,
ly routes to obtaining the resources nec- The Bell Curve: Intelligence and Class Structure in
American Life (New York: Free Press, 1994).
6 http://www.cbsnews.com/stories/2003/ 8 Harriet Ritvo, “Possessing Mother Nature:
06/19/60minutes/main559472.shtml. Genetic Capital in the Eighteenth Century,”

Dædalus Winter 2008 39


Nikolas The idea of a kind of value inherent in or potential, to become a kind of entre-
Rose
on the hereditary quality of one’s stock preneur of oneself and one’s family.
life originated before modern genetics. But
in its modern form one can see it in an
invitation issued by the Kansas-based
W hat is one to make of this intertwin-
ing of economic and ethical concerns,
Decatur Beef Alliance in 2000: “The these complicated relations among dif-
Alliance gives progressive cattlemen a ferent registers of value? What can it
way to cash in on their genetic capital tell us, if anything, about contemporary
and their management expertise . . . . biopolitics?
Any cattleman with superior genetic Certainly the practice of medicine
cattle meeting the [de½ned] live animal has become infused with these ways of
speci½cations . . . can get involved.”9 thinking about the value of life.11 Belief
The idea of genetic, or biological, cap- in the value of a healthy life, and of one’s
ital has now become central to the lan- right to control and shape that life, has
guage of those seeking to protect the become central to the ethical self-man-
planet and its biodiversity. Thus, in agement of many individuals and fami-
January 2006, The Hindu Times reported lies, and underlay many challenges to
S. Kannaiyan, chairman of the National the paternalistic power that doctors ex-
Biodiversity Authority of India, as say- ercised over their patients. Attempts to
ing, “Biodiversity represents the very ‘empower’ the recipients of medical
foundation of human existence; yet, by care, to emphasize ‘active citizenship,’
our heedless actions, we are eroding this and to transform patients into ‘consum-
biological capital at an alarming rate.”10 ers’ were underpinned, in part, by the
The idea of genetic capital resonates hope that each individual would act to
with that of human capital, which has protect and enhance the value of their
emerged in the writings of Chicago own life and that of their family, because
School economists such as Gary Becker, they were committed to a secular value
for whom all choices that individuals of health.
make about matters like education or From another direction, the practice
medical care are seen as investments in of medicine has become saturated with
their own human capital. This notion issues of ½nancial value. This phenome-
of human capital links to the ways in non is evident, not just in the growth of
which, in advanced liberal ethics, each private health insurance and the com-
individual is urged to live his life as a moditization of health it entails, but al-
kind of enterprise to maximize lifestyle so in the regulation of prescriptions or
reimbursements for medical activity
in John Brewer and Susan Staves, Early Modern by health management organizations
Conceptions of Property (New York: Routledge, (hmos) and National Health Services.
1996). As we have seen, these organizations
9 “An Invitation to Join the Decatur Beef Al-
base many of their judgments on the cri-
liance” (speech, Commercial Agriculture Pro-
ducer’s College, Oberlin, Ky., November 14,
2000), http://agebb.missouri.edu/commag/ 11 Richard Horton, editor of the influential
inst/decbeef.htm. medical journal The Lancet, provides an over-
view of some of the key issues; R. Horton,
10 http://www.thehindu.com/2006/01/16/ Health Wars: On the Global Front Lines of Mod-
stories/2006011600810200.htm (accessed ern Medicine (New York: New York Review
March 20, 2006). of Books, 2004).

40 Dædalus Winter 2008


teria of value for money, and the costs nomic corporations to the sequencing of The value of
life: somatic
and bene½ts of different forms of med- the human genome.13 In contemporary ethics & the
ical intervention captured in measures biomedicine, the laboratory, the facto- spirit of bio-
such as qaly. ry, and the stock market are interlinked. capital
Further, medical knowledge, indeed Where funds are required to generate
medical truth itself, has become subject candidates for truth in biomedicine,
to intense capitalization. Basic and ap- and where the allocation of such funds
plied biological research–whether con- depends upon a calculation of ½nancial
ducted in biotech companies or in uni- return, commercial investment shapes
versities–has become bound up with the very direction, organization, prob-
the generation of intellectual property, lem space, and solution effects of bio-
and illness and health have become ma- medicine as well as the basic biology
jor ½elds for corporate activity. This is that supports it. In an era in which bio-
largely because contemporary molecu- tech enterprises such as Genentech pro-
lar biomedicine requires the investment claim that they are “in business for life,”
of resources over long periods–for biopolitics has become bioeconomics.14
equipment, laboratories, clinical trials,
and regulatory compliance–before it
can achieve a return. Increasingly, such 13 I have argued elsewhere that images of the
investment comes from venture capital development of scienti½c disciplines that por-
provided to private corporations, who tray a path from the laboratory to society, de-
also seek to raise funds on the stock mar- scribed in the language of ‘application,’ are
ket. Hence, biomedicine has become misleading, especially in those domains that
have what Michel Foucault termed a “low epis-
subject to all the exigencies of capitaliza- temological threshold.” The psychological sci-
tion, such as the obligations of pro½t and ences, for example, were ‘disciplined’ around
the demands of shareholder value.12 their ½elds of application–in industry, the
A path-dependent perspective on bio- schoolroom, the military, the courtroom–and
medical truth is necessary here. Biotech only later established in the university. Nikolas
Rose, The Psychological Complex: Psychology, Pol-
companies do not merely apply or mar-
itics and Society in England, 1869–1939 (Boston:
ket scienti½c discoveries: the pharma- Routledge & Kegan Paul, 1985). The impact of
ceutical industry has been central to re- military priorities and funding should not be
search on neurochemistry, the biotech underestimated, in even the most apparently
industry to research on cloning, and ge- theoretical of disciplines such as mathematics.

14 The collection edited by Sarah Franklin and


Margaret Lock made signi½cant advances in
12 Once more I must stress that there is noth- our understanding of biocapital, pointing to
ing novel in itself in close relations between in- the new hybrids of knowledge, technology, and
dustrial corporations and the development of life involved in patenting, sequencing, map-
scienti½c research, outside and inside universi- ping, purifying, branding, marketing, and pub-
ties. The image of scienti½c knowledge as devel- licizing new life forms: these studies contrib-
oping within the sequestered space of the uni- uted to my own less ethnographic approach
versity laboratory, funded by public moneys, to these issues; S. Franklin and M. Lock, eds.,
detached from commercial imperatives, mobi- Remaking Life and Death: Toward an Anthropolo-
lized only by Mertonian norms of disinterested- gy of the Biosciences (Santa Fe, N.M.: School
ness applies, if at all, only to a few disciplines of American Research Press, 2003). I am grate-
during an exceptional period in the mid-twenti- ful to Franklin for letting me read her own de-
eth century. Novelty, today, lies in the particu- velopment of these ideas in advance of publi-
lar con½guration taking shape around the life cation; S. Franklin, Dolly Mixtures (Durham,
sciences. N.C.: Duke University Press, 2006).

Dædalus Winter 2008 41


Nikolas
Rose
C atherine Waldby initially proposed Yet something has changed. The very
on the term ‘biovalue’ to characterize the emergence of the language of bioeco-
life ways that bodies and tissues derived nomics brings into existence a new
from the dead are redeployed to enhance space for thought and action. The bio-
the health and vitality of the living.15 economy has appeared as a space to be
The Organization for Economic Coop- mapped, managed, and understood;
eration and Development developed a it needs to be conceptualized as a set
similar idea in its ‘foresight’ exercise to of processes and relations that can be
explore the potential of economic activ- known and theorized, that can become
ity that “captures the latent value in bio- the target of programs that seek to in-
logical processes.” More generally, we crease the power of nations or corpo-
can use the term to refer to the many rations by acting within and upon that
ways in which qualities or capacities in- economy.
herent in vitality have become a poten- The normalization of the term ‘bio-
tial source for the production of value. capital’ is one indicator of this new
We should not overstate the novelty turn. March 2005 saw the third annu-
of these developments. Humans long al conference of BioCapital Europe in
ago put the vital properties of the natural Amsterdam–an event for pharmaceu-
world into service, with the domestica- tical and biotech companies across Eu-
tion of animals and plants. They turned rope.17 In Australia, around the same
these properties into technologies when time, the state of Queensland estab-
they, for example, harnessed the milk- lished a au$100 million biocapital fund
producing capacities of cows and the to establish globally enduring biobusi-
silk-producing capacities of silkworms nesses. In May 2005, BioSpace, a lead-
for the generation of biovalue.16 Con- ing online information source for the
temporary projects to embody human biotech and pharmaceutical industry,
desires and aspirations within living en- published the ½fth edition of BioCapital,
tities–organisms, organs, cells, mole- which showcases a variety of biophar-
cules–in order to extract a surplus–be maceutical companies located within
it food, health, or capital–can be traced the Mid-Atlantic region; it includes an
to these early events. interactive BioCapital Hotbed map that
also highlights research institutes, non-
pro½t organizations, and universities
15 C. Waldby, The Visible Human Project: Infor- within the area.18 Moreover, ‘biocapi-
matic Bodies and Posthuman Medicine (New York:
Routledge, 2000).
17 The conferences of BioCapital Europe en-
16 In volume 3 of Capital, Marx points to the able biotech companies to present themselves
signi½cance of the capitalization of cattle and to venture capitalists, institutions, and other
sheep breeding in enabling capital to become biotech and pharmaceutical companies look-
an independent and dominant force in agricul- ing for investment opportunities within the
ture. Franklin argues that the cloning of Dolly biotechnology market. See www.biocapitaleu-
the sheep–made possible by the investment rope.com (accessed November 25, 2005).
of venture capital in the hope of creating trans-
genic ‘bioreactor’ sheep to produce marketable 18 See http://www.biospace.com/news_story.
enzymes for treating human diseases–binds aspx?Storyid=20035520&full=1 (accessed No-
the oldest de½nitions of capital as ‘stock’ to vember 25, 2005). There are now many such
the newest forms that it takes in contemporary Hotbed Maps, which can be found at http://
biocapital. Human aspirations become literally www.biospace.com/biotechhotbeds.aspx (ac-
‘embodied’ in living capitalizable entities; ibid. cessed November 26, 2005). The original 1985

42 Dædalus Winter 2008


tal’ is used in the title of numerous in- not ful½lled, at least in the short term.20 The value of
life: somatic
vestment and consultancy organizations UmanGenomics in Sweden sought to use ethics & the
worldwide. Marxists and post-Marxists bioethical shields to insulate itself from spirit of bio-
may disagree about whether biocapital- some of the criticisms; but it too found capital
ism is a novel mode of production, but that its business model was not viable.21
they cannot dispute the existence and The ‘ex-socialist state’ bioeconomies,
signi½cance of biocapital as a way of such as Lithuania and Estonia, emerged
thinking and acting. from Soviet domination with compre-
Projects to govern the bioeconomy hensive medical and genealogical rec-
sometimes involve surprising alliances ords, together with relatively stable pop-
between political authorities and prom- ulations and some unusually prevalent
issory capitalism.19 A number of ‘strong medical conditions: these seemed to
state’ bioeconomies–most famously il- provide a favorable point of entry to a
lustrated in Iceland and Sweden–decid- future in which biotechnology would
ed to license private companies to un- generate employment, boost industry,
dertake the genetic sequencing of their and promote both public and sharehold-
populations and to combine this with er value.22
publicly held genealogical and medical Meanwhile, ‘developing state’ bio-
records, in the hope that they would be economies have turned claims about
able to identify the genomic bases of
common complex disorders. In the case
of decode in Iceland these hopes were 20 G. Palsson and P. Rabinow, “Iceland: The
Case of a National Human Genome Project,”
Anthropology Today 15 (5) (1999): 14; H. Rose,
The Commodi½cation of Bioinformation: The
Icelandic Health Sector Database (London: Well-
Biotech Bay™ Map for the San Francisco come Trust, 2003). See also http://sunsite.
Bay Area hangs on permanent display in the berkeley.edu/biotech/iceland/new.html. In
Smithsonian Institution’s National Museum a press release of August 2, 2005, decode Ge-
of American History. BioCapital was ½rst netics put a brave face on their progress but
launched in 1996. nonetheless reported losses in their second
quarter. See http://www.decode.com (ac-
19 Franklin and Lock, in 2003, attributed cessed August 11, 2005).
the term ‘promissory capitalism’ to Charis
Thompson’s then-unpublished work on what 21 A. Abbott, “Sweden Sets Ethical Standards
she termed “the biotech mode of (re)produc- for the Use of Genetic ‘Biobanks,’” Nature 400
tion”; S. Franklin and M. Lock, “Animation (July 1999): 3; K. Høyer, “Conflicting Notions
and Cessation: The Remaking of Life and of Personhood in Genetic Research,” Anthropol-
Death,” in Franklin and Lock, eds., Remaking ogy Today 18 (5) (2002): 9–13; K. Høyer, “‘Sci-
Life and Death: Toward an Anthropology of the ence is Really Needed That’s All I Know.’ In-
Biosciences. See C. Thompson, Making Parents: formed Consent and the Non-Verbal Practices
The Ontological Choreography of Reproductive of Collecting Blood for Genetic Research in
Technologies (Cambridge, Mass.: mit Press, Northern Sweden,” New Genetics and Society 22
2005), especially chap. 6. The idea that specu- (3) (2003): 229–244; A. Nilsson and J. Rose,
lative, risk, and venture capital depend upon “Sweden Takes Steps to Protect Tissue Banks,”
issuing promissory notes against the hope of Science 286 (1999): 894; S. Rosell, “Sweden’s
future returns has long had a central place in Answer to Genomics Ethics (letter),” Nature
studies of the rise of capitalist economies. I 401 (September 16, 1991).
draw on arguments made in my Clifford Bar-
clay Memorial Lecture at the London School 22 For the Estonian Genome Project, see
of Economics and Political Science in Febru- http://www.geenivaramu.ee/index.php?show
ary 2005. =main&lang=eng.

Dædalus Winter 2008 43


Nikolas the diversity of their populations into 1 million by 2010, an enormous increase
Rose
on exploitable resources. Thus, in China over the estimated 70,000 today. Gov-
life (which has emphasised gene testing, ernment of½cials plan to double their in-
biobanking, and stem cells) and India vestment in biotechnology in the next
(which points to the diversity of its gene ½ve years.”25
pool, developed pharmaceutical indus- This is not simply another case of
try, cros, and ‘good subjects’ for trials), predatory Western capitalism plunder-
local and national state authorities have ing the resources of the poor. A report
focused on the development of biotech of a U.K. government mission to India
as a driver of economic development, in 2003 was headed with a quote from
inward investment, and international then–Indian Prime Minister Atal Behari
competitiveness. Vajpayee: “Biotechnology is a frontier
Many Western and other First World science with a high promise for the wel-
economies have also stressed their po- fare of humanity.” At that time India had
tential competitive advantage in what 160 biotechnology companies with com-
enthusiasts like to term ‘the knowledge- bined revenues of $150 million, driven
based bioeconomy.’ In 2003, the U.K. by developments in the health-care sec-
House of Commons Trade and Industry tor; the industry was expected to grow
Committee Report on Biotechnology iden- to $4.5 billion by 2010 and to generate a
ti½ed biotechnology, especially biomed- million or more jobs.
icine, as a key economic driver. It esti- In China, the government spent about
mated that, in 2002, the U.K. biotech- $180 million building a biotech industry
nology industry had a market capitali- from 1996 to 2002. By December 2006,
zation of £6.3 billion, accounting for 42 total R&D spending in China exceeded
percent of the total market capitaliza- that of Japan for the ½rst time, and Chi-
tion of European biotechnology, with na became the world’s second-highest
pharmaceutical biotechnology as the R&D investor after the United States:
dominant branch.23 spending by central government in 2006
In the United States, Ernst & Young reached 71.6 billion rmb, or almost $10
reported that the biotech sector, in 2003, billion, a considerable portion of which
was a $33.6 billion industry, with a total was directed to biotechnology and bio-
of 1,466 companies, 318 of which were medicine. Government funds were di-
public.24 It also revealed that “in Aus- rected to basic science, leaving the spin-
tralia . . . total revenues among publicly out to the clinic and the manufacturing
traded companies increased 38 percent to the growing private biotech industry.
from $666 million in 2001 to $920 mil- And before the Hwang debacle, the Stem
lion in 2002. The number of . . . people Cell Research Centre in South Korea had
employed in the industry jumped 24 guaranteed government funding of $7.5
percent from 5,201 to 6,464.” And in Ja- million for ten years.
pan, the “government anticipates the
nation’s biotech workforce will surge to I n each region, political investment
to support the development of the bio-
technology sector is driven, in part, by
23 See U.K. House of Commons Trade and In- fears of losing out in an intensively com-
dustry Committee, Report on Biotechnology, 2003.

24 Ernst & Young, Resilience: America’s Biotech- 25 Ernst & Young, Beyond Borders: Global Bio-
nology Report, 2003. technology Report, 2003.

44 Dædalus Winter 2008


petitive global bioeconomy. Ernst & companies, and governments and non- The value of
life: somatic
Young’s Global Biotechnology Report 2005: biotech industrial conglomerates have ethics & the
Beyond Borders argues that “from Malay- to provide the capital that, in the West, spirit of bio-
sia to Michigan, governments are devel- would be raised in other ways.28 capital
oping strategic plans with ambitious Nevertheless, the allure of biocapital
goals for biotech” and points out that remains strong. Politicians in countries
“the global industry raised a whopping across the globe continue to foster the
$21.2 billion in 2004” from private capi- growth of a biotech sector and to seek a
tal for early-stage development. niche in this global bioeconomy by em-
Yet even this was not enough to meet phasizing the features that make them
the challenge of ½nding early-stage particularly attractive, whether these be
capital.26 The global biotechnology in- genetically stable populations, a skilled
dustry’s revenues grew by 17 percent and cheap labor force, or a range of sig-
in 2004, to $54.6 billion, but it was still ni½cant diseases. They attempt to map
making net losses of $5.3 billion, and the potential of this biotechnological
many companies seeking to raise funds revolution through exercises in fore-
from ipos did not obtain the valuations sight, and formulate strategies to devel-
they sought and suffered falls in share op it: targeted research funding, tech-
prices. Times were ‘challenging,’ espe- nology transfer, support for start-up and
cially in Europe and the United States, spin-out ½rms, tax breaks for research
partly because of developments in regu- and development, low regulatory hur-
lation and legislation: the U.S. debates dles, and much more. These local inten-
over the ethics of stem cell research, si½cations of biocapital are linked into
and the tendency of key policymakers transnational circuits of capital, knowl-
to “scrutinize research agreements be- edge, researchers, techniques, and also
tween academic medical centers, clini- material artifacts–tissues, cell lines,
cians and biotech/pharmaceutical com- reagents, dna sequences, organs, and
panies,” and to question “potential con- the like. Such circuits of vitality are not
flicts of interest.”27 themselves new–consider the long-
The Asian biotech sector meanwhile standing practices of ethnobotanical
continues to grow aggressively (“bio- collections of seeds and plants, or of
tech companies in the region increased the exchange of biological material and
their top-line revenues by 36 percent model organisms such as fruit flies,
in 2004”), although they too face ‘chal- which were central to modern genet-
lenges’: worries over ip protection have ics.29 But today, a kind of disembedding
hampered investment from Western has occurred. Molecularization strips
tissues, proteins, and molecules of their
26 And, especially in the United States, one speci½c af½nities–to a disease, to an or-
should not neglect the “opportunities and chal- gan, to an individual, to a species–and
lenges in biodefense” following the terrorist
attacks of September 11, 2001: Department of
Health and Human Services spending on bio- 28 Ibid., 67.
defense increased almost fourteenfold from
2001 to 2005, and the Bioshield Act of 2004 ear- 29 M. J. Balick and P. A. Cox, Plants, People and
marked £5.6 billion for U.S. countermeasures Culture: Science of Ethnobotany (New York: Sci-
against pathogens. enti½c American Library, 1996); R. E. Kohler,
Lords of the Fly: Drosophila Genetics and the Ex-
27 Ernst & Young, Beyond Borders: Global Bio- perimental Life (Chicago: University of Chicago
technology Report, 2005, 35. Press), 1994.

Dædalus Winter 2008 45


Nikolas enables us to regard them as manipula- human beings conduct their lives is a
Rose
on ble and transferable units, which we can ‘soteriology’: a way of making sense of
life move from place to place, from organ- one’s suffering, of ½nding the reasons
ism to organism, from disease to disease, for it, and of thinking of the means by
from person to person. which one might be delivered from it.
Vitality has been decomposed into a I suggest our own soteriology increas-
series of distinct and discrete objects ingly takes a somatic form. Human be-
that can be rendered visible, isolated, ings identify and interpret much of their
decomposed, stabilized, frozen, banked, unease in terms of the health, vitality,
stored, commoditized, accumulated, and morbidity of their bodies; they
exchanged, and traded across time and judge and act upon their soma in their
space, organs and species, and diverse attempts to make themselves not just
contexts and enterprises, in the service physically better, but also to make them-
of bioeconomic objectives. Whether it selves better persons. This is what I call
is the transfer of genes, and their prop- a ‘somatic ethic.’
erties (e.g., lumiscence, salt tolerance), Is there a relationship between the
from one species to another; the transfer birth of the bioeconomy and the emer-
of treatments from one disease to anoth- gence of the living biological body as a
er; or the transfer of tissues, blood plas- key site for the government of individu-
ma, kidneys, and stem cells, molecular- als–as the contemporary locus for so
ization is conferring a new mobility on much of our unease and discontents, as
the elements of life, enabling them to the site of hope and potential overcom-
enter new circuits–organic, interper- ing? What are the links between the
sonal, geographical, and ½nancial. modern salience of biocapital and the
And along with this ‘flattening’ goes ethical work that human beings are do-
another–the attempt to flatten the ing upon themselves in the name of
transnational circuits themselves, to health, longevity, and vital existence?
construct one of those level playing To address this, we need to distinguish
½elds, in which standardized intellec- this sense of ethics from that entailed in
tual-property regimes, forms of ethi- the idea of bioethics. Bioethics can oper-
cal governance, standards and regula- ate as a legitimation device within the
tions, and information allow distinct regulatory technologies of government,
and widely separated economic actors as they deal with highly controversial
to trade with one another, and yet up- issues of life and its management.30 It
on which each local actor seeks to gain can serve to insulate researchers from
competitive advantage. criticism, and from the detailed exami-
nation of the nature and consequences
M ax Weber famously argued that of their activities, by bureaucratizing the
processes whereby they obtain ‘ethical
there was an ‘elective af½nity’ between
a certain religious ethic of worldly ascet- clearance’ for what they do. Crucially,
icism that he saw in Calvinism and the
early emergence of capitalism in Europe 30 B. Salter and M. Jones, “Human Genetic
and North America. His thesis has been Technologies, European Governance and the
the subject of extensive debate, interpre- Politics of Bioethics,” Nature Reviews Genetics 3
(10) (2002): 808–814; B. Salter and M. Jones,
tation, and empirical refutation. But it “Biobanks and Bioethics: The Politics of Legiti-
was grounded in his more profound in- mation,” Journal of European Public Policy 12 (4)
sight that central to the ways in which (2005): 710–732.

46 Dædalus Winter 2008


bioethics also provides the essential might more accurately be termed ‘bio- The value of
life: somatic
ethical guarantees that enable elements morality,’ whose aim is to develop prin- ethics & the
–tissues, cells, eggs, sperm, embryos, ciples, and promulgate codes and rules, spirit of bio-
body parts–to move legitimately around as to how research or clinical work in capital
the circuits of biocapital so that they biomedicine might be conducted. At a
can be combined and recombined in set- time when the somatic, the bodily, the
tings from laboratory to clinic. Franklin ‘bio,’ have become so central to our
coined the term ‘ethical biocapital’ to forms of life, we should not be surprised
draw attention to the way in which bio- that one response is to try to discipline
tech corporations themselves now seek these dif½culties: to ½nd some algo-
to internalize these ethical considera- rithms to adjudicate them, to standard-
tions in their business models and their ize procedures for the potentially con-
artifacts. Bioethics thus often seems to flictual decisions concerning them. In
arise from an alliance between those this way, problematic issues can be
who want or need an ethical warrant for transformed into technical questions:
their commercial or scienti½c activities Have the proper procedures been fol-
–whether they be pharmaceutical com- lowed? Have the proper permissions
panies or those whose careers depend been obtained? Is con½dentiality as-
upon research with human subjects– sured? Has informed consent been ob-
and those who see here a potential locus tained? Bioethics, here, like accountan-
for grants, recognition, a professional cy, legal regulation, and so forth, has
vocation, and a public role–philoso- indeed become an essential part of the
phers, theologians, ethicists, and others. machinery for governing the bioecono-
And as some critics claim, there are cer- my; for facilitating the circuits of bio-
tainly moments when bioethicists, and logical material required for the genera-
the clean bill of health they can offer, tion of biocapital; and for supervising
seem to be for sale: when bioethicists, all those practices in which life itself is
in taking subsidies for their education- the object, target, and stake.
al activities, accepting grants, and act- But I am more interested here in an-
ing as consultants to biotechnology and other sense in which we can think of the
pharmaceutical companies, may have ethics of the bio. This concerns the ethi-
betrayed the trust vested in them, legiti- cal considerations deemed relevant by
mating the unacceptable at the cost of participants–not just patients and their
human lives.31 families, but also researchers, clinicians,
But alongside the urge to critique, regulators, and even those working in
we need to attend to what this demand the world of commerce–in their actual
for bioethics manifests. Perhaps, at the conduct in relation to the dilemmas they
simplest level, we need to distinguish face and the judgments they must make.
between two general senses in which Many detailed ethnographies of bioso-
the biological and the ethical are inter- cial communities demonstrate the ways
twined. On the one hand stand those in which today’s biological citizens are
practices and ways of thinking that reformulating their own answers to
Kant’s three famous questions: What
can I know? What must I do? What may
31 C. Elliot, “When Pharma Goes to the Laun- I hope? We also see this in studies of the
dry: Public Relations and the Business of Med-
ical Education,” Hastings Center Report 34 (5) ethos of the authorities and profession-
(2004): 18–23. als enmeshed in contemporary vital pol-

Dædalus Winter 2008 47


Nikolas itics, in those working in and for com- our hopes for salvation, for the future–
Rose
on mercial biotechnology and pharmaceu- are themselves shaped by considerations
life tical companies, and perhaps even in about the maintenance of health and the
those investors whose concerns seem prolongation of earthly existence.
purely ½nancial. While they may have The management of health and vitali-
their own share of cynicism, pragma- ty, once derided as narcissistic self-ab-
tism, ambition, greed, and rivalry, they sorption, has now achieved unparalleled
are also searching for, assembling, and ethical salience. The tensions between
inventing ways in which they might the intensifying demand for the prod-
evaluate, adjudicate, and justify the de- ucts of the bioeconomy–organs, em-
cisions they must make when human bryos, pharmaceutical products, and the
vitality is at stake. like in the West–and the inequities and
It is this sense that is closest to my no- injustices of the local and global eco-
tion of a somatic ethic. I use ‘ethic’ here nomic, technological, and biomedical
to refer to ways of understanding, fash- infrastructure required to support such
ioning, and managing ourselves in the a somatic ethic seem to me to be a con-
everyday conduct of our lives.32 If our stitutive feature of contemporary bio-
ethic has become, in key respects, so- politics–and one in which the differen-
matic, this is because it is our soma– tial value of life is very much at stake.
our genome, our neurotransmitters, our What I have tried to do, in a schemat-
‘biology’–that is given salience. It is al- ic and provisional manner, is to sketch
so because the authorities that articu- the somatic ethical economy, which per-
late the rules for living now include not haps has an elective af½nity with a cer-
merely doctors and health promoters, tain form of capital–biocapital–and
but so many other somatic experts: ge- with the capitalization of life itself. To
netic counselors, support groups, proj- paraphrase Max Weber, we do not have
ects for the public understanding of ge- to decide between a materialistic and a
netics, and bioethicists. And it is because spiritualistic interpretation of these de-
the forms of knowledge that are shap- velopments.33 Somatic ethics and bio-
ing our understandings of ourselves are capital have been locked together since
themselves increasingly ‘biological’– birth. For only where life itself has
medical, of course, but also coming achieved such ethical importance, only
more directly from genomics and neuro- where the technologies for maintaining
science, in their popular presentations, and improving it can represent them-
their scienti½c elaborations, and in the selves as more than merely the corrupt
hybrid forms they take within lay dis- pursuit of pro½t and personal gain, only
courses of everyday life. Finally, it is be- when they can place themselves in the
cause our expectations for our lives– service of health and life, is it possible
for biocapital to achieve such a hold on
our economies of hope, imagination,
32 I have discussed the way of thinking about
ethics and self-technologies developed by Mi- and pro½t. In this sense, I suggest, so-
chel Foucault and Giles Deleuze elsewhere: G. matic ethics is intrinsically linked to the
Deleuze, Foucault (Minneapolis: University of spirit of biocapital.
Minnesota Press, 1988); M. Foucault, The His-
tory of Sexuality, vol. 2, The Use of Pleasure (Lon-
don: Penguin, 1985); N. Rose, Inventing Our 33 M. Weber, The Protestant Ethic and the Spirit
Selves: Psychology, Power, and Personhood (New of Capitalism (London: George Allen & Unwin
York: Cambridge University Press, 1996). Ltd., 1930), 183.

48 Dædalus Winter 2008


John Broome

What is your life worth?

What is your life worth to you? Conversely, what harm would be done
‘Everything,’ you might say, since if to you by not continuing to live? What
you lose your life you lose everything. would you lose by dying? I disagree
On the other hand, Epicurus’s answer with both of the extreme answers ‘ev-
appears to have been ‘nothing’: erything’ and ‘nothing.’ My answer
takes a middle course. I shall come to it
Become accustomed to the belief that
after ½rst rejecting the extremes. On the
death is nothing to us. For all good and
face of it, ‘nothing’ is the less plausible
evil consists in sensation, but death is
of the two, but it has the most interest-
deprivation of sensation . . . . So death,
ing arguments in its favor. I shall start
the most terrifying of ills, is nothing to
with that one.
us, since so long as we exist death is not
with us; but when death comes, then
we do not exist. It does not then concern
M ost of us ½nd the answer ‘nothing’
either the living or the dead, since for
implausible because we take it for grant-
the former it is not, and the latter are no
ed that dying is terrible. It may even be
more.1
an imposition on Epicurus to read him
as answering ‘nothing.’ He may not
Epicurus seems to be saying that death mean to say that death does us no harm
does you no harm. If that is so, continu- –I shall come to that. But he does supply
ing to live does you no good. materials that can be used to construct a
When I asked what your life is worth case for that view. I shall make this case
to you, I meant, more precisely: how as persuasive as I can, but in the end I
good is it for you to continue living? shall argue that it fails.
The goodness of life has two compo-
John Broome is White’s Professor of Moral Phi- nents: quality and quantity. You might
losophy at the University of Oxford and a Fellow think that the quantity of life does not
of Corpus Christi College, Oxford. His books in- matter at all, but only its quality. Indeed,
clude “Weighing Goods: Equality, Uncertainty
and Time” (1991), “Ethics Out of Economics” 1 Epicurus, “Letter to Menoeceus,” in Whitney
(1999), and “Weighing Lives” (2004). He holds Oates, ed., The Stoic and Epicurean Philosophers:
a Leverhulme Major Research Fellowship. The Complete Extant Writings of Epicurus, Epicte-
tus, Lucretius, Marcus Aurelius (New York: Ran-
© 2008 by the American Academy of Arts dom House, 1940), 30–31.
& Sciences

Dædalus Winter 2008 49


John this is exactly what most of us do think life. Extending the lives of people who
Broome
on about the goodness of life in another are already in the world is another. Epi-
life context. One way of adding to the quan- curus shows us that a similar argument
tity of life in the world is by having more can be used in this context too. We can
babies; that way, more life is lived in to- ask a parallel question about the quanti-
tal. But most of us do not favor increas- ty of a single person’s life. Previously we
ing quantity this way. We are concerned asked who is harmed by not being creat-
for the quality of life of the people who ed; now let us ask at what time a person
live, but we are not concerned to in- is harmed by dying. Suppose you might
crease the number of people who live. have lived longer, but you actually die
When the Chinese government institut- now. Is that a bad thing for you? Well,
ed its one-child policy, its aim was to when are you harmed by your early
improve the quality of life of the Chi- death? At no time. As Epicurus says,
nese. Another consequence of the poli- you are not harmed at any time before
cy is that there are fewer Chinese than your death, since so long as you exist
there would have been without it, but “death is not with [you].” And you are
the government did not think of this re- not harmed at any time after your death,
duction in quantity as a bad thing, to be since at no time after your death do you
set against the gain in quality. Most of us exist. Since there is no time when you
would have agreed. are harmed, we might conclude you are
Moreover, this attitude we common- not harmed at all.
ly have toward the number of people You may say there is indeed a time
can be supported by an argument. Sup- when death harms you: the time when
pose a couple are thinking of having a you die. You could be making either of
child, but eventually decide not to. As a two points. The ½rst is that the process
result, there is less life in the world than of dying is often terrible. This does mean
there would have been. Is this reduction your death harms you in one way, but
in quantity a bad thing? Well, who is not in a way that is relevant to the ques-
harmed by it? No one. No one is harmed tion I am asking. The question is: what is
by not being brought into existence. It the bene½t to you of continuing to live?
is not as though there is some child who Conversely, what harm would be done to
suffers the misfortune of not existing; you by not continuing to live? The terri-
there is simply no child, so no one is bleness of the process of dying is not a
harmed. Consequently, we might plau- part of the answer to this question. Cut-
sibly think, no harm is done. We might ting your life short does not necessarily
conclude it cannot be a bad thing to re- harm you in this way, because your dying
duce the quantity of life in this way. may be terrible whether it occurs at the
This argument needs to be slightly end of a long life or a short one. So we
quali½ed. Perhaps some people will be can set aside this aspect of the badness
worse off as a result of the child’s non- of death.
existence. Perhaps, say, the child would The second point you might be mak-
have grown up to make a great contri- ing is this: if death harms you, we know
bution to civilization. But if we set aside automatically that the harm occurs at
indirect effects of this sort, the argument the time of your death, since it is your
has some force. death that does the harm. But we must
Bringing more people into the world distinguish the time when a harm is
is one way of increasing the quantity of caused from the time when it is suffered.

50 Dædalus Winter 2008


If I drop a banana peel on the road, and occur at particular times in your life. But What is
your life
you later slip on it and hurt yourself, the notions of bene½t and harm are dif- worth?
your harm is caused when I drop the ferent from the notions of good and bad,
peel, but it is not suffered until you fall. and just because all goods and bads oc-
Epicurus asks when the harm of death cur at particular times, it does not follow
is suffered, not when it is caused. The that all bene½ts and harms do.
answer is that it is not suffered at any Bene½t and harm are comparative
time. If there were any harm, it would notions. If something bene½ts you, it
be caused at the time you die, but that makes your life better than it would
is another matter. We can set aside this have been, and if something harms you,
point too. it makes your life worse than it would
have been. To determine whether some
Once those two points are set aside, event bene½ts or harms you, we have to
compare the goodness of your life as it
we should agree that there is no time
when death harms you. We learn this is, given the event, with the goodness it
truth from Epicurus. Epicurus appar- would otherwise have had. The compar-
ently draws the further conclusion that, ison is between your whole life as it is
because there is no time when death and your whole life as it would have
harms you, it does not harm you at all. been. We do not have to make the com-
To arrive at that conclusion he needs parison time by time, comparing each
to make the further assumption that particular time in one life with the same
you cannot be harmed unless you are time in the other. So even if the good-
harmed at some time. Is that a good as- ness of your life is made up of good and
sumption? bad things that all occur at particular
Once again, Epicurus supplies us with times, there is no need for the compari-
material that at ½rst seems to support it. son between lives to be made up of ben-
He says that “all good and evil consists e½ts and harms that can all be attached
in sensation”: the only sort of good that to particular times.
can come to us is a good sensation, and Take an analogy. Suppose the text of
the only sort of bad is a bad sensation. a book is cut before it is published. The
This is a version of what is nowadays last chapter is excised, but all the earlier
called ‘hedonism.’ It is contentious, and chapters are left intact. Then six thou-
one way of responding to Epicurus is to sand words (say) are cut from the book,
deny it. But denying hedonism is also yet no words are cut from any page in
contentious, and I do not need to do it. the book. This is so even though every
Instead, I shall show that, even if we word in the book appears on a particu-
grant Epicurus’s hedonism, it does not lar page. Moreover, had the book been
truly support the claim that you cannot published in the longer, uncut version,
be harmed unless you are harmed at every word in the longer book would
some time. have appeared on a particular page. The
Let us assume, then, like Epicurus, that number of words cut from the book is
all good and evil consists in sensation. determined by comparing the whole
Since all sensations occur at particular book as it is, with the whole book as it
times, we can conclude that all goods would have been had it not been cut. It
and evils occur at particular times. The is not determined by comparing any par-
goodness or badness of your life is made ticular page with that page as it would
up of good and bad things, all of which have been.

Dædalus Winter 2008 51


John Similarly, shortening your life may istence. Caring about what happens to
Broome
on harm you even though there is no time you involves caring about the whole of
life when it harms you. To determine that life. But why should you care about
whether it harms you, we compare the that? For instance, what if you cared
goodness of the shorter life you have, about just what happens to you in the
taken as a whole, with the goodness of present, rather than in your entire life?
the longer life you would have had, tak- What you care about may change from
en as a whole. If we believe Epicurus’s time to time. Why should you not, at
hedonism, the goodness of the shorter each particular time, care about just
life is made up of the good and bad sen- what happens to you at that particular
sations that occur within it. The good- time?
ness of the longer life includes all those This needs to be put carefully. You
sensations, and also all the good and bad probably care about what happens to
sensations you would have had in later other people besides yourself, but you
life had you not died. If your life is going probably care in a different way about
well, these extra sensations would have what happens to you yourself. Call this
been predominantly good ones. So the sort of care ‘self-care.’ The suggestion
longer life would have been better than is that you should attach your self-care,
the shorter one. You are therefore not to what happens to the person you
harmed by the shortening of your life. are, with the whole of your life, but just
But there is no time when you suffer this to what happens to you in the present.
harm, just as, when the book is cut, no This is what Wittgenstein means when
page in the book loses any words. he uses the expression “living in the
Epicurus’s hedonism actually implies present.” He points out: “For life in the
that death normally harms you. Epicu- present there is no death. Death is not
rus thinks it implies the opposite, but he an event in life.”2 So long as you care
is mistaken. He is right that there is no only about what happens to you in the
time when death harms you, but it does present, rather than about yourself as a
not follow that death does not harm you. whole, you will never encounter death
It may harm you, even though it harms among the things you care about. Your
you at no time. death does not occur during your life, so
for you it is never in the present. Possibly
I speak of ‘Epicurus’s argument,’ but Epicurus is making a similar point.
I am not concerned here with the cor-
Epicurus may not mean to argue that
death does not harm you. He says “death rect interpretation of Epicurus. I am in-
is nothing to us,” but he may mean sim- terested in how good it is for you to con-
ply that you should not mind dying. He tinue living. This is a question about the
may think that dying can harm you, but good of you, the person you are, who has
that even so you should not mind it. a whole life. It is not about what you
How could that be so? If dying will should care about at any particular time.
harm you, surely you should mind it. Does dying–ceasing to live–harm you?
Not necessarily. It depends on what you I asked whether we could ½nd in Epicu-
care about. Dying will harm you, but rus’s remarks any reason for thinking it
maybe you should not care about what does not. His remarks provide the mate-
happens to you. You are a person, with
a life that extends from when you come 2 Ludwig Wittgenstein, Notebooks, 1914–1916
into existence to when you go out of ex- (Oxford: Blackwell, 1961), 75.

52 Dædalus Winter 2008


rials for an argument, but in the end the To say you lose something at a particu- What is
your life
argument fails. This does not mean that lar time normally implies that you exist worth?
dying actually does harm you. It only both before and after the time. Since you
means we have no reason so far to think do not exist both before and after your
it does not. death, it is not true that you lose every-
thing by dying. ‘Everything’ is not the
N ow I come to the opposite answer, right answer to the question of what
your life is worth to you.
‘everything,’ to the question ‘What is
your life worth to you?’ The idea be- However, we can ask what you lose by
hind it is that when you die, you will dying in a way that does not imply you
have nothing, so by dying you lose ev- exist both before and after your death.
erything. We do not have to answer the question
It can be quickly disposed of. It is not by comparing what you have after your
true that by dying you lose everything. death with what you had before it. We
That conclusion is supposed to follow can instead compare what you have, giv-
from the premise that, when you die, en that you die at a particular time, with
you will have nothing. But although this what you would have had if you had
premise is true, it is true only in a pecu- not died then. When we think this way,
liar way. Consequently, it does not sup- ‘what you have’ does not refer to what
port the conclusion that you lose every- you have at a particular time, but to what
thing when you die. you have in your whole life together. Un-
The premise that you will have noth- derstood this way, what you lose by dy-
ing when you die is true because you will ing is not everything. You lose just a part
not exist after your death, not because of the longer life you would have led,
you will exist but have nothing. In the had you not died when you did. Death
same peculiar way, it is true that Pegasus ends your life; it does not take it away.
has no wings, since Pegasus does not ex- The answer ‘everything’ encourages
ist. In the same way too, it is true that the idea that your life is in½nitely valu-
Nelson now has no left arm; it is true be- able to you. But no one’s life has in½nite
cause, being dead, Nelson now does not value. How could it? Our human lives
exist. are ½nite in length, and during them we
Think some more about Nelson’s can experience and achieve only a ½nite
arms. Before attacking Santa Cruz de number of things. What you lose by dy-
Tenerife, Nelson had a right arm. Af- ing is the ½nite difference between a lon-
terward he did not. We can conclude ger life and a shorter one.
that he lost his right arm in the attack.
Before his death at the Battle of Trafal- What do you gain by continuing to
gar, he had a left arm. Afterward he did live? Conversely, what do you lose by
not. But we cannot conclude that he dying? The answer is the difference be-
lost his left arm at Trafalgar. He did tween the value of your life if you con-
not lose it there; it remained attached tinue to live, and the value of your short-
to his body. What happened at Trafalgar er life if you die. The right answer to the
instead is that Nelson ceased to exist. question lies between the extremes of
It therefore became true in the peculiar ‘everything’ and ‘nothing,’ or between
way that he afterward had no left arm. ‘in½nity’ and ‘zero.’ It is ‘something.’
But, although his left arm lost its owner, But ‘something’ is not good enough;
its owner did not lose his left arm. we need to know how much. Excluding

Dædalus Winter 2008 53


John the two extremes puts us into the do- quantity of lives. Take the provision of
Broome
on main of quantities. A person’s life has health care. Some treatments (such as
life some value. What? Furthermore, once hip replacements) improve the quality of
we abandon the extremes, we should people’s lives without extending them;
expect different lives to have different some (such as heart replacements) ex-
values. Presumably the value of a life tend lives. When a government sets pri-
depends in some way on its length and orities among different sorts of treat-
its quality. How? ment, it must weigh the quality of life
We need a quantitative answer to the against the quantity of life. It needs to
question of what a life is worth because set values on people’s lives.
important decisions hang on it. Deci- On a much larger scale, we must de-
sions are constantly being made that af- cide what to do about global warming,
fect the lengths of people’s lives. Some which threatens to kill huge numbers of
are on a small, individual scale; others people. It will kill them in natural disas-
on the scale of the whole world. On a ters, in heat waves, and by extending the
small scale, all of us regularly make de- range of tropical diseases; and it will kill
cisions that shorten or lengthen our them in marginal areas of the world by
lives. Statistically, each doughnut you making them poorer–poverty is a kill-
eat shortens your life. Is it worth it? er. By reducing our emissions of green-
That is something you probably do not house gases, we can reduce the number
want to think about, and you are prob- of people who will be killed. But to do
ably wise not to. But in other circum- that we shall have to sacri½ce some of
stances, you will want to make the calcu- the quality of our lives. What sacri½ces
lation. If you have a terminal illness, you should we make? What reduction in
will need to decide at what point to give the quality of our lives in the present is
up treatment aimed at extending your worthwhile for the sake of extending the
life, and accept only palliative care. You quantity of people’s lives in the future?
may think carefully about that. Your de- Again, we need to set a value on people’s
cision may depend on your judgment of lives, and weigh quality against quantity.
the value of extending your life–for in-
stance, on whether you have a book to
½nish or a child to look after.
The value of lives is not the only thing
at issue in these decisions. When some
You will be weighing the quantity of people’s lives are weighed against oth-
your life against its quality. You may ers, fairness also has a central place. To
need to do this explicitly for yourself make this clear, I shall give an example
only in rare and tragic circumstances. in two parts. First, suppose a doctor can
But when the decision is for other peo- save a patient’s life, and can do so using
ple, you will need to be more careful. either of two treatments. One will leave
You can be cavalier about your own the patient in good health. The other
doughnuts, but not about other people’s will equally well save her life, but leave
lives. Governments in particular make her blind. Obviously, the doctor should
decisions that affect the lengths of many choose the ½rst of these treatments. That
people’s lives, and they should think is because it will probably do more good
carefully about the value of those lives. than the second. Life with sight is gen-
Governments often have to weigh erally better than life without. This is a
some people’s lives against others, and truth we should not shrink from; noth-
weigh the quality of lives against the ing else explains why the doctor should

54 Dædalus Winter 2008


choose the ½rst treatment rather than thing. Economists value things on the What is
your life
the second. Since there is only one pa- basis of the preferences of individuals, worth?
tient in this ½rst part of the example, which are revealed by their willingness
fairness is not a consideration. The to pay. They calculate a value for human
goodness of the result is the only thing life from people’s willingness to pay to
that matters. extend their lives, or from their willing-
Now the second part. Suppose a doc- ness to pay to reduce risks to life. This
tor has two patients who each have a method avoids the need to have any
fatal sickness. She has enough resources proper account of the value of life. That
to save only one of them; the other will is left to the people. People make their
die. One of the patients is in good health own judgments about the value of their
apart from her present sickness, but the lives, and express them through their
other is blind. Which should the doctor willingness to pay. The economist is
save? This time the answer is not obvi- spared the bother.
ous. More good will probably be done Values for willingness to pay are in
by saving the sighted patient–we have practice gleaned from such data as the
already recognized that life with sight premium that workers must be paid to
is generally better than life without. But induce them to take on dangerous jobs,
just because more good will probably or from questionnaires that ask people
be done, it does not follow that this is what they would be willing to pay to
the right thing for the doctor to do. It make their lives safer. The values that
would be dreadfully unfair to the blind emerge vary widely, and are in some
patient to let her die just because of her cases incoherent. In one study, people’s
blindness. Fairness is another consider- willingness to pay for a large reduction
ation that is just as important as doing in risk was no more than their willing-
the most good. The doctor needs to ½nd ness to pay for a small reduction.3 This
a way of being fair. Choosing between is not surprising. It is wishful thinking
the patients by some random lottery to imagine that people’s willingness to
might be a way to do it. pay in these circumstances derives from
any coherent view about the value of
S o goodness is not the only consider- their lives. It is a dif½cult task to assign
a value to your life. In practice, when
ation, but it is a central one. Therefore,
to make vital decisions properly, we have you take on a dangerous job, or answer a
to consider the value of people’s lives. questionnaire, you are not likely to have
We need a proper account of the value made a proper judgment about the value
of life, and we need to go through the of your life. Your willingness to pay will
process of intellectual debate that will probably be haphazard; it is not likely to
eventually bring a good account into the reveal a real judgment.
public domain. The spur is that, until Valuing lives by willingness to pay is in
lives are valued well, they will be valued practice not done even to the standards
badly. Because the value of people’s lives of good economics. Willingness to pay
affects many decisions, governments al- is measured in terms of money. There is
ready make their own valuations, and
they generally do so badly. 3 M. W. Jones-Lee, G. Loomes, and P. R. Phil-
ips, “Valuing the Prevention of Non-Fatal Road
Governments usually take their meth- Injuries: Contingent Valuation vs. Standard
od from economics, which has a ready- Gambles,” Oxford Economic Papers 47 (1995):
made way of attaching a value to any- 676–695.

Dædalus Winter 2008 55


John no harm in that: we need to compare to pay is used in this foolish manner, it
Broome
on the value of lives with the value of other would be better not to use it at all.
life things, and we need some common unit When economists do better cost-
of value. Money is as good as any. But we bene½t analysis than this, they have
have to recognize that money does not methods of correcting for money’s dif-
have the same value to one person as to ferent values to rich and poor people.6
another. Money is worth less to the rich But they have as yet no way to correct
than to the poor, who require it to satis- for its different values to those near
fy their urgent needs. It is worth less to death and to those who are further away.
someone who is nearer death than it is to In order to make that correction, they
someone who is not so near; if you are would ½rst need a proper account of
expecting to die soon, you will not have the value of life.
many uses for your money. So if an old A different branch of economics has
person is willing to spend more on ex- already developed an account of its
tending her life than a young person is, own. Health economists regularly val-
that may not be because her life is more ue people’s lives in terms of quality-
valuable. It may be because money is less adjusted life years (qalys), and their
valuable to her. If an American is willing work strongly influences practical deci-
to pay ½fteen times more to extend her sion making in health care. They take
life than a Bangladeshi is, that does not the view that the value of a life is given
mean her life is ½fteen times more valu- by its length in years, adjusted by a fac-
able. tor that is supposed to measure its qual-
This is an elementary point, but it is ity. There are many dif½culties in imple-
ignored within the practice of valuing menting this theory in detail, but it is
human life. The Of½ce of Management sensible in broad terms.
and Budget instructs federal agencies to I am not saying it is correct. My pur-
set a higher value on a year of a senior pose is not to defend any particular theo-
citizen’s life than on a year of a young ry of the value of a life. The bene½t of
person’s life. Its explanation is that old extending life, and conversely the harm
people are likely to have accumulated done by shortening it, is the difference
savings to spend on their health.4 Its in value between a longer life and a
thinking must be that, since an old per- shorter life. This is the ½rst step toward
son has saved up more money, she is a theory. It tells us that what we need is
likely to be willing to pay more to extend a theory of the value of a whole life.
her life, and this shows that a year of her But I shall not go further than that. My
life is more valuable. But actually it sim- purpose is only to argue that we need a
ply shows she has more money. One re- theory. Many people are disturbed by
port of the Intergovernmental Panel on the idea of ½xing a concrete value on hu-
Climate Change seriously suggested val- man life. But we need to do it.
uing Americans at ½fteen times the value
of Bangladeshis.5 So long as willingness Dimensions of Climate Change (New York:
Cambridge University Press, 1996), 195–198.
4 Of½ce of Management and Budget, “Circu-
lar A–4: Regulatory Analysis,” September 17, 6 See Jean Dreze and Nicholas Stern, “The
2004, sec. E. Theory of Cost-Bene½t Analysis,” in Alan J.
Auerbach and Martin Feldstein, eds., Hand-
5 Intergovernmental Panel on Climate Change, book of Public Economics, vol. 2 (Amsterdam:
Climate Change 1995, vol. 3, Economic and Social North-Holland, 1987), 909–989.

56 Dædalus Winter 2008


Shai Lavi

How dying became a ‘life crisis’

The controversy over euthanasia is not-too-distant publicity surrounding


one indication of America’s fascination Dr. Kevorkian, the Michigan patholo-
with biopolitical issues at the intersec- gist who offered death to his patients,
tion of life and death.1 Most states pro- revealed that even a convicted felon can
hibit physicians from actively assisting attract public sympathy.
patients to hasten death, but recognize Like the controversy over abortion,
a patient’s right to withdraw unwanted the euthanasia debate is conceptualized
life-support machinery (‘passive eutha- as a conflict between the sanctity of life
nasia’). Currently, Oregon is the only and freedom of choice. Proponents of
state that deviates from this standard: euthanasia ½ght for the ‘right to die’ in
under its 1995 Death with Dignity Act, the name of patient autonomy, while op-
physicians may prescribe lethal medica- ponents of euthanasia claim that free-
tion to patients for self-administration dom has its limits, and that other values,
(‘physician-assisted suicide’), but may primarily the ‘sanctity of life,’ must
not inject the lethal dose themselves trump individual rights. This conflict
(‘active euthanasia’). commonly boils down to where precise-
Legal regulation notwithstanding, eu- ly one draws the line on the euthanasia
thanasia continues to stir public debate. spectrum: between active euthanasia,
The recent case of Terry Schiavo re- on the one side, and the continuation of
minded us that despite clear-cut legal medical treatment in all but futile cases,
resolutions, public opinion may still ex- on the other.
press unease with even the mild form of This framework reflects a relatively
passive euthanasia. At the same time, the recent, post–World War II mindset and
ignores the roots of the euthanasia de-
Shai Lavi teaches law and sociology at Tel Aviv bate that date back to the nineteenth
University. His book, “The Modern Art of Dying: century. Too much reflection has been
A History of Euthanasia in America” (2005), devoted to justifying different positions
won the 2006 Distinguished Book Award from within the debate, and too little to ½gur-
the American Sociological Association, Section ing out why euthanasia became such a
on Sociology of Law. hotly debated issue to begin with. The

© 2008 by the American Academy of Arts 1 To S. H. The author would like to thank Josh-
& Sciences ua Price for his insightful comments.

Dædalus Winter 2008 57


Shai Lavi response–too readily available–that headaches, sudden memory lapses, and
on
life euthanasia is a logical, if highly contro- visual impairment. A family physician
versial, solution to the contemporary referred her to a neurologist who sus-
problem of dying is hardly satisfying. It pected a brain tumor, which the ct and
merely gives rise to another question: mri scans con½rmed. She had glioblas-
why and how did dying become such a toma multiforma (gbm), a common and
problem for us? highly aggressive type of brain cancer
We can trace the modern crisis of that has no known cure. Her tumor–
dying to a cultural transformation that “the cypress growing in my head,” as she
predates both the medical and legal called it, alluding to one of Erich Käst-
advancements of the twentieth centu- ner’s children stories–was already ½ve
ry2: the medicalization of the deathbed. millimeters long and classi½ed as grade
Associated with this phenomenon are 4, the most abnormal and hardest cancer
the hastening of death and the prolon- to treat. All that the medical statistics
gation of life. Both reflect a new way of could offer her was three months.
experiencing dying and a new will to Within a week, Sandra was no longer
master death, shared by physician and able to walk on her own and became de-
patient. Thus, the question of freedom pendent on her only child, some friends,
at the deathbed is not about how much and paid help. Her doctors ruled out
or how little choice the terminal patient surgery since the tumor was located be-
has, but rather how dying became a mat- tween the two hemispheres of her brain.
ter of choice in the ½rst place. They recommended a combination of
Put differently, if euthanasia reflects radiation and chemotherapy instead.
a crisis in dying, it is because the frame- The physicians explained that the treat-
work in which euthanasia and other ment would slow down the tumor’s de-
end-of-life choices are made has not en- velopment and triple her life expectancy.
hanced the patient’s freedom, but rath- For a while she played with the idea
er has undermined a more fundamental of letting go, refusing any treatment
sense of freedom, which has little to do that would prolong her dying without
with the notion of having options. The having any curative value. Underlying
following case offers a glimpse into the this wish was a detectable sense of cold
predicament facing the dying patient rage against the medical establishment,
today. which could not offer any real cure but
still insisted on putting her through the
W hile in her early ½fties, Sandra, an medical ordeal.
Her son searched the Web for second
art historian, began complaining of
opinions and found a physician in Texas
who was willing to perform the surgery
2 Several studies of the history of euthanasia
despite the high risk. In the meantime, a
have appeared recently: Ian Dowbiggin, A Mer- close friend introduced her to a survivor
ciful End: The Euthanasia Movement in Modern who was still alive and active eight years
America (New York: Oxford University Press, after being diagnosed with a similar type
2003); N. D. A. Kemp, Merciful Release: The of brain cancer. He introduced her to an
History of the British Euthanasia Movement (New
York: Manchester University Press, 2002);
unconventional treatment, preached the
Shai Lavi, The Modern Art of Dying: A History power of mind over body, and recom-
of Euthanasia in the United States (Princeton, mended a diet of weeds. She ended up
N.J.: Princeton University Press, 2005). accepting the radiology and chemother-

58 Dædalus Winter 2008


apy not so much because she trusted the demonstrates how euthanasia may pres- How dying
conventional doctors as much as she did ent itself as a way of dying. Her story al- became a
‘life crisis’
not have the energy to ½ght them. lows us to examine critically the most
In the coming months, her life would common explanation of the modern cri-
be ‘saved’ once and again on a weekly sis of dying and to achieve a new under-
basis. After radiology and chemotherapy standing of the emergence of euthanasia
had their turn, she underwent a newly as its solution.
licensed immunological treatment, ac- The most popular account of the mod-
companied by homeopathic treatment ern crisis of dying places its origin in
aimed at strengthening her immune sys- the latter half of the twentieth century,
tem. Her physical condition fluctuated, when the capacity of medicine to pro-
at times allowing her to resume certain long life expanded dramatically. Chronic
of her previous activities and even begin diseases (e.g., cancer, heart disease, and
a new writing project. On other days, she Alzheimer’s) replaced the acute ailments
suffered from terrible headaches, sei- of the nineteenth century (e.g., pneumo-
zures, and some known medical com- nia, influenza, and other plagues) as the
plications such as thrombosis, which main causes of death. The growing use
completely debilitated her. of antibiotics, surgery, and other techno-
Most of the time, she set her mind on logical advances, including life-sustain-
coping with daily life: adhering to the ing machinery, had transformed mortal-
strict schedule of radiology, chemother- ity statistics. But extending life had the
apy, medication, and physiotherapy, unintended but inevitable consequence
while maintaining some kind of ‘nor- of prolonging dying and suffering.
mal’ life to distract herself from all of Meanwhile, according to the familiar
the above. But talk about a ‘½nal exit’ story, the professional ambition of doc-
was there from the beginning and resur- tors to employ advanced medical treat-
faced every time it seemed like conven- ment began to override the immediate
tional medicine had nothing more to of- interests of the dying patient. Many phy-
fer. With the help of a lawyer, she draft- sicians considered the death of a patient
ed a living will in which she requested to be a failure and launched battles on all
to be disconnected from life-support medical fronts against an invincible en-
machinery if she entered a persistent emy. A cultural and psychological denial
vegetative state. To her closest friends, of death augmented this phenomenon. A
she lamented not living in Oregon or, doctor would not even tell a patient that
even better, in the Netherlands, where she was dying, a vow of secrecy shared
physician-assisted suicide is legal. Not by the patient’s family and friends.
that she would actually kill herself, but All of this allegedly changed in the
some comfort lay in knowing she had a 1960s, with the rise of patient rights,
last resort. and in the 1970s, with the public discus-
sion of the right to die. Euthanasia was
S andra’s story is not exceptional. It in- understood to be a response to the grow-
ing intrusiveness of medical treatment
cludes the basic components of the crisis
facing mid-life terminal patients,3 and
York: Scribner, 2005); Marilyn Webb, The
3 For other accounts of a medicalized death, Good Death: The New American Search to Re-
see Sharon Kaufman, And a Time to Die: How shape the End of Life (New York: Bantam
American Hospitals Shape the End of Life (New Books, 1997).

Dædalus Winter 2008 59


Shai Lavi in the imperious setting of the modern The underlying crisis that Sandra is
on
life hospital. The struggle for a right to die facing has little to do with lack of choice.
was seen as a challenge to the medical Her predicament stems from the unre-
profession’s monopoly over the treat- solved tension between the medical ef-
ment of the dying, and a transfer of pow- forts directed at achieving greater con-
er from physician and family to the dy- trol over dying, whether through treat-
ing patient herself. Euthanasia, in other ment or euthanasia, and the inherent
words, empowered dying patients and futility of this effort. The history of eu-
offered them an alternative to the med- thanasia may help further illuminate
ical dictum to prolong life inde½nitely. how the modern wish to master death
They could now decide to ½ght death or stems from, and in the ½nal analysis
to embrace it. leads to, a fundamental attunement of
The growing recognition of a right to helpless rage.
die also attested to the decline in the ta-
boo surrounding death. Today, the dying
patient must be informed of his medical
C ommon perceptions notwithstand-
ing, euthanasia is not a late-twentieth-
condition, and he must express prior century response to the intrusiveness of
consent to treatment. For proponents of earlier medical interventions. The ½rst
euthanasia, the second half of the twen- euthanasia debate in the United States
tieth century stands for the triumph of took place in the 1870s and preceded
human choice over the domination of both the technological and legal devel-
medical technology and conservative opments so commonly associated with
values. For its opponents, the rise of eu- it. In 1870, Samuel D. Williams, a British
thanasia marks the degradation of tradi- businessman, made this proposition:
tional values and the dangers of freedom
In all cases of hopeless and painful illness
run amok. Both sides agree that the has-
it should be the recognized duty of the
tening of death and the right to die stand
medical attendant, whenever so desired
in opposition to prolonging life and val-
by the patient, to administer chloroform–
uing its sacredness.
or such other anaesthetic as may by and
Sandra’s story, however, reveals that
by supersede chloroform–so as to destroy
the desire for euthanasia does not neces-
consciousness at once, and put the suffer-
sarily emerge as a reaction to the med-
er to a quick and painless death; all need-
ical prolongation of life. Euthanasia, for
ful precautions being adopted to prevent
her, is not a solution to an overly med-
any possible abuse of such duty; and
icalized death, but another medicalized
means being taken to establish beyond the
way to face death. Along with the deci-
possibility of doubt or question that the
sions to undergo intrusive medical care
remedy was applied at the express wish of
or to withhold medical treatment, and
the patient.4
to follow the advice of mainstream doc-
tors or that of alternative medicine, she Following his proposal, Iowa and Ohio
juggles in her mind the possibilities of made the ½rst attempts to legalize eu-
½ghting death or shortening life. These thanasia in 1906.5 This was a time when
should be seen as different tactics in one
overall scheme, best described as the 4 Quoted in Charles B. Williams, “Euthanasia,”
wish of the modern patient, with the aid Medical Record 70 (1894).
of the medical profession, to master the 5 Lavi, The Modern Art of Dying, 93–95. For a
time and manner of death. somewhat different approach, see Jacob M.

60 Dædalus Winter 2008


most Americans still died a death unme- we recall that nineteenth-century med- How dying
diated by medical technology at home icine had made no real progress in its became a
‘life crisis’
and were little concerned with the issue capacity to treat the dying patient. With
of patient rights. Still, these early pro- the exception of the replacement of opi-
posals share with many contemporary um with its alkaloid, morphine, in the
proposals, if not the letter of the law, second half of the nineteenth century,
then its spirit. the ability of the medical profession to
To understand why the euthanasia treat terminal patients was no different
debate emerged as early as the 1870s, we during most of the nineteenth century
must ½rst recognize the medicalization than it had been during the previous
of dying as a cultural rather than tech- century. Not until far into the twentieth
nological transformation. This process century did radical changes take place
evolved during the mid-nineteenth cen- in medicine’s power to relieve pain and
tury. The most apparent manifestation prolong life.7
of the medicalization of death took place What then was the source of this new
when the doctor replaced the priest as professional calling that hailed the doc-
master of ceremonies. Prior to the med- tor to the deathbed? What could the
icalization of death, it was common for physician possibly offer to a patient
doctors to withdraw their care from an whose condition was by de½nition help-
incurable patient, leaving the dying in less? It is this paradox–the duty to pro-
the trustworthy hands of the attending vide care in the absence of any possible
family, friends, and clergy. Many phy- cure–that gradually began to dominate
sicians held to the simple belief that if the medical treatment of the dying pa-
they could do nothing to cure the pa- tient in the nineteenth century and con-
tient, they had no reason to stay at the tinues to do so today. Physicians at the
bedside. Thus, they would willingly step time began to believe that irrespective
aside to allow the performance of death- of their power to cure or to alleviate suf-
bed rites.6 fering, they had a responsibility to hold
By the mid-nineteenth century, this out some, even if very limited, course
widespread practice of abandoning the of action to the dying patient, to help
deathbed of an incurable patient had her overcome a sense of helplessness.
become unacceptable. One might hy- At times, this responsibility was more
pothesize that the growing presence of important than any particular medicine
the physician at the deathbed was a con- that the physician could supply the pa-
sequence of developments in medical tient. This was especially true at the
technology and in the capability of phy- deathbed, when no real cure could be
sicians to cure acute illnesses. This hy- offered, only a promise of hope stem-
pothesis loses its explanatory force once ming from a modern rage against the
perceived impotency of dying.
Early attempts to codify professional
Appel, “A Duty to Kill? A Duty to Die? Re-
thinking the Euthanasia Controversy of 1906,”
medical ethics heralded this new duty
Bulletin of the History of Medicine 78 (2004): of the medical profession. Thomas Per-
610–634. cival, one of the ½rst medical ethicists in
the early nineteenth century, declared
6 Shai Lavi, “Euthanasia and the Changing
Laws of the Deathbed: A Study in Historical 7 See, for example, Sherwin B. Nuland, How
Jurisprudence,” Theoretical Inquiries in Law 4 We Die: Reflections on Life’s Final Chapter (New
(2) (2003): 729–761. York: A. A. Knopf, 1996).

Dædalus Winter 2008 61


Shai Lavi it the responsibility of the physician to sible position of simultaneously offer-
on
life “minister hope and comfort” to the dy- ing the verdict of hopelessness and
ing. Another such etiquette read: “Let the promise of hope. Both the modern
me here exhort you against the custom physician and patient were caught be-
of some physicians, who leave their pa- tween the fatality of the prognosis,
tients when their life is despaired of, knowing that nothing could prevent the
and when it is no longer decent to put approaching death, and the wish never
them to further expense . . . . Even in cases to stop pursuing some course of action.
where his skill as a physician can be of The option ‘simply’ to await death grad-
no further avail, his presence and assis- ually became unthinkable.
tance as a friend may be agreeable and The history of the nineteenth-centu-
useful both to the patient and to his ry medicalization of the deathbed can
nearest relations.”8 be told by pointing to different varia-
The new disposition of hope was more tions on this desire for hope in the face
than a mere psychological state or atti- of hopelessness. This disposition gave
tude of physician and patient; it colored rise to a variety of medical protocols for
the entire regime of caring for the dying. treating the dying, and it is in this con-
This modern sensibility replaced the text that euthanasia, too, emerged.
older ‘hope’ that characterized the tradi- ‘Heroic medicine’ offered one kind
tional deathbed: the Christian belief in of hope.11 This school of medical prac-
redemption, which had prevailed in ear- tice was founded in the late eighteenth
lier American ars moriendi.9 In fact, un- century, and was associated in America
der the new regime, the old ministers of with the work of Benjamin Rush. Rush
hope, as harbingers of death, were kept believed in the power of medicine to
away from the deathbed. But as mod- cure patients even in the most critical
ern medicine clearly could not offer the conditions. Rush and his followers held
promise of an otherworldly salvation, out the hope of full recovery, and its ef-
physicians opted for a more tangible and ½cacy depended on the use of extreme
limited hope: not the promise of a world and dangerous means. Heroic medicine,
to come, but a this-worldly guarantee a highly respectable practice at the time,
that as long as life persisted, something included bloodletting, purging, vomit-
could always be done for the dying pa- ing, and blistering. In the course of the
tient.10 nineteenth century most of these meth-
The turn to worldly hope did not re- ods became obsolete and the school lost
solve the paradox facing the medical much of its reputation, but one may rec-
doctor, but rather encapsulated it. Mod- ognize its imprint even today in high-
ern medicine found itself in the impos- risk surgeries and experimental medical
treatments.
A second variation on the theme of
8 John Gregory, Lectures on the Duties and Qual-
i½cations of a Physician (London: Alex. Smellie,
hope was the nonorthodox medical
1805), 37. practitioners, or ‘quacks,’ as their rivals

9 On the ars moriendi tradition, see David Wil-


liam Atkinson, Renaissance and Baroque Studies 11 On ‘heroic medicine’ and other schools of
and Texts, vol. 5, The English Ars Moriendi (New medical practice in nineteenth-century Ameri-
York: P. Lang, 1992). ca, see James H. Cassedy, Medicine in America: A
Short History, The American Moment (Baltimore:
10 Lavi, The Modern Art of Dying, 44–61. Johns Hopkins University Press, 1991).

62 Dædalus Winter 2008


labeled them. One of the deceitful strat- ent from the kind provided by his rivals. How dying
egies of the quack doctor was to give a The task of the physician was not merely became a
‘life crisis’
discouraging diagnosis of the patient’s to create a feeling of hope but to secure
condition, and then match it with an ex- one based on the real healing powers of
cessive con½dence in the powers of the medicine. Hooker describes this hope:
drugs that he could provide. Either the
The hope of the physician should be an
patient would recover, in which case his
intelligent hope. It should be based upon
medication would prove effective, or
just and de½nite conclusions. It should be
the patient would expire, in which case
discriminating, and should be varied in
his predictions would prove accurate.
its degree according to the character of
The medical establishment strongly op-
each individual case . . . . Hope may thus
posed such charlatanism and drew clear
be indulged in relation to the different
boundaries between true physicians and
stages of a case, without regard to the
imposters. These efforts led to the cre-
½nal event of it, which may be so distant
ation of the American Medical Associa-
and so clouded in doubt that no calcula-
tion in 1847 and to the of½cial certi½ca-
tions can be made in regard to it . . . . This
tion of doctors. The battle, however,
in many cases is much better than to come
was never completely settled, and the
to him every day with the simple expres-
demand for hope beyond the limits of
sion of the hope that he will at length re-
the medical establishment is prevalent.
cover. In the tedium of his con½nement
The hope offered by mainstream
if it be a long one, he soon tires of look-
physicians of the mid-nineteenth cen-
ing far ahead to the bright ½eld of conva-
tury, one which continues to dominate
lescence, but ½nds relief in the time and
today’s hospitals, was distinguishable
spots lighted up of hope by the way–
from both heroic medicine and nonor-
the oasis thus made in the desert of sick-
thodox treatment. This third variation
ness.13
of worldly hope was promoted in the
second half of the nineteenth century Hooker’s notion of “intelligent hope”
by ‘conservative medicine.’12 Found- expressed the modest megalomania that
ing ½gures of this school include Oliver distinguished the medical practices of
Wendell Holmes, Sr., and Worthington the latter half of the nineteenth century
Hooker. The group sought to lay new from heroic medicine in the ½rst half.
foundations to medical practice based It acknowledged the limitations of the
on the limited and veri½able power of medical profession but turned them into
medicine. These physicians strongly ob- a virtue. It is the only hope that the med-
jected to empty promises and unproven ical profession can guarantee with con-
remedies. Their position was not based ½dence, and it is the only hope that real-
on the moral objection that the end (a ly matters for the dying patient.
hopeful patient) could not justify the To this growing list of hopes at the dis-
means (deceit). In their mind, the kind of posal of the dying patient, we must add
hope that the physician was expected to now the hope in the form of the medical
minister to the dying patient was differ- hastening of death. It may be somewhat
surprising to add euthanasia to this list.
12 Martin S. Pernick, A Calculus of Suffering:
Pain, Professionalism, and Anesthesia in Nine- 13 Worthington Hooker, Physician and Patient
teenth-Century America (New York: Columbia (New York: Baker and Scribner, 1849), 345–
University Press, 1985), 22. 346.

Dædalus Winter 2008 63


Shai Lavi After all, what hope could there be in ing number of terminally ill patients,
on
life death? But once we see that the other nor because dying is now a more painful
medical treatments offered to the dying and prolonged process. The problem of
patient suffered from the same internal dying dates back to the late nineteenth
tension between limited hope and des- century–to the medicalization of death,
perate hopelessness, the connection be- and more speci½cally to the emergence
comes clear. The medical hastening of of a wish for an intelligible hope in the
death became a last resort to the prob- face of a hopeless existence.
lem of dying, a limited hope of mastery The solutions available to the dying
in the face of a hopeless condition. patient today are, in principle, the same
Holmes recognized how thin the line as the ones Americans had in the late
separating the medical prolongation of nineteenth century: heroic, alternative,
life and the medical hastening of death. and conservative prolongation of life,
“No human being,” he wrote, “can rest and active hastening of death. In the
for any time in a state of equilibrium end, none of these solutions have the
where the desire to live and that to de- power to overcome the crisis of dying.
part just balance each other.” As long In fact, Sandra’s case and its historical
as the patient is in good mind and hope- precedents demonstrate how these ‘so-
ful, he will not be bothered by incon- lutions’ form the setting in which the
veniences. But when hope of cure or contemporary crisis of dying takes place.
improvement are gone, “every incom- The absence of freedom has little to
modity stares out at him, each one of do with limitations on the freedom of
them packing up his little bundle of cir- choice, and much to do with the futile
cumstances and calling him to move attempt to subject dying to choice. The
to his new home, even before the apart- ethical signi½cance of euthanasia is re-
ment is ready to receive the new bodily vealed in the hubris of modern man’s
tenant.”14 desire to master death, the crushing of
Though Holmes was by no means this will, and its enragement once it
advocating euthanasia, his telling met- faces the limited solace offered by med-
aphor demonstrates how the modern icalized mastery.
impatience toward awaiting death gave An imagined interlocutor may chal-
rise to the medical hastening of death. lenge this bleak depiction of the mod-
Proponents of euthanasia believed that ern condition. Is there no alternative to
death should follow as soon as hope was the paradox facing the dying patient?
gone. If medicine cannot create hope, it Is there no Alexandrian sword that can
should hasten death. The modern death- cut this Gordian knot? If the crisis of
bed thus became, simultaneously, the dying is a result of the endless attempts
place where all hope is lost and the place to master death, can the dying patient
where a ½nal effort to overcome help- not adopt an alternative mindset of ac-
lessness includes the hastening of death. cepting death rather than attempting to
control it? Can contemporary patients
D ying has become a crisis in contem- not await death as was the old religious
custom of the ars moriendi tradition,
porary America not because of the grow-
which offered guidance to the dying pa-
14 Oliver W. Holmes, cited by E. P. Buffet, tient and her surroundings in the last ar-
“Pleasures of Dying,” New Englander and Yale ticle of life? Or, to raise a more contem-
Review 55 (1891): 240–241. porary solution, is the hospice not pre-

64 Dædalus Winter 2008


cisely this kind of alternative of accept- bring off something like that? How How dying
became a
ing death in an attempt to counter the can you even dare to think about it? ‘life crisis’
process of medicalization? If you were capable of it, you certainly
The existence of alternative ways of wouldn’t be in need of it.”17
dying need not be foreclosed. In the pri-
vate realm, in pianissimo, good deaths
are still possible.15 But for the majority
of the population, medicalized death–
whether in the hospital, nursing home,
hospice, or even private home–remains
the rule. The challenge of the medical-
ization of death borders the insur-
mountable. A simple refusal to accept
medical treatment is hardly a solution.
Remember Sandra. Such refusal is im-
mediately interpreted by the medical
profession as well as by surrounding
family and friends as a loss of hope, as
a passive withdrawal from the world,
as resentful rather than powerful. The
challenge before the dying patient re-
mains how to await death not out of de-
spair nor out of vanity. In the words of
Nietzsche on death, “One must turn the
stupid physiological fact into a moral
necessity. So to live, that one has also at
the right time one’s will to death!”16
It may seem that the right to die and
the legalization of euthanasia ful½ll
Nietzsche’s advice, but as we have seen,
euthanasia today stands for hope in fac-
ing dying rather than an acceptance of
death. A more appropriate account of
the modern condition can be found in
Kafka’s reflections on the will to die.
Referring to himself and thinking no
doubt of modern man, he wrote: “You,
who can’t do anything, think you can

15 Max Weber, From Max Weber: Essays in So-


ciology, ed. H. H. Gerth and C. Wright Mills
(New York: Oxford University Press, 1946), 155.

16 Compare Friedrich Nietzsche, Will to Power,


trans. Walter Kaufmann (New York: Vintage 17 Franz Kafka, as cited in D. J. Enright, ed.,
Books, 1968), sec. 916. I owe this revised trans- The Oxford Book of Death (New York: Oxford,
lation to Philippe Nonet. 1983), 96.

Dædalus Winter 2008 65


Jeff McMahan

Eating animals the nice way

M any people are opposed to factory nivorism generally believe that while an-
farming because of the terrible suffer- imal suffering matters, animal lives do not
ing it inflicts on animals, yet see no ob- –or at least not as much. They think that
jection to eating animals that are killed there is a strong moral reason not to
painlessly after having been reared in cause animals to suffer, and even to try
conditions that are at least no worse, to prevent them from suffering, but not
and are perhaps even better, than typi- a comparably strong reason not to kill
cal conditions in the wild. Let us refer them, or to ensure that they have longer
to this latter practice, in which animals rather than shorter lives.
are reared for human consumption but One possible basis for this view is the
in humane conditions, as ‘benign car- difference between how well off and
nivorism.’ When philosophers discuss how badly off it is possible for animals
the morality of this practice, they some- to be. Although animals are incapable
times argue that, unlike animals killed of the depths of psychological misery to
by hunters, animals that are raised to be which most human beings are suscepti-
killed and eaten would never have exist- ble, their capacity for physical suffering
ed if we had not created them in order to rivals our own. Yet their highest peaks of
eat them. If benign carnivorism enables well-being are signi½cantly lower than
these animals to have contented lives those accessible to most human beings.
that they would otherwise not have had, While some animals–dogs, for instance
it seems better for the animals as well as –experience exuberant joy more readi-
for the people who get to eat them. How, ly and frequently than many adult hu-
then, could such a practice be objection- man beings do, animals lack other di-
able? mensions of well-being that are argu-
Those who object to eating factory- ably more important, such as achieve-
farmed animals but accept benign car- ment, creativity, deep personal relations,
knowledge, aesthetic appreciation, and
Jeff McMahan is Professor of Philosophy at Rut- so on.
gers University and author of “The Ethics of Kill- There is another, possibly even more
ing: Problems at the Margins of Life” (2002). important, reason why animal lives mat-
ter less than animal suffering. Not only
© 2008 by the American Academy of Arts do animals’ future lives promise less in
& Sciences terms of both quality and quantity of

66 Dædalus Winter 2008


good than those of most human beings, suffering among animals is much more Eating ani-
but animals are also less strongly con- important than the extension of their mals the
nice way
nected to themselves in the future in lives. This is not to deny that there is a
the ways that make it rational to be signi½cant difference between persons
concerned about an individual’s future and animals in this respect. The goods
well-being for that individual’s own that are characteristic of human life are
sake now. Because they are not self-con- so much higher than those characteristic
scious, or are self-conscious only to a of animal life that it is rational for us to
rudimentary degree, they are incapable tolerate substantially more suffering in
of contemplating or caring about any- order to continue to live than it would be
thing more than the immediate future. acceptable to make an animal endure in
They do not, therefore, have desires or order to save its life. But the goods of an
intentions or ambitions for the future animal’s life weigh against the evils in
that would be frustrated by death.1 the same way that goods and evils weigh
Yet the lives of animals must matter against one another in the life of a per-
to some extent–that is, animals must son. It is just that animal goods are lesser
have an interest in living to experience goods, and therefore have less weight.
the goods that lie in prospect for them.
In particular, the goods that an animal’s
future life could contain must matter
According to some advocates of be-
nign carnivorism, it is precisely because
enough to justify allowing the animal the lives of animals raised in humane
to endure a certain, even considerable, conditions are good that the practice is
amount of suffering. For if an animal’s not only permissible but desirable. If the
avoidance of suffering were signi½cantly lives the animals have are good, and if
more important than its living to experi- they would not have existed at all with-
ence the goods that its future life could out the practice, then at the very least
contain, then it would be better for the benign carnivorism cannot be worse
animal to be painlessly killed before it for them. And since eating animals that
could undergo any suffering at all. have been humanely raised and painless-
But this is implausible. It can be better ly killed may be better for people than
for an animal to endure a certain amount having to go without meat altogether,
of suffering if the good experiences it the practice would be, at a minimum,
might have afterward would be suf½- better for some and worse for none–or,
cient to outweigh the suffering. We all as economists say, Pareto optimal. But
acknowledge this when we submit our it may even be better for everyone affect-
pets–just as we submit ourselves–to ed, animals included. (Here I ignore the
painful but life-saving medical treat- larger question of whether meat-eating
ments. is worse for people because it involves an
The upshot of these reflections is that inef½cient use of the world’s resources.)
there is reason to be skeptical of the While the case for benign carnivorism
widespread view that the prevention of is often stated this way, these claims are
misleading. The claim that benign car-
nivorism would not be worse for the
1 For discussion of the relevance of psychologi-
cal continuity within a life to the ethics of kill- animals that it would cause to exist is,
ing, see Jeff McMahan, The Ethics of Killing: strictly speaking, trivially true, while the
Problems at the Margins of Life (New York: Ox- claim that it would be better for them is
ford University Press, 2002), 39–43, 69–82. necessarily false. This is because ‘worse’

Dædalus Winter 2008 67


Jeff and ‘better’ are comparative terms, and de½nition aims to cause animals to exist
McMahan one element in each implied comparison with lives that are good–in which the
on
life is never existing at all. good elements outweigh the bad–it is
Consider the claim that it is not worse plausible to say that the practice is good
for an animal to be caused to exist. This for the animals it causes to exist, even if
is not a substantive claim. It is instead the ultimate aim is to make them avail-
true as a matter of logic, since it is inco- able for human consumption. While the
herent to suppose that an animal’s being practice also involves painlessly killing
caused to exist could be worse for it. Be- them, and while killing them is bad for
cause ‘worse for’ is comparative, the them, and worse for them than allowing
claim that it is worse for an individual to them to continue to live, the practice as
be caused to exist implies that it would a whole is still good for them, since their
have been better for that individual not to lives are good and otherwise they would
have been caused to exist–that is, never not have existed at all.
to have existed at all. But there cannot Benign carnivorism is, moreover, a
be anyone for whom it is better never to continuing practice. When some ani-
exist. mals are painlessly killed for consump-
Similarly, to say that it is better for an tion, others are caused to exist in their
animal to be caused to exist implies that place. The practice thus yields a contin-
it would have been worse for that same uous bounty of contented animals and
animal never to have existed. But again, contented diners.
there cannot be anyone for whom it is Before considering some objections to
worse never to exist. In one clear and rel- benign carnivorism, we should pause to
evant sense, there are no individuals who summarize and review the ideal condi-
never exist. tions of the practice.
It is thus true, even of an animal whose • The animals would have lives worth
life involves nothing but unrelieved ag- living. They would be well fed, protect-
ony, that it is not worse for it to exist.2 ed from predators, allowed the free ex-
It can certainly be bad for that animal ercise of their natural instincts, and at
to exist, and to have been caused to ex- least as well-off overall as their coun-
ist. ‘Bad’ is noncomparative. We can say terparts living in the wild.
that a life is bad if its bad aspects out-
weigh the good. And it can be bad for • They would not have existed if not
an animal to be caused to exist with a for the practice of benign carnivorism.
life that is bad–as is generally the case Moreover, it is not just that the particu-
of animals that are factory farmed. lar animals would not otherwise have
Just as it can be bad to be caused to existed; it is that far fewer animals with
exist with a life that is bad, so it can be lives worth living would have existed
good to be caused to exist with a life that in the absence of the practice.
is good. Since benign carnivorism by • The animals would be allowed to live
a considerable portion of their natural
2 Or, rather, not worse for it than never to ex-
ist. It does seem that to exist can be better or
life span before being painlessly killed.
worse for an individual than to cease to exist.
• Although killing the animals might de-
Contrary to what Epicurus once claimed, we
can make sense of the idea that there is some- prive them of several years of life, the
one for whom ceasing to exist is worse, or bet- amount of good they would thereby
ter, than continuing to exist. lose is comparatively slight.

68 Dædalus Winter 2008


• The signi½cance of the loss the animals It would be wrong presumably because Eating ani-
suffer must be discounted for the rela- persons have rights that constrain others mals the
nice way
tive absence of psychological unity in from using them in certain harmful ways
their lives. even when the practice that involves
using them in these ways would not be
• Those that are painlessly killed are re- bad for them, and might even be good
placed by new animals with lives that for them overall. It would not matter
are equally good. that we had brought these people into
• The pleasure that people get from eat- existence only on the condition that we
ing the animals is in general greater could kill them at the age of ½fty. Once
than the pleasure these people would they become persons, they have a right
have gotten from eating foods derived not to be killed. It would be irrelevant
entirely from plants. that it was good for them to exist and
The question now is whether a prac- that they would never have existed had
tice that has these features, or at least we not caused them to exist speci½cally
many of them, is morally permissible. in order to kill them for their organs.
If animals had the same rights as per-
O ne obvious point is that no one
sons, those rights would provide a de-
cisive objection to benign carnivorism.
would invoke the logic of the argu-
But it is hard to believe that killing an
ment just given to justify a parallel prac-
animal is morally objectionable for the
tice involving persons. Imagine that the
same reasons and to the same degree as
world’s population has reached a point
killing a person. Of course, human intu-
at which people have agreed to adopt a
itions about the moral status of animals
policy of replacement–that is, people
are so contaminated by self-interest and
may have a child only when someone
irrational religious belief as to be almost
dies, so that total population does not
wholly unreliable. Yet even most people
increase. Suppose further, however, that
who have become vegetarians or vegans
there remains a chronic shortage of do-
for moral reasons would accept the per-
nor organs and that many people contin-
missibility of killing an animal if what
ue to die for want of an organ transplant.
was at stake were as important as saving
In these conditions, people might agree
the life of a person. This would be true
to allow a certain number of people to be
even if the animal were one of the higher
born above the limit, provided that they
primates. Suppose, for example, that the
will be painlessly killed at the age of ½fty
painless killing of a single chimpanzee
in order to make their organs available
could save the lives of two ½ve-year-old
for transplantation. Even though these
children by making its organs available
people would have lives well worth liv-
for transplantation. Although virtually
ing and would never have existed had we
no one believes that it could be permis-
not caused them to exist to be able to use
sible to kill one ½ve-year-old child in
their organs, and even if the bene½ts to
order to use her organs to save two other
the recipients of their organs would be
½ve-year-olds, most of us believe that it
signi½cantly greater than the harm the
would be permissible to kill the chim-
victims would suffer (perhaps because
panzee, and could produce arguments to
their organs would be given only to re-
show that this belief is not speciesist but
cipients under the age of thirty), this
is based on morally signi½cant intrinsic
practice would clearly be wrong.
differences between chimpanzees and

Dædalus Winter 2008 69


Jeff normal ½ve-year-old human beings. But certain higher cognitive and emotional
McMahan if this robust intuition that xenotrans- capacities, such as self-consciousness,
on
life plantation can be permissible is right, autonomy, and rationality.
then animals do not have the rights that If I am right that animals do not have
we, as persons, have. the rights that protect persons from
It might be that animals have rights, certain forms of harmful using, we can-
but rights that are weaker than those of not reject benign carnivorism on the
persons. If so, an animal’s rights might grounds on which we would rightly re-
be overridden when it is necessary to ject a practice that would cause people to
kill it to save the life of a person, but not exist in order to use them later in harm-
when the only purpose that would be ful ways.
served by killing it is to enable someone Suppose, then, we consider benign
to enjoy the taste of meat. This view is, carnivorism in terms of the interests at
however, hard to reconcile with the na- stake. Consider an animal whose flesh
ture of rights. A right of a given type– could provide one meal each for twenty
in this case, a right not to be killed–is people. How might the human and ani-
generally held to be invariant in strength mal interests compare? It seems that
among all those who possess it. A theory we have to compare the animal’s inter-
that allowed the strength of rights of a est in continuing to live–a function
given type to vary with the strength of of both the amount of good that its life
the interests they protect would hardly would contain were it not killed, and
differ in substance from a theory enjoin- the degree to which it would be psycho-
ing respect for interests. logically connected to itself in the future
It might be, of course, that we attrib- –with twenty people’s interests in the
ute equal rights to all human beings in pleasure they would get from eating the
order to articulate a conception of hu- animal.
man equality. And it is compatible with It is important to stress that the peo-
human equality that animals could have ple’s interest is not in having the plea-
weaker rights of variable strength. But sure of eating meat rather than having
this view could be true only if species no pleasure at all; it is instead in the dif-
membership were relevant to the posses- ference in pleasure between eating meat
sion of rights, which I have argued else- and eating food derived from plants.
where is not the case.3 Given comparable investments in the
So if, as I believe, xenotransplantation procurement and preparation of the two
could be permissible, it seems that the types of food, this difference is likely to
explanation of why it may be wrong to be slight. Note also that the time that a
harm or kill animals for lesser reasons person spends tasting meat during a nor-
derives from a requirement of respect mal meal is not much longer than a few
for their interests. An appeal to rights is minutes. It therefore seems unlikely that
necessary only when a principle requir- the interests that twenty people each
ing respect for interests cannot account have in experiencing a few minutes of
for the moral reasons we seem intuitive- slightly greater pleasure could outweigh
ly to have. And these reasons seem to all the good that an animal’s life might
arise only in our dealings with individu- contain over several years, even when
als that have not only interests but also that good is heavily discounted for the
absence of signi½cant psychological con-
3 See McMahan, The Ethics of Killing, 203–217. tinuity within the animal’s life.

70 Dædalus Winter 2008


Some people will no doubt think: mal or otherwise, has an interest in be- Eating ani-
‘How typical, and predictable, that ing caused to exist. Interests arise only mals the
nice way
an academic philosopher would scorn, once an individual exists; therefore, to
or affect to scorn, the pleasures of eat- cause an individual to exist cannot be
ing. For most people, the pleasures of to satisfy any interest of that individual.
eating, particularly in a social context, It may be good for animals to be caused
are among the great goods of human to exist by the practice of benign car-
life.’ nivorism; but that is compatible with
But those who press this point under- there being no reason to have the prac-
mine their own case. It does seem that, tice that is grounded in animals’ interests.
for many people, meals and snacks are If, therefore, we evaluate the practice
among the few intervals of pleasure of benign carnivorism by reference to
that enliven their otherwise quotidian the interests it affects, it is at the point
lives. Yet anyone who has ever lived with at which animals that have been raised
dogs, horses, or other animals knows humanely are about to be painlessly
that many animals also take great plea- killed that the most important ques-
sure in eating. There is a reason why tion arises–namely, whether the kill-
eating is often referred to as an ‘animal ing can be justi½ed by reference to the
pleasure,’ in contrast, for example, to interests that are at stake. I have argued
the pleasure of listening to a symphony. that in general it cannot. The animals’
Thus, if we add up the differences in interest in continuing to live outweighs
pleasure that twenty people would get the human interest in eating them. That
at one meal from eating meat rather than those who now want to kill the animals
food derived from plants, and compare had earlier caused them to exist–an
that total pleasure with the pleasures act that was good for them–is, at this
that the animal would get from several point, irrelevant. One cannot plausibly
years of eating several times a day (not claim that in killing them one would be
to mention the other pleasures its life depriving them only of what one gave
would contain), it is scarcely credible to them in the ½rst place. That justi½cation
suppose that the people’s interests could would allow parents to kill their chil-
outweigh those of the animal. dren. Whatever good the practice has
It may seem that we have lost sight bestowed on animals up to this point
of the important point I highlighted cannot be cited as credit from which the
earlier: that the animals that would be killing can now be debited.
eaten in a practice of benign carnivor- The argument for having a practice
ism would owe their existence to the of benign carnivorism appeals to two
practice. They would have many meals, considerations: the human interest in
and therefore much pleasure, but only eating meat, and whatever impersonal
if people were to bring them into exis- reasons one might have to cause ani-
tence in order to eat them. Surely, one mals to exist with lives that would be
might argue, we ought to take this fact good for them. In general, we assign
into consideration in assessing how the little or no weight to impersonal rea-
practice of benign carnivorism bears on sons to cause individuals to exist. We
both human and animal interests. do not, for example, accept that there
There are, however, no animal inter- is a signi½cant moral reason to cause
ests that favor instituting a practice of a new person to exist simply on the
benign carnivorism. No individual, ani- ground that the person’s life would

Dædalus Winter 2008 71


Jeff be good.4 It would be surprising if we to kill and eat them, but now realize
McMahan thought there were any impersonal rea- that their interest in continuing to live
on
life son to cause animals to exist simply outweighs our interest in eating them.
on the ground that their lives would What is the alternative to killing them?
be good. If we now refrain from killing them, are
(There is, however, a deep, unresolved we morally required to continue feeding
problem here. Although we deny that and caring for them until they die natu-
there is a signi½cant impersonal reason rally?
to cause individuals to exist because If we are not required to continue to
their lives would be good, we accept provide for them, it seems that we must
that there is a signi½cant impersonal be permitted to release them into the
reason not to cause individuals to exist wild. But animals that are bred for hu-
if their lives would be bad. These intu- man consumption are, like domesticat-
itions are entirely compelling: while ed pets, largely incapable of surviving
there is no moral pressure to have chil- in the wild. Even the most hardened an-
dren, or to breed animals, just because imal-rights activists usually favor the
they would be happy, there is strong painless killing of domesticated animals
moral pressure not to cause people to for whom no home can be found. They
exist if their lives would be utterly mis- regard it as a form of euthanasia, since
erable. To my knowledge, no one has animals unsuited to life in the wild are
offered a satisfactory explanation of likely to suffer from hunger and disease
this puzzling asymmetry.) before being painfully killed by a preda-
The defender of benign carnivorism tor or an automobile. But if it is better
might concede that while there is no for domesticated animals to be painless-
strong positive case in favor of the prac- ly killed than to be allowed to suffer a
tice, such a case is unnecessary. All that slow and miserable death in the wild,
is necessary is that the practice be per- it seems permissible after all to kill ani-
missible. Our interest in having it will mals raised as part of the practice of be-
then supply the motivation to imple- nign carnivorism. But if we can permis-
ment it. Yet considerations of interests sibly kill them, why can we not eat them
suggest that it is in fact not permissible. once they are dead?
Given the interests at stake, we cannot What is questionable here is the as-
justify the killing that is involved in be- sumption that one can cause an individ-
nign carnivorism. ual to exist for purposes of one’s own
without acquiring responsibilities. To
Two lines of argument are open to the cause an individual to exist in a vulnera-
ble and dependent condition is arguably
proponent of benign carnivorism at this
point. First, suppose we have caused cer- to make oneself liable to certain duties
tain animals to exist and raised them of care. It seems wrong to cause an indi-
humanely in order to eat them. We have vidual that is incapable of surviving in
reached the point at which we planned the wild to exist and then to abandon
it in the wild. One must either refrain
4 That is our intuition in current conditions. from causing it to exist or else arrange
But this intuition may reflect a deeper belief
that good lives have a diminishing marginal
for it to have the care it requires once it
impersonal value. If the human race were on exists.
the verge of extinction, we would have a very The second line of argument open to
strong reason to cause new people to exist. the defender of benign carnivorism in-

72 Dædalus Winter 2008


volves distinguishing between the prac- ble. We could also permissibly threaten Eating ani-
tice as a whole and the act of killing in a country with retaliatory annihilation mals the
nice way
particular. One can argue that, while to deter a nuclear ½rst strike. But if this
killing the animals is bad for them, and threat were to fail and the enemy coun-
worse for them than enabling them to try were to launch a ½rst strike, it could
continue to live, the practice as a whole, not possibly be permissible at that point
which includes the act of killing, is good to ful½ll our threat by annihilating the
for them. It seems a mistake to allow enemy country when doing so would
the evaluation of one component of the serve no purpose whatsoever. This
practice to determine the value of the shows that the permissibility of individ-
practice as a whole. Perhaps we should ual acts is determined by the considera-
regard the practice as a whole as the ap- tions that favor them at the time of ac-
propriate unit of moral evaluation, and tion and cannot be derived from the de-
consider the act of killing only insofar as sirability of the larger practices in which
it is a component of the practice. they are embedded.
Debates about both punishment and
nuclear deterrence have familiarized us
with the idea that the rationality or mo-
My rejection of this defense of benign
carnivorism suggests, perhaps surpris-
rality of an act can be determined by the ingly, that a different form of benign
rationality or morality of a strategy or carnivorism could be permissible. The
policy in which it is embedded. Some argument for punishment cited above
philosophers have argued that if it is per- begins with an example of a single act–
missible to threaten a potential criminal the programming of an automatic pun-
with punishment by programming a de- ishment device–that has two effects:
vice that will automatically punish him strengthening the deterrence of offenses
if he commits a crime, then it must also and imposing a risk of retaliatory harm.
be permissible to disaggregate the auto- The legitimate deterrent aim may justify
matic punishment strategy into its con- the risk, thereby making the single act
stituent parts by separately threatening permissible, even when it results in the
punishment and then ful½lling the threat actual infliction of harm.
if it is de½ed. The permissibility of each The problem with the argument is
component is thought to follow from the that it does not follow that if each effect
permissibility of the strategy as a whole. were the result of a different act, both
But this reasoning is mistaken. It can acts would be justi½ed. Just as our actual
be permissible to bring about a series of practice of punishment involves two dis-
effects through a single act, and yet not tinct acts–threatening punishment and
be permissible to bring about each of inflicting it–so benign carnivorism, as
the effects through a series of acts. This conceived by its proponents, involves
becomes clear when we consider a paral- both causing animals to exist and then
lel argument about nuclear deterrence. later causing them to cease to exist. But
Suppose that we could permissibly pro- what if we could bundle both these ef-
gram an automatic nuclear retaliatory fects into a single act, in the way that
device to annihilate an enemy country if making a threat and ful½lling it are bun-
it strikes us ½rst, provided that program- dled together in the programming of the
ming the device would have a high prob- automatic punishment device?
ability of deterring a nuclear ½rst strike Here is how it might work. Suppose
that would otherwise be highly proba- that we could create a breed of animals

Dædalus Winter 2008 73


Jeff genetically programmed to die at a com- I doubt that anyone would ½nd this
McMahan paratively early age, when their meat proposal attractive. And it is not obvi-
on
life would taste best. We could then have ous that we could explain the difference
a practice of benign carnivorism that between this practice and the parallel
would involve causing such animals to form of benign carnivorism by reference
exist, raising them for a certain period to people’s rights. For the objection to
in conditions in which they would be causing such people to exist does not
content, and then simply collecting their seem to be that it would violate their
bodies for human consumption once rights. Although some defenders of
they died. Such a practice would not be rights might disagree, it would not be
bad for the animals and would arguably wrong to have such a child, when any
be good for them, since they would have child one might have could inherit a
lives worth living and would not have genetic defect that would prevent him
existed at all if not for the practice. And from living beyond the age of ½fty. Nor
the practice would not involve doing would having such a child be permissi-
anything to them that would be against ble only because the procreative rights
their interests, such as killing them. of the parents would override the rights
Note that the practice would not cause of the child. Rather, there does not seem
the animals to live shorter lives than to be any right to a possibility of living
they might otherwise have had. Other beyond ½fty. So the objection to caus-
animals with a different genetic nature ing people to exist who would be pre-
might have been caused to exist instead, programmed to die at age ½fty must, it
and these animals might have lived lon- seems, be impersonal and comparative
ger. But none of the animals caused to in character. That is, it seems wrong to
exist by the practice could have lived cause such people to exist only because
longer than they did (unless we also had we could cause other people to exist in-
an antidote to the genetic modi½cation stead who would not have the genetic
–but for the sake of argument, let us as- limitation, despite the fact that causing
sume that we would not). these different people to exist would not
This form of benign carnivorism es- address the problem of organ shortages.
capes the objection I pressed against One might argue that the objection to
the more realistic form that many peo- this parallel practice involving human
ple have advocated. Yet notice that again beings cannot be simply that it would
a parallel practice involving persons have been better to cause other people
would not be permissible. Again imag- who could have lived longer to exist in-
ine that we have adopted a rigid policy stead. In the circumstances, it would in
of forcing the birth rate to track the fact be worse overall to cause such peo-
death rate. But we are now considering ple to exist, since their existence would
bringing a limited number of people in- exacerbate the population problem
to existence above the replacement lev- without solving the organ shortage
el, but only to use their organs to solve problem. The real objection, one might
the problem of organ shortages. In this argue, concerns equality. The genetically
version of the example, however, they preprogrammed people we might cause
would not have to be killed on reaching to exist would be our moral equals, but
the age of ½fty. They would instead be we would have deliberately ensured that
genetically programmed to die with their lifelong well-being would be lower
healthy organs at that age. than that of most other people. To create

74 Dædalus Winter 2008


a distinct group of people with reduced their state of health, most people would Eating ani-
longevity would be inegalitarian. support efforts to eliminate this gene via mals the
nice way
Note that this objection also takes an voluntary selection. That is, most peo-
impersonal form. If the inequality creat- ple would favor making it possible for
ed by causing the new people to exist potential parents to have themselves or
is objectionable, it is not because it is their embryos screened for the gene in
worse, or bad, for the worse-off people. order to prevent the birth of people who
Because these people’s lives would be would have it. Certainly we would not
well worth living, it is, if anything, good welcome the presence of this gene be-
for them to exist. Inequality that is not cause it would help make more organs
worse for anyone may well be morally available for transplantation.
objectionable, but it is not objectionable But if we found a naturally occurring
enough in this case to explain our sense strain in some animal species whose
that it would be wrong to cause these members were genetically determined
people to exist with a genetically prede- to die prior to the onset of age-related
termined limit to their longevity. deterioration, we might welcome this
One other possible explanation is that discovery as making possible a practice
to cause these people to exist would be of benign carnivorism that would not
to use them for the sake of others. Yet require either the killing or the genetic
that objection may not apply if our pol- modi½cation of the animals we would
icy was never to use such people’s or- consume. There would, it seems, be no
gans without their freely given consent. more reason to eliminate the gene than
Some might refuse. But we could create there is to try to increase the life spans of
just enough for it to be statistically pre- shorter-lived species to match those of
dictable that there would be enough vol- longer-lived species. This, at any rate, is
unteers to solve the problem of organ the common intuition. Whether it is to
shortages. be trusted is another matter.
In the hypothetical example, it seems
wrong, intuitively, to cause people to ex-
ist with a genetically determined maxi-
The only form of benign carnivorism
that is possible now–raising animals
mum life span of ½fty years. But it is humanely and killing them painlessly–
not clear why exactly this is wrong. This seems morally unjusti½able because the
leaves open the possibility that the ex- interest the animals would have in not
planation of why it is wrong, whatever being killed would decisively outweigh
it may be, will apply as well to the sec- the interest people would have in killing
ond form of benign carnivorism. and eating them. It does not, however,
Yet there seems to be an interesting seem morally objectionable to eat an
difference between causing human be- animal that has died of natural causes,
ings to exist who are preprogrammed to which suggests that it could be permissi-
die prematurely and causing animals to ble to use techniques of genetic modi½-
exist that are preprogrammed to die in cation, when they become available, to
good health at a certain age. Suppose create animals that would die naturally
that in each case the preprogramming on a predictable schedule and in good
was a result of a random mutation rath- health. It is hard to see what could be
er than of human choice. If some human wrong with this practice, though a par-
beings were found to have a gene that allel practice involving human beings
caused them to die at age ½fty no matter would not be permissible, which casts

Dædalus Winter 2008 75


Jeff some doubt on the permissibility of the
McMahan practice involving animals.
on
life We might go further and imagine a
version of benign carnivorism based
on genetically modifying animals so
that they would not only die in a heal-
thy state on a predictable schedule but
also enjoy longer lives than their unmo-
di½ed counterparts. This possibility,
however, highlights a problem that af-
flicts all the variants of benign carnivor-
ism we have considered–namely, that
because the animals would be raised in
humane conditions and would live for
more than just a short period, we would
have to invest more in each animal than
we currently do in factory-farmed and
intensively reared animals. This greater
investment would force the unit price
up and cause economies of scale to de-
cline. Meat would become a luxury
available on a regular basis only to the
rich. While this outcome would be ob-
jectionable on grounds of equality, it
might not be so bad on balance, since
decreased consumption of meat would
very likely improve the health and lon-
gevity of the general population. Almost
any shift away from the ways in which
meat is currently produced and con-
sumed would be better for both animals
and people.5

5 I am grateful to Joshua Knobe for stimulating


conversation, and to Derek Par½t for extensive
and illuminating written comments on an earli-
er draft of this article.

76 Dædalus Winter 2008


Adrian Woolfson

Synthetic life

I n 1540, the German cartographer anticipation of the synthetic future of


Sebastian Münster published the ½rst life, and indeed his tacit appreciation
accurate map of the African subconti- of the fact that material existence repre-
nent. Contrary to the Ptolemaic view– sents only a fraction of natural and arti-
in which Africa, Antarctica, and part ½cial possibility.
of Asia formed a single southern land In the spirit of Münster, it is possible
mass known as Terra Incognito–Africa to explore the idea of compiling a ‘li-
emerged as a discrete entity in Münster’s brary of all possible creatures,’ a data-
representation. Improvements in ship- base of dna sequences of all species,
ping and navigational techniques, such past, present, and future. With this data-
as triangulation and calculation of lon- base, we may be able someday to recre-
gitude, made this map possible. These ate extinct species and even create en-
methods enabled transoceanic voyagers tirely new ones.
to locate their positions in the absence Like Münster’s rudimentary yet imag-
of landmarks, thus facilitating the explo- inative map of Africa, the library–also
ration of new areas. called ‘dna Sequence Space’–has a
Münster’s map was also remarkable distinct mathematical reality. But in
for its unusual depiction of Africa’s wild- contrast to conventional terrestrial do-
life. In his exposition, the Dark Conti- mains, this space is boundless, and so
nent teemed not only with convention- appears on ½rst inspection to defy carto-
al creatures like elephants and parrots, graphical representation or even rational
but also with mythical ones such as one- exploration. Fortunately, like the corpo-
eyed Monoculi. The incorporation of real continent that underwrites Mün-
imaginary beasts suggests Münster’s ster’s accurate but nevertheless fanciful
depiction, at least a small portion of this
Adrian Woolfson is ceo of ProteinLogic and apparently limitless landscape can be
teaches medicine at the University of Cambridge. mapped. This is signi½cant, as it is this
He is the author of “Life Without Genes” (2000) region that–much like the former coal-
and “An Intelligent Person’s Guide to Genetics” ½elds of the industrial North England–
(2004). may most economically yield rich seams
of potential life. What we need, though,
© 2008 by the American Academy of Arts is a method of predicting the location
& Sciences of these ‘coal½elds,’ which contain the

Dædalus Winter 2008 77


Adrian mathematical structures that are able, in realized. A simple thought experiment
Woolfson
on principle, to encode processes of life, as can help illustrate this idea.
life well as the means of deciphering them. Imagine, for instance, a creature that
Navigating the contours of this com- is half tiger and half dog. Now imagine
plex, rugged, and tortuous mathemati- that this tiger-dog becomes extinct.
cal terrain is onerous and not without The fact that the tiger-dog once existed
its own dangers. But its exploration means that, in principle, a genome se-
and eventual mapping will ultimately quence capable of computing it exists.
be far more important than the discov- Thus, the potential to construct this
ery of the Americas, Antarctica, or any creature predated its existence and in-
other continent. For within this vast deed persists beyond its extinction. But
and mostly uncharted Borgian space, even if the tiger-dog had never existed,
all life’s possibilities may be found: the the possibility of its existing at some
morphological secrets of existing life point in the future would have remained
as well as of every potential living thing. intact.
The moment we complete this project, It turns out that a tiger-like dog did
life will become dissociated from the once exist in Tasmania until only very
natural evolutionary processes that recently. A visitor to the Hobart Zoo
have shaped it from its inception. New in 1933 might have marveled at the last
arti½cial modes of creation will then living example of the Tasmanian tiger,
supplement, perhaps even supplant, also known as the Thylacine or Thyla-
such conventional historical mecha- cinus cynocephalus. This curious and
nisms. somewhat unlikely creature resembled
a large, short-haired dog with a tail rem-
Having sketched the nature of the iniscent of a kangaroo’s. Its yellow-
brown coat had a distinctive striped
project, its complexity, and its poten-
tial impact, I would like to trace an out- pattern, as did its rump and tail. These
line for its execution. Like the peripatet- markings gave the Thylacine its tiger-
ic mariners that navigated the Earth’s like appearance. Concerned about the
uncharted oceans without the luxury of loss of domestic animals to this success-
maps, we will hardly be able to achieve ful predator, the Van Diemen’s Land
success in a task of this magnitude with- Company put a bounty on the Thylacine
out an armory of appropriate technolog- around 1830. Numbers of the Thylacine
ical innovations–the sextants and longi- declined rapidly, and before long, the
tudes of our day. Fortunately, a selection species was close to extinction. The Ho-
is already close at hand. bart Zoo Thylacine was the last-known
But before we can go over the steps captive example; and despite occasional
in creating this database, we must ½rst reports of sightings in the wild, the Thy-
acknowledge that this expansive mathe- lacine is now thought to be extinct. All
matical edi½ce is not metaphysical. In- that remains is a disparate collection
stead, it is grounded in mathematical of photographs, skeletons, and a short
Platonism, which recognizes the immu- grainy black-and-white ½lm in which
table and eternal mathematical reality the Hobart Zoo Thylacine is seen pacing
of logical propositions. In this case, the frenetically back and forth in a painfully
logical propositions pertain to the de- inadequate and featureless enclosure.
scription and construction of organisms, In what sense might we describe an
whether living, extinct, or never before extinct Thylacine as having a timeless

78 Dædalus Winter 2008


Platonic reality in mathematics that From here, it follows that, like the Synthetic life
transcends the existence of any indi- Thylacine, which once existed and has
vidual example? A few samples of pre- subsequently become extinct, there
served Thylacine flesh and bone per- must be countless other creatures that
sist in museum collections around the have not had the chance to exist and for
world. Indeed, a team headed by Don which we could ½nd perfectly plausible
Coglan of the Evolutionary Biology dna sequences. We might discover such
Unit at the Australian Museum managed sequences mathematically on a comput-
to recover intact dna from some speci- er or de½ne them arti½cially from ½rst
mens. The fact that the attempt met with principles.
only limited success reflects the poor The history of life on Earth has sim-
state of the starting material, rather than ply been too short to realize more than
any intrinsic obstacle to the resurrection a fraction of the wealth of possibilities
of this extinct organism. contained with dna Sequence Space.
Had the dna been better preserved, The exploration of this space by natural
it would have been possible, at least in processes like natural selection has fur-
theory, to reconstruct a Thylacine ge- thermore been subject to constraints
nome in its entirety. We could then have and historical contingencies. These have
placed the reconstructed genome into ensured that the history of life on Earth,
an appropriate egg, either natural or ar- like a river snaking through an unpre-
ti½cial, which we might have then used dictable and perilous mountain land-
to generate some or all of the structural scape, has taken a well-prescribed, nar-
and functional characteristics of a his- rowly de½ned, and ultimately highly
torical Thylacine. Naturally, some fea- constrained pathway. In some cases, we
tures might not have been encoded in have overlooked potential creatures sim-
its dna. Its cry, for example, was prob- ply because we had no easily accessible
ably transmitted through cultural rath- route by which to reach them. In others,
er than genetic means. Such aspects of chance events may have extinguished
the historical Thylacine are therefore rivulets of life, ensuring that we neither
likely to be irretrievable. This is not to explored in the ½rst instance nor revisit-
say, though, that we could not infer the ed certain regions of dna Sequence
broad features of these types of charac- Space.
teristics.
Once we can create a physical facsimi-
le of an extinct Thylacine by amplifying
Once we have established the frame-
work of this grand enterprise, we must
and pasting together fragments of dna ½rst address the technological issue of
recovered from the flesh of a formerly how to compile a suf½cient–or better,
living example, it becomes clear that exhaustive–database of dna sequences.
natural material is not a prerequisite This task requires sequencing the ge-
for such activities. Indeed, if a dna se- nomes of all known living things and of
quence that corresponded exactly or any recoverable genetic material from
closely to that of a historical Thylacine extinct creatures. Sequencing is the pro-
were discovered by chance in dna Se- cess that deciphers a genome’s unique
quence Space, this purely arti½cial se- combinatorial string of four different
quence might just as readily provide the dna building blocks. This string chemi-
genomic substrate for the generation of cally encodes the core information that
a facsimile Thylacine. directs the assembly and operation of

Dædalus Winter 2008 79


Adrian living things. This information basical- represents a giraffe-like creature, or
Woolfson
on ly translates into the proteins that un- simply, a giraffe. Similarly, when we
life derpin the structure and function of all enter the genomic sequence of a flamin-
known life on Earth. go, the machine should conclude that
Whereas current sequencing technolo- the sequence belongs to a pink, long-
gies are able to decipher the genomes of necked bird–or better, it should infer
small organisms like yeast and bacteria that this is a flamingo.
in a matter of months, a complete inven- Preferably, the algorithm should pre-
tory of the genomes of all known spe- dict not just the morphology of the or-
cies, many of which are far larger, will ganism, but its biochemistry and be-
require signi½cant improvements in havior as well. And a truly universal al-
dna sequencing technology. Without gorithmic engine should be capable of
such innovations, a task of this magni- computing with a certain degree of ac-
tude is both unrealistic and untenable. curacy the morphological structure of
Such technological advances, however, any organism, even if the sequence is
are forthcoming; and it is easy to imag- arti½cial or the organism has never for-
ine a time in the near future when we mally existed.
will be able to obtain complete genome The construction of this universal
sequences of any complexity within a algorithmic machine is materially con-
matter of minutes, or even instanta- tingent on the successful completion of
neously. the dna sequence database. Only then
The compilation of an exhaustive will the algorithmic machine have ex-
database will also necessitate an exten- posure to enough sequences for it to
sive trawl of every available niche and be adequately trained. Success in this
microenvironment, so as to capture as domain thus depends on the maturation
many examples of the different species of the science of comparative genomics,
on Earth as is practically possible. But namely, the process by which the fea-
once we have obtained a database of ge- tures of the genome of one species are
nome sequences ranging from the most systematically compared with the fea-
insigni½cant Amazonian beetle and ob- tures of another. Ideally, the discovery
scure microorganism to antelopes and of structural genomic patterns correlat-
zebras, we will be able to begin search- ing with speci½c macroscopic features,
ing for predictive architectural features such as a ½n or a wing; microscopic fea-
that facilitate the interrogation and tures, such as the architecture of a liver
subsequent interpretation of target un- sinusoid as opposed to that of connec-
known sequences. tive tissue; and molecular features, such
Following the successful compilation as a metabolism based upon oxygen as
of an extensive, and ideally complete, opposed to hydrogen cyanide, will be
dna sequence database, we will need performed in silico by specialized ma-
to establish a universal algorithmic ma- chine code capable of automatically dis-
chine capable of computing the struc- cerning such fundamental relationships.
ture and function of any organism from Once we have a machine able to com-
the abstract mathematical notation of pute the likely structure–both internal
its genomic structure. For example, if and external–of the organism the se-
we fed the genomic sequence of a giraffe quence represents, we will need to de-
into this hypothetical machine, it should velop a search engine that can navigate
recognize that the inputted sequence dna Sequence Space ef½ciently, and sys-

80 Dædalus Winter 2008


tematically compute every possible se- have many bene½ts, including, for exam- Synthetic life
quence housed within the space. In this ple, advances in medicine, improve-
way, we could, in principle, get descrip- ments in food and energy production,
tions of the sequences of all actual and and the colonization of hostile environ-
potential living things. After the exhaus- ments both on Earth and elsewhere.
tive exploration and testing of a signi½- But it is also necessary to recognize
cant portion of dna Sequence Space, the inevitable occurrence of ‘impossible’
we could then use the information to creatures within mathematical space.
form a comprehensive ‘Life Map.’ It Although morphologically plausible,
would contain all of the inferred biologi- such creatures would be incapable of
cal possibility extracted from a circum- initiating or sustaining a life process.
scribed region of dna Sequence Space. For example, imagine a dna sequence
Although the majority of the creatures that encodes an oak tree the height of
unearthed in this process would not ex- the Empire State building. Such an or-
ist or have existed, we would assign each ganism might be morphologically plau-
potential organism a coordinate on this sible, but it is unlikely to function at
map. the physiological level. Other creatures,
The next issue to address is whether it though on ½rst inspection appearing sus-
is possible to translate the abstract logic tainable, might on closer reflection be
of synthetic genomes into the molecular shown to be incapable of existence with-
hardware of living creatures. In the case in the parameters of physics and chem-
of simple synthetic organisms that mim- istry. A butterfly with wings the size of
ic the fundamental features of their nat- tennis courts might survive in a weight-
ural asexual counterparts, generating less environment, but it is unlikely to fly
arti½cial cells capable of accommodating when exposed to the gravitational pull
the arti½cial genomes should suf½ce. In of the Earth. This is not to say, though,
the case of more complex synthetic or- that such creatures might not flourish
ganisms that mimic the features of sex- in some as yet unidenti½ed alternative
ually reproducing organisms, however, world.
we will have to develop a way to con- Synthetic life might, in fact, employ
struct arti½cial eggs so as to enable the software and hardware technologies dif-
information in synthetic genomes to be ferent from the dna ‘software’ and pro-
read. tein ‘hardware’ that have formed the
informational and structural substrates
The development of a predictive algo- for life probably from its inception. Al-
though evolution by natural selection
rithm able to compute dna sequences
of uncertain provenance leads logically has chosen these technologies as the
to the possibility of a methodology capa- core technologies of all life, it is possible
ble of both designing and constructing to imagine alternative technologies that
new genomes from ½rst principles. Us- might form the basis of the essential in-
ing such constructional principles, we formational and structural chemistry of
should be able to generate organisms living things someday. But to discover
with entirely new properties, some or all such creatures we may need to hunt in
of which may never have been encoun- places other than dna Sequence Space.
tered in the natural world, either indi- Besides these physical constraints, we
vidually or in combination. The intro- must acknowledge limitations to the
duction of such novel properties may computability of dna sequences. The

Dædalus Winter 2008 81


Adrian entirety of this enterprise is predicated be the greatest enterprise of the twenty-
Woolfson
on on the assumption that the class of logi- ½rst century. With the basic universal
life cal propositions representing the struc- algorithmic machine and synthetic tool
ture and function of living things is com- kit in place, humanity will at that point
putable, at least in principle. Although enter a new age of mathematical cartog-
this is likely to be the case many times, raphy: the constructional, and principal-
we should not be greatly surprised when ly computational, science of synthetic
things occasionally turn out differently. life will enable the delineation of quali-
The intrinsic noncomputability of cer- tatively different types of maps than
tain sequences has two principal com- those created by conventional cartogra-
ponents. The ½rst is an exclusively math- phers. These new virtual maps will al-
ematical consequence issuing from Gö- low us to catalog the creatures that, like
del’s theorem: there are likely to be ‘un- Ebenezer Scrooge’s Christmas ghosts,
decidable’ logical propositions that can- inhabit both the past, present, and fu-
not be shown de½nitively to be either ture, and which populate the knotted
true or false. And just as there are logical and twisted mathematical landscapes of
propositions whose solutions defy com- the ‘library of all possible creatures’–a
putation, there are likely to be genomes single de½nitive and exhaustive invento-
and aspects of living things that are simi- ry of all living possibility.
larly not computable. It is impossible to predict the conse-
Second is the fact that the dna se- quences of innovations within the ½eld
quence alone does not contain all the of synthetic life, and of the paradigmatic
important components of the informa- shift from natural life that is generated
tion of living things. The phenomenon by historical processes of natural selec-
of genomic imprinting is responsible tion, to synthetic life that is designed in
for silencing some genes by selective silico and subsequently constructed from
‘epigenetic’ chemical modi½cation, in a ½rst principles. The end of natural selec-
process known as methylation. The loss tion as the principal agent of speciation
of such essential information by the rep- will be an unprecedented milestone in
resentation of a sequence isolated from human existence. Needless to say, the
its methylation imprint might in some consequences will be far-reaching, as
or many instances render interpretation the distinction between natural and ar-
impossible. ti½cial will become nothing more than
This insurmountable constraint pre- a historical curiosity. Indeed, the ques-
scribes a ½nite limit to the mathematical tion as to whether something is natural
space we can navigate. It is possible to or arti½cial might itself become quite
imagine, though, that we might one day absurd (in a manner reminiscent of the
overcome this inability to incorporate question mooted by Alan Turing of
epigenetic factors by the mathematical whether it might be possible to demon-
construction and subsequent explora- strate that a machine able to convince us
tion of an ‘Epigenetic Space.’ This is an that its behavior is the product of con-
even more complex computational task, scious awareness is actually capable of
however, and may consequently, at least conscious awareness).
for the time being, be unattainable. This technological transition depends,
at least for the time being, on the preser-
D espite these constraints, it should be vation of the natural world and on the
systematic documentation of all its con-
possible to commence what is likely to

82 Dædalus Winter 2008


tents. This absolute dependence on the Synthetic life
extraction of genetic information from
multiple and diverse genomic sequences
highlights the importance of every sin-
gle species on Earth, however obscure
and apparently irrelevant. It consequent-
ly demonstrates par excellence the impor-
tance of preserving our environment
and each of the niches within it, and of
maintaining an archival example of ev-
ery known species on Earth in a genomic
Noah’s Ark. This biological zoo of geno-
mic material holds the key to the explo-
ration of the mathematical zoo, upon
which the continuation of the human
species, and indeed all life, may one day
depend.

Dædalus Winter 2008 83


Poem by Ted Richer

Anon

Love.

I am.

Anonymous.

When I write:

. . . yf my love wer in my armys

and I yn my bed agayne

To you.

Thus.

Love.

I am.

Anonymous.

84 Dædalus Winter 2008


When I write:

. . . if my love were in my arms

and I in my bed again

To you.

Thus.

Love.

I am.

Anonymous.

When I write:

To you.

Thus.

Love.

I am.

Anonymous.

Dædalus Winter 2008 85


When I write.

Thus.

Love.

I am.

Anonymous.

Ever.

And.

Anon.

Ted Richer teaches at the Massachusetts College of Art in Boston. He is the author of “The Writer in the
Story and Other Figurations” (2003). His poems have also appeared in such journals as “Agni,” “Liter-
ary Imagination,” the “Harvard Review,” and the “James Joyce Quarterly.”

© 2008 by Ted Richer

86 Dædalus Winter 2008


Fiction by Chris Abani

Three Letters, One Song & A Refrain

This red string is for you, Mama on the floor didn’t move. When I looked,
his eyes didn’t meet mine. I guessed he
Dear Mama, was about forty. Maybe it was his grey-
ing hair. There are many stories in the
This is a kind of letter, though I am camp about men like this. Ordinary men
writing most of it in my heart, for you, who because we are at their mercy here
for me, for a time when I can speak it. in Thailand, far from our home in Bur-
This torn and bloodied sheet should ma, take advantage of us like this. A rage
be enough, but words bring clarity. blacker than any mud I have seen came
My ½rst thought after it happened was over me, and I grabbed the sheet. At ½rst
that I should wash the sheet. I should I meant to strangle him with it but hesi-
take it home and wash the shame from tated when I saw him stir, saw the hate
it. But something stayed my hand. I was in his eyes return. Instead I swallowed
afraid to take the sheet at ½rst, afraid of the bitter taste in my mouth and stuffed
him. For what seemed like a long time, the sheet into the small raf½a bag I had
I couldn’t look at him. But it couldn’t brought. You must take me back to the
have been that long because his shadow camp now, I said. You must take me
home.
Chris Abani’s prose includes the novels “Masters On the ride back, I sat shakily on the
of the Board” (1985), “GraceLand” (2005), back of his motorcycle; the wind was
and “The Virgin of Flames” (2007), and the like ice on my skin. I knew it wouldn’t
novellas “Becoming Abigail” (2006) and “Song be long before the rain came. I had noth-
for Night” (2007). His poetry collections are ing to cover myself with. The man was
“Kalakuta Republic” (2001), “Daphne’s Lot” wearing a yellow rain slicker that en-
(2003), “Dog Woman” (2004), and “Hands sured he would stay warm and dry. I
Washing Water” (2006). He is an associate pro- had no choice but to wrap myself in the
fessor at the University of California, Riverside, sheet, I thought. I pulled one end of the
and the recipient of the pen usa Freedom-to- bloodstained cloth out of my bag. It flut-
Write Award, the Prince Claus Award, a Lannan tered in the wind like a red sail, and I felt
Literary Fellowship, a California Book Award, a revulsion for myself and the man ½ll me.
Hurston/Wright Legacy Award, and the pen But I couldn’t use it as a wrap. It would
Hemingway Book Prize. have felt more like a funeral shroud. I
stared at it for a moment. There were
© 2008 by Chris Abani two loose threads tickling my wrist.

Dædalus Winter 2008 87


Fiction by When I got home, I plucked them. One light, you looked like an angel. I knew
Chris Abani red string I tied around a flower and hid you could see me; I knew because your
in the bamboo rafters; the other I tied gun was pointed at me and you were
around my wrist. This is the old way, crying. I never knew soldiers could cry.
Mama. But you were crying.
As we rode on that unstable motorcy- That is why I am writing this unspo-
cle, I shoved the cloth back into the raf- ken letter in my heart to you, and be-
½a bag and instead wrapped my arms lieve that because you were crying you
around the body of the man who had will hear me. I have often wondered why
just raped me. For balance: for safety. you spared me. Was it to spare yourself
The ½rst drop of cold wetness hit me, the consequences of my death? Or was
and I thought, let it rain, that is better it because you looked deep enough into
than wrapping death around me. my eyes, and saw something that kept
It is still raining, Mama. The way it you from pulling the trigger?
does here. One drop ½rst and then sheets I feel pity for you even though soldiers
all at once. I used to play as a child in the like you have treated us like animals be-
rain back home. Do you remember? cause we are Karen. I am Karen, my
There is something primitive about this mother taught me to say even as a child.
rain. It feels right. To say it like this–ko ren. Like the ½sh?
I know we are Christians now, but if I asked; and she said, Why not? Our
I had money, I would set a date for the ancestors crossed the Gobi, the river of
great sacri½ce and have the priest kill a running sand to come to our homeland.
boar and a white chicken as I confess my It was raining when the ½rst soldiers
sins to the Lords of Land and Water. But came, raining and night darker than wa-
I can tie my wrist. I still remember what ter in a well. At ½rst we thought the mor-
you taught me, even here, even here tars were thunder, the flash of tracer bul-
without you. This red string is for you. lets lightning. But it was soldiers like
you, and soon everything was noise and
½re and smoke. People running, scream-
Letter to a vengeful angel ing, as bullets cut through us like sticks
through wet rice paper. That’s when I
Dear Boy, lost my mother. I saw my father begging
for our lives as we ran out the back of
I don’t know your name otherwise I
the hut and into the jungle. I saw as they
would use it. So I call you boy, because
cut him down like a weed. And then I
that is what you are. A child: no differ-
ran deep into the rain and the dark wet
ent from me and also, like me, one who
steaming jungle and lost both of them.
carries the burden of our people’s hate.
And in the morning, I walked out of
I think of you as an angel because from
the jungle into the burning skeleton of
the bottom of that ditch where we hid
my village. Most of the villagers were
from your patrol, a line of soldiers not
back, and they had buried nearly all the
far from me, the sun, bright through the
dead. I walked to the edge of the hill, the
rain, looked like an angel’s wing spread
one that falls down into the valley. From
over them. And you, the youngest
up there I used to pretend I could see the
one, followed a few steps behind. You
whole world, and a river whose name I
stopped when you saw me, and there
have forgotten. That morning, it was just
alone, framed against the fan of sun-
a deep ravine with a river.

88 Dædalus Winter 2008


I couldn’t ½nd my parents or our sects, but no meat. It was always rain- Three Let-
ters, One
house at ½rst and probably never would ing so hard we couldn’t cook anything. Song &
have if I hadn’t found our neighbor’s We couldn’t even make a ½re to keep A Refrain
son, twelve like me, sitting on the floor us dry, to keep warm by, and soon, our
by the remains of his home. Both his clothes began to rot on us. As they rot-
parents were dead, too, leaving him with ted, we got rashes and sometimes sores.
his baby sister. I forgot myself at this By the third week we had all lost our
sight. I tried to take the baby from him, shame. We went to the toilet within
but he fought me, so all day I sat next to sight of each other, men and women.
him as he rocked her, letting her suckle It was simply safer–or felt safer–to
at his nipple. Together we stared into be no further than a quick glance from
the distance. It was hours before I real- each other. My period came on that
ized the baby had died. Later, before trek through the jungle. I had no rags
dark, the elders gathered the survivors, to staunch it like I had seen my mother
and we all left for the safety of the jun- do, so I let it run down my leg.
gle, sure the soldiers would return. The rain took it all.
I cannot remember much about that My mother used to say that rain here
time in the jungle hiding. Only little pours like a blessing, like a thick veil
things, like a bird flashing by, red and that parts to reveal the bride’s face. But
rude against the jungle walls so green nearly every day, when this rain parted,
and dark they could have been the face it was not a bride’s face that was re-
of night. Staring with surprise at my re- vealed but a long line of soldiers, like
flection in a clear pool: eyes that held you, like death, marching toward us,
irises so black, a square face that made and we would always scatter with a
me look like a boy, and a smile that my practiced silence and hide. Six weeks
mother used to say was like a butterfly after we ½rst went to hide in the jungle,
landing on her palm. I can’t ½nd that we were found by a group of Karen
smile anywhere, anymore. guerillas. They led us out of the jungle.
One morning, a few days into the jun- Warned us about the paths and showed
gle, I woke to a woman wailing over her us how to avoid the mines. They led us
dead dog, and it wasn’t long before oth- to a refugee camp.
er mourners joined her. They weren’t I feel bad because I pity you–boy, sol-
crying for her dog, though. Many had dier–because it feels like a betrayal of
lost family and their own pets. And they my people, and of my dead parents. But
were crying not only because it was safe maybe this is how I will relearn my beau-
to mourn this way but also because they ty. If you are still alive, boy, I hope you
loved their pets. It is a sad sight: a rainy ½nd yours.
dark jungle and a woman crying over a
dead dog.
I remember pulling leeches from my A song for the camp
skin with a joy that was hard to describe.
When they popped off they left a bleed- Sing with me.
ing wound, red against my dark olive Camp: rickety shelters we would nev-
skin, a wound that stung. It felt good, er have put our animals in, packed in
that stinging. It felt good to feel some- tight rows like the pretend houses chil-
thing. We ate what we could ½nd: dren might build; hunger; narrow
worms, grubs, bananas, and even in- streets running through this shanty-

Dædalus Winter 2008 89


Fiction by town, each a river of ½lth and shit even was hungry. I had heard stories of men
Chris Abani the dogs avoid; hunger; scavenging the like you, men who prey on the weak
already barren countryside by the river and needy, but I wasn’t afraid because
for food; hunger; sickness, diarrhea; whatever else you might do to me, it is
hunger; rain and more rain; hunger. It better than waiting for the slow death
is hard to hold onto all that we were be- of starvation here. And there is always
fore we came here. the chance that you will be a good man,
Sing with me. that you will have work and food for me.
I was so young when my mother left I try to tell myself that it wasn’t my
me, but I can remember the verse of Ka- fault. That if death comes to you wear-
ren poetry she sang as she cooked, mix- ing a safe face it is hard to run. We rode
ing her grief in with the food. Perhaps for a long time until we came to a hut
this is why I remember it so well: in the middle of some rice ½elds. You
parked your motorcycle and pulled me
God took the foam of water
off. I am coming, I said, running to catch
It becomes banyan’s flower
up. I had brought a small brush and rags
Foam of water god’s taking
in my raf½a bag to clean with. It was a
Keh taw weh ler kler ah klee
small hut and I would do a good job and
It becomes a banyan’s seed
be paid well. I was saving to go back to
Sometimes I want to be the banyan school. Once inside the hut, you pushed
seed, to hold all of Buddha’s enlighten- me onto the small mattress with a dirty
ment in my heart. I heard about Jesus white sheet in the corner and tore my
and the angels in this camp, and some- clothes. I didn’t understand until I felt
times I want to be an angel. When I see the pain.
hungry children like me wandering Surely you must have seen my fear in
around, shoulder blades sharp as wings, my eyes. I was barely thirteen; I had al-
I want to fly. Between my house in this most no breasts, no pubic hair; and I had
camp and the one next to it is just been bleeding for only a few months.
enough space for me to spread my arms. You must have seen the child I was in my
Every day I place my arms against the eyes. How were you able to turn away?
wood beams of the two houses and hold I want to curse you. I want to curse you
them there, pushing up against each until your manhood shrivels up. I want
beam with all my strength. When I step to curse your unborn children and your
out and hold my arms down, they rise wife and your mother and your father
into wings by themselves, and it feels and your life. I want you to die. This is
like flying, and I love it because it is the true. No one will ever see it on my face,
best secret ever, like an angel. And I can or hear these words from me, but I want
be free, but not afraid. you to die.
It rained the whole ride back to the
camp. I felt it on my head, and I bent
A letter to my rapist back and felt the cool water run off my
face like tears, and I thought that in the
Dear Rapist, end this is what it is like to be a woman
here. We are seen only when men want
I wasn’t afraid when you came on your
the banyan seed between our legs; un-
motorcycle to hire someone to clean
til then, we are composed of shadows.
your house. I wasn’t afraid because I
Nothing more.

90 Dædalus Winter 2008


Did you know that I had enough rage Three Let-
ters, One
to kill you even as I held onto you to Song &
keep from falling off your motorcycle? A Refrain
Did you feel the power of my eyes in
your back? Perhaps not. I am not very
expressive. Like my mother before me,
I have learned to hide everything deep
in my heart.
You dropped me off in the mud pit
that is the entrance to the camp. Before
you roared off on your motorcycle, I
reached out and scratched your face. A
deep red line appeared. I did it to mark
you, so that you would not forget me.
You stopped, a shout on your lips, but
you hesitated. I followed your gaze. By
the river to the left I saw a line of wom-
en bent in the rain like a long sad cat-
erpillar. I knew what they were doing.
Searching for food, for some root they
somehow missed the day before or the
day before that. They rose as one, like
a wave behind me, their eyes locked on
you. You fled before all those ravenous
eyes, ready to devour you.
I will be free of you.
I am free of you.

Refrain for my mother


Hear me sing.
I must wash this sheet, Mama.
I return to the gate of the camp, days
later, sheet clutched under my arm. The
line of women are there again, bent to
their labor.
I pluck a red string off the sheet and
hold it up to the wind. Here, Mama, take
the red string, I say. And then I walk
toward the women who are always
by the river, wondering if I look like a
ghost as I move through the grey light.
The women look up for a minute as I
approach; then, as one, they dip back
to the ground, ½ngers sifting the mud.
They don’t look up as I walk into the
river.
Dædalus Winter 2008 91
making the leaves tough and low in nu-
trients. As a consequence, most herbi-
vores consume tender, young leaves. Al-
though leaves are young and expanding
for only two to three weeks of their two-
Phyllis D. Coley to three-year lifespan, 85 percent of dam-
age in a leaf’s lifetime occurs during this
on turning green small window.
into gold Thus natural selection strongly favors
age-speci½c defenses. Our work showed
that for survival, young leaves depend
heavily on toxic compounds, which are
recycled once the leaf stops growing
and lays down tough, ½brous cell walls.
The specialization of leaf-feeding insects
on young leaves also means that insects
must have evolved complex adaptations
for ½nding this ephemeral resource and
Anthropogenic effects on the climate for detoxifying or circumventing the
and biodiversity of our planet are among chemical arsenal within.
the most troubling and perhaps irrever- But as we studied these fascinating in-
sible threats facing scientists, policy- teractions, the rainforests of the world
makers, and citizens. Yet many scientists were disappearing at an alarming rate.
are reluctant or unsure of how to apply Frequently, we would not only read
their expertise in basic science to these about the accelerating pace of defores-
pressing real-world problems. A dozen tation (and hence loss of species and
years ago I would certainly have counted ecosystem services), but also be con-
myself as one of these. I had spent twen- fronted by the destruction of beautiful
ty-½ve years studying how rainforest sites where we had once worked. We
trees defend their leaves against hungry, felt unprepared to do anything, but we
diverse, and abundant leaf-feeding in- thought that perhaps we could use our
sects. With my husband and collabora- ecological knowledge about plant de-
tor Thomas Kursar, I found that mature fenses to design a better drug discovery
leaves are well defended by high ½ber, program–often called bioprospecting.
Humans have long used plant toxins as
medicines, and even today, 50 percent of
Phyllis D. Coley, a Fellow of the American Acad- prescription drugs were discovered in or
emy since 2006, is professor of biology at the Uni- modi½ed from natural products. Plant
versity of Utah. In addition to publishing numer- compounds have been particularly effec-
ous articles in scienti½c journals, she designed a tive for cancer treatments and remain a
drug discovery program in tropical forests with the promising source of potential pharma-
goal of linking economic development and conser- ceuticals.
vation. Coley has received many honors, including We hoped that bioprospecting might
a Guggenheim Fellowship in 1989. be an ecologically gentle but ½nancial-
ly productive use of forests that could
© 2008 by the American Academy of Arts encourage their protection. But conven-
& Sciences tional bioprospecting projects faced two

92 Dædalus Winter 2008


formidable problems. One was the dif- from pharmaceutical companies and Turning
green into
½culty of ½nding active compounds, governments. An estimated one-third gold
and the second was returning meaning- of these funds support the type of re-
ful bene½ts to the source country. To search that could currently be accom-
address the ½rst issue, we proposed col- plished in developing countries.
lecting young leaves, as we hypothesized Moving this research to the source
that they would have more promising countries would not only create jobs
lead compounds than mature leaves. Bi- dependent on intact rainforests, but
oprospecting endeavors typically gath- would also provide valuable opportuni-
er mature leaves because they are more ties for enhancing scienti½c infrastruc-
common; however, our work showed ture and education. This move would
that mature leaves rely primarily on assure immediate and lasting bene½ts
toughness and tannins, two defenses whether or not a drug ever made it to
with little therapeutic use. The collec- market. The measure of success would
tion of young leaves did in fact improve not be whether one discovers a drug,
our results by an order of magnitude. but whether one is a player in the pro-
Providing immediate and meaningful cess of drug discovery. Until now, devel-
bene½ts to the host country was the sec- oping nations had not even been players.
ond major hurdle. In return for the ex- We spent several frustrating years try-
port of raw leaves to the United States ing to convince funding agencies that
or Europe, countries receive, on average, despite the fact that we had no experi-
royalties of 1 to 3 percent if a drug makes ence in drug discovery, we had a novel
it to the market. But the chance of pro- approach to bioprospecting that would
ducing a marketable drug is much less aid conservation and economic develop-
than 1 in 100,000 samples tested. And ment within biodiverse nations. Finally,
even if a country were to hit the jackpot, with the help of a novel program at the
it would take seven to twelve years for National Institutes of Health–The Fo-
the revenue flow to appear. As a result, gerty International Center’s Internation-
alternatives that provide immediate eco- al Cooperative Biodiversity Groups–our
nomic bene½ts, such as logging and cat- large group of Panamanian and U.S. sci-
tle ranching, appear more attractive. entists was able to make the dream a re-
Because of the uncertainty of royal- ality. We chose Panama because we had
ties, we had to explore other ways to focused our research there for decades.
create bene½ts that would provide the It is also politically stable and at the cen-
host countries an incentive to protect ter of the world’s most diverse hotspot
their forests. We proposed moving as for vascular plants.
much of the drug discovery process to In the nine years since the project’s
the source country as possible. Over 45 inception and with a modest funding
billion dollars are spent annually on the rate of approximately $500,000 a year,
drug discovery process, yet essentially we have established an effective pro-
all of this occurs in the developed world. gram in Panama primarily carried out by
While only a few dozen drugs emerge Panamanians (www.icbgpanama.org).
annually from this enormous pyramid As the majority of the research activities
of drug discovery research, a large num- had not been underway in Panama prior
ber of research programs at universities to the project, considerable funds were
and small biotechnology ½rms are sup- invested in equipment and training. For
ported directly or indirectly by funds example, project funds played a major

Dædalus Winter 2008 93


Note by role in establishing a chemistry labora- sulted from alternative, destructive uses
Phyllis D.
Coley
tory at the University of Panama that has such as logging and cattle ranching. Fur-
successfully puri½ed active compounds, thermore, these bioprospecting research
the majority of which are only found in opportunities have increased the ability
the young leaves. The infrastructure of Panamanian scientists to publish reg-
improvements required the purchase of ularly in high-quality international jour-
simple items such as chairs and air con- nals, making them more competitive in
ditioners, as well as more sophisticated attracting additional international fund-
equipment such as high-pressure liquid ing for their research, even though such
chromatographs and the country’s ½rst funding is not widely available.
nuclear magnetic resonance instrument. With this rise in publishing has also
These improvements have been key, as come an increase in educational oppor-
it is only when scientists have local ac- tunities in Panama. In the nine years of
cess to such resources that research and the project, almost one hundred student
training become truly effective. More- assistants have participated in research
over, both students and principal inves- published in international journals. This
tigators have been able to travel abroad experience has allowed them to compete
to learn new techniques. successfully for admission to foreign
For the ½rst time, Panamanian scien- graduate institutions. To date, seven stu-
tists established bioassays for a number dents are abroad in doctorate programs
of tropical diseases (malaria, American and seventeen in master’s programs. Of
sleeping sickness, and leishmaniasis), course, our hope is that they will return
and used three cancer cell lines and as- to contribute to science and conserva-
says with the aphid and the whitefly. tion in Panama. In our experience, inter-
These tropical disease assays had to be national agencies provide little support
modi½ed so that they could be accom- for the training and repatriation of sci-
plished in a developing nation. Typical- entists. Unless young scientists can ob-
ly, these bioassays use radioactive mate- tain good training and also be enticed
rials, which are expensive and dif½cult to return to their countries, developing
to obtain and dispose of in many coun- countries will be slow at best to estab-
tries. This novel technology has already lish the capacity to solve their problems.
been freely shared with scientists from Less tangibly but equally important,
Bolivia, Madagascar, Colombia, Switzer- the project has instilled in Panamanians
land, and Peru. A novel assay for dengue greater knowledge of and pride in their
is currently under development. New country’s exceptional biodiversity and
sources in nature, such as marine organ- their scientists, who are making impor-
isms and endophytic fungi, are also be- tant discoveries to cure national health
ing explored. Additional funds would problems. As a primarily Panamanian
allow the establishment of vertebrate endeavor, the project is viewed by the
models in Panama, a key advance allow- public, the press, and the government
ing testing for toxicity and ef½cacy of as a boon to Panama, rather than as bio-
several promising leads active in the piracy. To maintain transparency and to
tropical disease screens. spread the word about the value of bio-
How has this program helped Pana- diversity, the Panamanian students and
ma? Most apparently, it has provided principal investigators give dozens of
economic bene½t to Panama by creating talks annually to schools, farmers and
jobs, perhaps more than would have re- ½shermen, government of½cials and

94 Dædalus Winter 2008


foreign visitors. The demographic that program to promote human health, con- Turning
green into
the bioprospecting project engages is servation, and economic development. gold
also broader than those targeted by most We view these efforts as the beginning,
conservation efforts–typically rural and as the program in Panama clearly works
forest communities. Little international and can be an example for other coun-
attention has focused on engaging the tries. Regardless of the area of one’s pro-
urban community, despite the fact that fessional training, there are undoubted-
it could be a powerful voice for policies ly aspects that could be usefully applied
favoring conservation. Our bioprospect- to managing our planet. Although curi-
ing project has broad appeal to the urban osity-driven research is extraordinarily
audience. appealing and may be the reason most
The greater national interest in bio- of my generation gravitated toward our
diversity has allowed us to share our in- professions, now is the time to raise our
ventories of plant species in protected noses from the microscope and stick
areas, and our experience with database them into world affairs. It is not only
design, with Panama’s Interior Depart- rewarding and challenging but critical.
ment, advice which they solicited to as-
sist with their mandate of managing pro-
tected areas. The visibility of the proj-
ect was also instrumental in helping the
government of Panama apply for and re-
ceive World Heritage Status for one of
its national parks, a jewel with an uncer-
tain future. Naturally, the Panamanians
now have a greater voice at the table re-
garding decisions about conservation.
And in contrast to developers, extractive
companies, and farmers, bioprospectors
will argue for preserving forest and ma-
rine habitats.
By providing direct ½nancial bene½ts
in terms of jobs, enhancing educational
and research experiences, creating a lo-
cal voice for conservation, and raising
national interest and pride in the re-
markable biodiversity that exists in this
small country, we are hoping to help
promote the long-term conservation of
these valuable resources. Their future is
primarily in the hands of Panamanians,
and it is therefore critical that the Pana-
manians receive and recognize the bene-
½ts that accrue from sustainable use of
their wildlands.
Our learning curve in this project has
been nearly vertical. Despite our naiveté,
we established a research and training

Dædalus Winter 2008 95


That the literature contains no de½ni-
tive responses to these admittedly trying
questions dispenses me–to my relief–
from wrestling with them here. But not
completely: in order to continue, I shall
Don Harrán have to come up with as many if not
clear-cut, at least quick-cut, responses
on a Jewish musical as reveal the assumptions behind the
Renaissance discussion. They are as follows: yes, for
the sake of argument, let us agree that
there was a Renaissance; and that it de-
notes some sort of ‘renewal’; and that
thus construed, it pertains, in certain
ways, to Jewish culture in the later ½f-
teenth to early seventeenth centuries;
and that one can detect it in sacred and
secular ‘art music,’ by which I mean, in
the present case, music for two or more
The title of this essay is best framed as voices composed by Jews in Italy from
a question: Did the Jews have a musical the later sixteenth century on for use in
‘renascence’ in the Renaissance? It is the synagogue and often private Jewish
impossible to answer it without asking or non-Jewish settings.
a host of others: What is meant by Re- Here is where the semantic problems
naissance? How valid is the term as a begin: when written in Hebrew and
chronological or conceptual marker in meant for the synagogue or speci½cally
present-day humanist scholarship? How Jewish celebrations (within the commu-
does it apply to music? Is it relevant to nity or separate households), such mu-
Jewish scholarship–was there in fact a sic might rightly be called ‘Jewish art
‘Jewish Renaissance’? Does it include music.’ But when written in Italian and
music composed by Jews? And even meant for nonreligious festivities in the
more fundamentally, what is ‘Jewish courts, in public, or in the residences of
music’ and how does it differ, if at all, the more affluent Jews, it should proba-
from ‘music composed by Jews’? bly be called ‘art music by Jews, though
not necessarily for Jews.’ Either variety
is to be distinguished from the tradition-
Don Harrán is Artur Rubinstein Professor Emer- al types of Jewish song heard in the syn-
itus of Musicology at The Hebrew University of agogue for reciting prayers or reading
Jerusalem. He is the author of numerous books Scriptures. Nothing about them was ‘Re-
and has published widely in musicological and naissance’ or ‘artistic’; rather they per-
interdisciplinary journals on sixteenth- and seven- petuated a medieval oral practice. Nor
teenth-century Italian and Italo-Jewish musical were the works of art music meant to
topics. In 1999 he received the Michael Landau replace them: their performance in the
Prize for Scholarly Achievement in the Arts, and synagogue was occasional.
in 2006 was named Knight (Cavaliere) of the We can glean evidence for a Jewish Re-
Order of the Star of Italian Solidarity. naissance in art music from two sources:
Hebrew writings on music and the music
© 2008 by the American Academy of Arts itself. Their locus–until the later seven-
& Sciences
96 Dædalus Winter 2008
teenth century–was Northern Italy, par- scence. It was not the Greeks who in- A Jewish
musical
ticularly Mantua and Venice. vented music, one reads, but the He- Renaissance
While Christians excelled in the most brews. The Greeks attributed its begin-
sophisticated forms of musical com- nings to Pythagoras, but for the Man-
position from the twelfth century on, tuan rabbi Judah Moscato (d. circa
the Jews were inactive. Excluding a few 1594) they erred. Moscato referred, for
songs of the thirteenth-century trou- a prooftext, to Genesis 4:21–22. There
vère Mahieu Le Juif and minnesinger we read about Jubal as “the father of
Süsskind of Trimberg, both of whom, everyone holding a lyre [a metonym for
under pressure, converted to Christian- string instruments] and an aulos [the
ity and hence ‘don’t count,’ there was same for wind instruments]” and his
no art music among the Jews until the half-brother Tubalcain as “an instruc-
Mantuan Davide Sacerdote ebreo, by pro- tor of every arti½cer in brass and iron
fession a moneylender, published a col- [brass and percussion instruments].”
lection of Italian madrigals in 1575. A Art music may have flourished in the
few others followed him, most notably Ancient Temple, but it had long since
Salamone Rossi ebreo, who, employed been forgotten. Samuel Archivolti (d.
by the Mantuan court mainly as a vio- 1611), a leading rabbi and scholar, la-
linist, published thirteen collections be- mented its loss and yearned for its re-
tween 1589 and 1628. By all counts, this turn. “Woe for us,” he wrote,
was an astounding number for a Jewish
for ever since we wandered from our
composer, the more so since his compe-
country because of our sins, the voice of
tition at the court was, for many years,
Jacob has diminished, and during our exile
the famed Claudio Monteverdi. These
songs and dances in Israel [viz. among the
collections include madrigals, madri-
Jews] have ceased. What good is it for me
galetti, canzonette, instrumental works
to long for them if, among us, there is no-
(dances, sinfonie, sonatas), and his He-
body who knows something about the
brew “Songs of Solomon” (1623), the
music of Zion? Who will explain to us its
½rst known publication of its kind.
proportions and great charms? Who will
Then, all of a sudden, the flurry of
guide us in its paths? As it is, it has been
Jewish composing activity came to a
put to rest in our sleep and all its muses
halt. One may have heard art music in
are abandoned.
Italian synagogues thereafter, but its
composers were usually not Jews. Rath- Exile and wanderings had taken their
er, they were Christians commissioned toll. “The events of our foreign habita-
by Jews to write music for special events. tion and restless running,” we are told
Italy had no Jewish composers to speak by Archivolti’s pupil, the Venetian rabbi
of until the nineteenth century. Leon Modena (d. 1648), “are dispersed
The evidence for a renewal of art mu- over the lands and the vicissitudes of
sic among Jewish composers inheres in life abroad were enough to make the He-
the works themselves. But for the inter- brews forget all knowledge and lose all
pretation of these works as connecting intellect.”
with something speci½cally Renaissance, It irked the Jews that they fell short of
one must turn to earlier and coeval He- the Christians in the arts and sciences.
brew writers. Of the various points they When David Provenzale (d. after 1572)
make or imply, several seem to sustain and his son Abraham (d. 1602) peti-
the notion of a Jewish musical rena- tioned the Mantuan Jewish authorities

Dædalus Winter 2008 97


Note by in 1564 to inaugurate a Jewish “univer- 6 After the glory of the [Hebrew] people
Don
Harrán sity,” they described the Christians was dimmed
“among whom [they] lived as ever in- completely for many days and many
creasing in wisdom, understanding, years,
knowledge, and the arts.” The Jews, by 7 he [Salamone] restored its crown
contrast, were “isolated, desolate, poor, [viz. music] to its original state
most unsightly, like lost sheep or a flock as in the days of Levi’s sons [of½ciating]
without a shepherd.” Education was to on the platforms [of the Temple].
remedy the situation. “Why should we 8 He set the words of David’s psalms to
be inferior,” the petitioners wondered, musika [art music]
“to all other peoples who have scholarly with cheerful tunes, then saw to having
institutions and places ½t for instruction the works printed.
in law and the sciences?” (Their request,
Strangely, the beginnings of Jewish
by the way, was denied.)
sacred art music were based on Chris-
The Hebrew writers claimed that the
tian models. The Jews appear to have
Christians had taken music, once the
followed these models in their ½rst, hes-
glory of the Jews, to turn it to their own
itant attempts to introduce polyphony
glory. Immanuel ha-Romi (d. circa 1335)
into the synagogue in 1604, in Ferrara.
was even blunter: not taken, but stolen.
Having been trained in the “science of
“What will the science of music say to
music” by a teacher, some six to eight
Christians?” he asked in his Notebooks,
singers, Modena reports, stood up and
then answered (on music’s behalf ): “I
performed “songs and praises, hymns,
was stolen, yes stolen from the land of
and melodies in honor of the Lord, ob-
the Hebrews.” In his own day, he ac-
serving the ordering and relation of the
knowledged the “complete absence of
various voices according to the afore-
this science from among [his] people.”
mentioned science.” Two decades lat-
Some of the writers discerned a new
er, Rossi composed his Hebrew sacred
beginning in the later sixteenth centu-
songs by adapting them to the proce-
ry. But clearly the Jews could not revive
dures of Italian secular music, as em-
something that had disappeared. In-
ployed in his early madrigals. “He
stead, they imitated the music of their
worked and labored to add from his sec-
neighbors. “Their ears picked up a trace
ular to his sacred works,” for he did not
of it [their own music] from their neigh-
think it unworthy “to honor the One
bors, as the remnant of a city [ancient
who favored him [with musical talents]
Jerusalem] in these generations,” Mo-
by using that [knowledge of music] with
dena observed. Eventually, the Jews be-
which he had been favored.” So, except
came more pro½cient in writing art mu-
for their Hebrew text, Rossi’s sacred
sic, and there emerged a composer, Sala-
songs were outwardly Italian. It goes
mone Rossi, who was so outstanding
without saying that his and other Jewish
that Modena, his greatest supporter, said
composers’ secular works were Italian to
of him: “He alone is exalted nowadays
the core.
in this science.” He expanded on Rossi’s
And yet the Hebrew songs were au-
achievement in an encomiastic poem
thentically Hebrew. Why? Because the
(in nineteen distiches, of which I quote
Jews reappropriated from the Christians
three):
what they believed was theirs to start
with. In a massive treatise on the An-

98 Dædalus Winter 2008


cient Temple, Abraham Portaleone ergo ‘rational.’ Moscato, Portaleone, and A Jewish
musical
(d. 1612)–otherwise renowned as a phy- Modena spoke variously of yah. as (rela- Renaissance
sician and medical scholar–conceived tionship), ‘erekh (regulation), h.ibbur
of its music, which he called “rational (composition), haskamah (agreement,
song” (ha-shir ha-mah.shavi), as “a science viz. consonance), she‘ur (proportion),
of varying pitches that, woven together derekh (procedure), or more speci½cal-
[to form intervals], appear in succession ly darkhei ha-musika (the conventions
and are so properly calculated in their of art music).
combination as to offer the ear a pleas- The implied antonym was ‘disorder-
ant and clear song with a good and sweet ly,’ which appears to have been what
melody.” He then proceeded to describe the Christians thought about synagogue
its varying melodies, rhythms, voices, song. One of them remarked on the
and instruments by reference to contem- “extreme discordance in the confusion
porary Italian art music. of so many voices of every variety of
In practicing music all’italiana, the ages,” namely, adults down to the small-
Jews, after having been indolent for cen- est children, singing together. Another
turies, were ‘reviving’ their own music held that the only thing the Jews get
in all of its original, albeit imagined, right in intoning their ritual is the “tim-
re½nement. Even so, it was something ing and pronouncing of the Amen.” Mo-
new in their own time. Rossi described dena was ashamed: “Will we, who were
his Hebrew songs–which he composed once masters of musika [art music] in
“according to the science of song and our prayers and hymns [in times of old],
art music [musika] for three, four, ½ve, now become a laughingstock to the na-
six, seven, and eight voices” for the one tions, for them to say that no longer is
purpose of “thanking God and singing science in our midst?” By recuperating
to His exalted name on all sacred occa- their ancient patrimony, the Jews would
sions”–as “a new thing in the land.” So prove that they could compete with
did his spokesman Modena, who said their neighbors in composing art music.
that, by publishing them, the composer There would be no reason to ridicule
“is beginning something that [ever since them for ignorance, or to quote Mode-
the Ancient Temple] did not exist as na’s poem again:
such in Israel [viz. among the Jews].”
13 No more will bitter words about the
Until then, Jewish song had been prac-
Jews
ticed in the synagogue. But it was not
be uttered, in a voice of scorn, by the
art music. The big difference between
haughty.
them is that the former was monophonic
14 They will see that full understanding is
while the latter was contrived as “ratio-
as much a portion
nal song” for multiple voices.
of theirs as of others who flaunt it.
Rossi characterized his Hebrew works
15 Though weak in [dealing] blows, in
as ‘orderly’–“I made them through se-
sciences
der.” Seder is literally ‘order,’ though a
they are a hero, as strong as oaks.
better translation is ‘counterpoint,’
meaning the coordination of different Modena clearly hoped that others
voice parts to form a harmonious com- would continue this ‘new’ beginning for
plex. The term was complemented by art music among the Jews. “You should
others, to indicate that the music was teach them [Rossi’s “Songs”] to your
not casual in its content, but calculated, children,” he writes,

Dædalus Winter 2008 99


Note by for them to understand the science of
Don music, with the knowledgeable man pass-
Harrán
ing it on to the student, as was said of the
Levites [who originally were instructed
in music by David]. I am convinced that
from the day these works are published,
those who learn it [the science of music]
will multiply in Israel [viz. among the
Jews] in order to sing to the magni½cence
of our God by using them and others like
them.
–the implication being that there were
“others like them.” So Rossi was not
alone in producing these works. There
is even evidence that Modena himself
might have composed his own. But his
prediction of their immediate influence
was overly optimistic: it was not until
the Emancipation of the Jews in mid-
nineteenth-century Italy that the syna-
gogue more regularly incorporated new
works of polyphonic song in its prayer
services.
Reading the language of the commen-
tators, and weighing it against the prac-
tical remains, one senses that art music
composed by Jews enjoyed a Renais-
sance (of sorts), and was perceived as
a Renaissance (of sorts), in early mod-
ern Italy. As the Old Testament fore-
shadowed the New, so ancient Hebrew
music was typologized by Hebrew writ-
ers as the fons et origo of Christian mu-
sic. The Jews had no other way to revive
their sonic heritage than to work back
through Christian examples to what
they considered rightfully theirs in its
historical primacy and admirably theirs
in its artistic distinction. By identifying
with their past, they found the courage
to compose art music in the present. But
not for long: a new Dark Age of increas-
ing socioeconomic repression was soon
to descend upon them, only to obliterate
any signs of renewal.

100 Dædalus Winter 2008


President
Emilio Bizzi
Chief Executive Of½cer
Leslie C. Berlowitz
Chair of the Academy Trust and Vice President
Louis W. Cabot
Treasurer
John S. Reed
Secretary
Jerrold Meinwald
Editor
Steven Marcus
Librarian
Robert C. Post
Vice President, Midwest
John Katzenellenbogen
Vice President, West
Jesse H. Choper

Dædalus Board of Editors Committee


Steven Marcus, Chair, Joyce Appleby, Russell
Banks, Stanley Hoffmann, Donald Kennedy,
Martha C. Nussbaum, Neil J. Smelser,
Rosanna Warren, Steven Weinberg;
ex of½cio: Emilio Bizzi, Leslie C. Berlowitz

Committee on Publications
Jerome Kagan, Chair, Jesse H. Choper,
Denis Donoghue, Jerrold Meinwald;
ex of½cio: Emilio Bizzi, Steven Marcus,
Leslie C. Berlowitz

Inside back cover: Tomb of Cappucin monks in


the Roman catacombs, in a photograph from
the nineteenth century. Etruscans had buried
their dead in underground chambers, a practice
revived by early Christians; after 380, when
Christianity became the state religion of Rome,
the dead were increasingly buried in church
cemeteries. See Shai Lavi on How dying became
a ‘life crisis,’ pages 57–65: “The problem of
dying dates back . . . to the emergence of a wish
for an intelligible hope in the face of a hopeless
existence.” Image © Bettmann/Corbis.
Dædalus

Dædalus
coming up in Dædalus:

on nature Leo Marx, William Cronon, Cass Sunstein, Daniel Kevles, Bill
McKibben, Harriet Ritvo, Gordon Orians, Camille Parmesan,
Journal of the American Academy of Arts & Sciences
Margaret Schabas, and Philip Tetlock & Michael Oppenheimer
Winter 2008
on cosmopolitanism Martha C. Nussbaum, Margaret C. Jacob, A. A. Long, Pheng Cheah,
Darrin McMahon, Helena Rosenblatt, Samuel Scheffler, Arjun

Winter 2008: on life


Appadurai, Rogers Smith, Peter Brooks, and Craig Calhoun
on life Lorraine Daston Life, chance & life chances 5
plus poetry by C. D. Wright &c.; ½ction by Wesley Brown, Alix Anthony Kenny The beginning of an individual human 15
Ohlin &c.; and notes by Richard Kraut, Ian Ayres, Charles Stanish, Robert P. George Embryo ethics 23
Barbara Finlayson-Pitts, William Kirby &c.
Nikolas Rose The somatic ethic & the spirit of biocapital 36
John Broome What is your life worth? 49
Shai Lavi How dying became a ‘life crisis’ 57
Jeff McMahan Eating animals the nice way 66
Adrian Woolfson The synthetic future of life 77

poetry Ted Richer Anon 84

½ction Chris Abani Three Letters, One Song & A Refrain 87

notes Phyllis D. Coley on turning green into gold 92


Don Harrán on a Jewish musical Renaissance 96

U.S. $13; www.amacad.org

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