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An updated
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revised version was created in 2009.
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WHEN IS A PERSON?
PRE-PERSONS AND FORMER PERSONS
By James Park
When is a
person?
We are persons when we have the following
four functions:
consciousness, memory, language, and autonomy.
If you are
reading
this essay
or understanding it while it is being read
to you,
then it is fairly certain that you are a
person
right now.
And the fact that I am writing the essay
proves that I am a person.
Only we human
beings who are presently persons
are capable of raising the question of what
it means to be a person.
As embodied personhood we ask
what makes us different from all other objects
and creatures.
But there was
a time in the life-span of each of us
when we were not yet persons in the full
sense.
We cannot remember this time,
since one of the marks of personhood is being
able to remember.
As full persons in the present,
we can look back upon our biological
development
and identify a period of time when we were
not yet persons.
And even
before
our period of pre-personhood,
we can name the date before which each of
us did not exist at all.
Most of us know the exact day we were born.
And if we subtract 9 months from that date,
we can estimate the date when we were
conceived.
But we can
never
be as exact about the date
when we moved from pre-personhood to
personhood
or when we made the transition from childhood
to adulthood.
And if we decline mentally before we die
physically
---if we slowly lose the capacities that now
make us persons---
then observers of this decline
will not be able to name the exact date
when we passed from being persons into
being former persons.
The
same
criteria by which we presently affirm
that we are persons apply at both ends of
life:
The four marks of personhood can help us to
identify the period
when we moved from pre-personhood to
personhood
and the period when we may move from being
full persons
into being considered former persons by
others.
This essay
will
suggest four criteria or four sets of questions
that will help us to draw the line between
ourselves in our pre-personhood phase
and ourselves as persons
and later to draw the line between
ourselves as full persons and the former
persons we might become.
We will ask these questions about ourselves
and the people who are closest to us.
No attempt will be made here to establish
tests
of personhood
that might be applied by a group of strangers
such as an institutional ethics committee,
an insurance company, or a government agency.
(Medical
ethics
is the context in which the question
"When is a person?" is raised,
but if our criteria are careful and
comprehensive,
they should also be philosophically valid
for distinguishing persons from animals and
from computers.)
In the
practice
of medical ethics,
the question "Is So-and-So still a person?"
will be asked by persons responsible for
making
medical decisions for others who cannot decide
for themselves.
For example, is a human fetus a person?
How that question is answered affects one's
choices about abortion.
And the millions of women who have had
abortions
since 1972
(when it became legal in the United States)
might ask themselves "what did I abort?"
Is a newborn
a person?
Clearly most newborns will grow into persons,
but some are born defective physically and/or
mentally.
In choosing for a defective newborn,
should the parents consider it to be a person
or a pre-person?
And if we
slip
out of personhood before we die,
others will be called upon to make all
decisions
for us,
including our medical decisions
---which might include decisions that will
end our lives.
How do we
draw
the line between persons and former persons?
In all medical decisions, keep
strangers
out of the loop.
Only those persons most closely related to
the human in question
should have the responsibility to decide for
that individual.
Professional experts from all disciplines
can offer their opinions,
but the final decisions must rest with the
lay persons
who are responsible for the future of the
human being in question.
In the case
of
fetuses and newborns,
the obvious persons to make medical decisions
are the parents.
And they may decide to invite other
family-members
or friends
to help them make difficult choices.
At the other
end of life, the decisions-makers are not so obvious.
Thus, I suggest that each of us (while still
a full person)
appoint a proxy, two proxies, or a committee
of proxies
to make medical decisions for us when we are
no longer capable.
The most
formal
way to do this
is to appoint a Medical Care Decisions
Committee
(MCDC)
in one's advance directive for medical care
('living will').
In some states this is accomplished by
designating
an individual
as one's health-care agent by giving that
person
a durable power of attorney for health care.
("Durable" here means that it lasts beyond
the competence
of the person who appoints the agent.)
When we
appoint
our proxies or establish our MCDCs,
we should also give them written guidance
concerning how to make medical decisions for
us.
Since we cannot foresee all possible medical
problems
and their proposed treatments, we must rely
on the compassionate judgment of the proxies
we choose.
A. When Does a Child Become an Adult?
Before we
attempt
to draw the lines between
pre-persons/persons and between persons/former
persons,
let us turn to a more familiar distinction
---drawing the line between child/adult.
If we are now adults, we were once children.
But when did this transition occur?
And if we
become
parents, we will confront the question again
when our children claim the rights and
responsibilities
of adulthood.
How we
handle this more familiar distinction
may help us to face the more difficult and
unfamiliar question
of drawing the line between
pre-persons/persons
and between full persons/former persons.
This new distinction has become necessary
only since the advent of modern medicine and
technology.
Only in the 20th century did it become
necessary
to ask
when a human becomes a person or ceases to
be a person.
This is because many pre-persons and former
persons
can be kept 'alive' indefinitely by
life-support
machinery.
In earlier centuries, most would have died
because there was no way to sustain them
if their bodies could not sustain themselves.
In the
process
of deciding when a child becomes an adult,
we immediately find ourselves asking two
background
questions:
1. Who is drawing the line?
2. For what purpose is the line being drawn?
(These same
questions
will reappear
when we attempt to distinguish between
pre-persons/persons
and between full persons/former persons:
1. Who is responsible for drawing the line?
2. Why is the distinction required?)
Unless we
know
who is drawing the line and why,
we will not be able to decide when children
become adults.
In every known culture,
children have different rights and
responsibilities
from adults.
But children enter adulthood at different
ages,
depending on the rights and responsibilities
being considered.
Here are some
historical examples of drawing the line
between the end of childhood and the beginning
of adulthood:
The end
of
innocence, the beginning of moral responsibility:
When does a child become morally responsible
for his/her acts?
In the Roman Catholic tradition,
a child is capable of committing a mortal
sin at 7 years of age.
In Judaism adulthood begins at age 13.
Generally, we think of children becoming
responsible
for their acts
somewhere between 7 and 12 years of age.
Driving
age:
Depending on the state, we regard children
as old enough to drive
automobiles and farm machinery when they reach
15-18 years of age.
School-leaving
age:
Children are adult enough to drop out of
school
at about age 16.
Age
of consent for sex:
Children are adult enough to decide their
own sexual behavior
somewhere between 15-18 years of age.
Thus under most state laws,
when a child below the age of consent has
sex with an adult,
it is entirely the responsibility of the
adult.
This is "statutory rape" or child sexual
abuse,
even if the child verbally gave 'consent'.
Drinking
and
smoking age:
Each society that controls the consumption
of alcohol and tobacco
defines the age at which a person is
responsible
enough
to make informed decisions about the use of
these substances.
In the United States, the drinking age is
controlled by the states.
And state legislatures have frequently changed
the age,
depending on the mood of the citizens and
other social factors.
Generally, it has been between 18 and 21 years
of age.
Voting
age:
Persons become old enough to vote when they
reach 18 to 21,
depending on the country and the period of
history.
Age of
marriage
without parental consent:
Children are old enough to enter the adult
institution of marriage
when they reach 18-21, depending on the
jurisdiction.
And in some cultures (especially those with
arranged marriages)
children can be married at much younger ages,
but they still do not become full adults until
somewhat later.
Draft age:
Males have been deemed old enough to fight
at about 18.
Adult
criminal
responsibility:
When persons are still children,
their Parents are often held responsible for
their misbehavior.
And the criminal acts of children are dealt
with in different courts
with different rules of procedure and
different
penalties.
(But sometimes the crime itself is serious
enough
for the child to be certified as an adult
and tried in adult court.)
Children found guilty are sent to juvenile
correctional facilities.
And when they become adult (at 18), they are
often released.
Newer laws keep juveniles found guilty of
serious crimes
behind bars a bit longer, even after they
have become adults.
Contract
capacity:
Generally persons are able to enter into
contracts
for work and borrowing, etc. when they reach
age 18.
(For many years in the United States, the
age of majority was 21.)
Contracts for children below the age of
majority
must be co-signed by a parent or guardian.
Age
for borrowing without a co-signer:
When lending institutions lend large sums
of money
(for a car or a house, for instance), they
generally require
a co-signer if the borrower is younger than
20-25.
Experience has shown lenders that young adults
are poor risks.
So they require other adult signers to back
up such loans.
Age for
adult
auto insurance rates:
Insurance companies have learned that young
adults are bad risks,
because they have more accidents than older
adults.
Thus (especially males) must pay higher
insurance
premiums
until they reach about age 25.
Age for
being
President:
The writers of the US Constitution decided
that a man
(later women were also allowed to vote and
hold office)
had to be 35 years of age to be mature enough
to govern the country.
The fact that
the line between child and adult has been drawn
anywhere between age 7 and age 35 shows lack
of consensus
about just when a person ceases being a child
and becomes an adult.
Much of this variation can be accounted for
by the fact
that different responsibilities are being
assumed by these people.
A child of 7 may be responsible for making
personal moral decisions.
But that person would not be trusted to make
Presidential decisions.
Each family
has
its own, informal turning points in a young life:
When is a child old enough to stay out after
midnight?
When is a child old enough to wash the dishes
and take responsibility for other household
tasks?
When is a child old enough to have sex?
When old enough to drive the family car?
When is a girl old enough to put on make-up
and wear a bra?
In most of
these
parent/child struggles,
the parents make the final decisions.
But they should take the maturity of each
child into account.
Courts of law
also hear status questions.
Lawyers often ask courts to make exceptions
to general rules
defining when minors become adults,
for instance, concerning large legacies.
At the other end of life, the mental
competence
of someone
who makes a will may be challenged
by relatives who do not agree its contents.
The detractors may argue that the drawer was
incompetent,
under undue influence, did not know what he
or she was signing, etc.
And the
state legislatures are constantly asked to change the age
at which children become adult for various
purposes.
Seeing the
difficulty
of defining when a child becomes an adult,
we should not be surprised to discover that
it is even more difficult
to draw the line between pre-persons/full
persons
and between full persons/former persons.
Medical
decisions
are often more permanent than
decisions to grant an individual adult rights
and responsibilities.
Status as an adult may be postponed if the
individual does not seem
quite mature enough for the responsibility
considered,
but such line-drawing almost never results
in death.
But when we
consider
whether a certain individual
is a person or a former person,
how we draw the line could result in a medical
decision
that will result in death rather than
continued
treatment.
Various
opinions
about when personhood begins and ends
probably should not be written into any
guidelines
or laws.
This question is highly individual
and deeply affected by cultural differences
---just like the question of when a child
becomes an adult.
Such questions will always be open to
significant
debate.
And with respect to each individual,
all relevant views should be heard.
This is a moral rather than a legal
discussion.
And the law should remain neutral about moral
matters,
allowing each family to create its own
definitions
and to apply them to their own family members.
Laws and
formal
guidelines can set the broad limits
concerning mandatory behavior and prohibited
behavior,
but the wide area between these two
is the area of individual medical discretion.
All laws and guidelines are based on a broad
consensus
of the society that created them.
But an open society such as our own
will leave a wide range of options between
the outer limits.
(A closed society may be defined as one with
no choices:
Everything that is not mandatory is
prohibited.
But sometimes advocates of certain moral
position
in our own society
would like to enshrine their own moral choice
in the laws
so that everyone would be required to behave
that way.
But open societies have successfully resisted
legislating morality.
We should
also
guard against the assumptions of
generic medical ethics.
Largely because most of us were raised with
a belief
that there must be a right or a wrong in every
situation,
we may assume this applies to medical
decisions
as well.
And many writers of medical ethics assume
the same thing:
They look for a consensus among ethical
thinkers
and take that to be the correct choice for
everyone.
But as our
society
becomes more pluralistic and multi-cultural,
the consensus that used to uphold generic
medical ethics disappears.
Now people approach life-and-death questions
with diverse personal, philosophical, and
religious beliefs.
And even
religious
organizations that used to have rigid positions
now realize that there should be a range of
freedom within that faith.
So the
criteria
to be suggested in the rest of this essay
are presented to a pluralistic and
multi-cultural
world.
Once we have received all the scientific facts
and medical opinions
relevant to the choices we must make,
we must make our own medical dedisions
based on our own values and beliefs.
In each
culture,
the written law defines the limits of choice.
But within these limits of what is required
or prohibited,
each group of decision-makers operates by
its own moral principles.
And precisely because of this diversity of
opinion on medical matters,
it is very important for each of us
to create our own Medical Care Decisions
Committee,
which will have the power to make medical
decisions for us
when we are no longer able to decide for
ourselves
or when we can no longer communicate our
choices.
When is a
person?
We are persons when we are conscious of the
world
and conscious of ourselves.
The
consciousness
that defines persons recognizes itself.
Only when we are conscious can we ask about
consciousness.
You are conscious as you read these words.
And I am conscious as I write them.
Neither of us is asleep. And neither
of us is dead.
The first
level
of consciousness is sense experience.
We see what is visible around us.
We hear whatever is loud enough to be detected
by our ears.
We smell things when enough molecules enter
our noses.
We taste things that we put into our mouths.
And we feel whatever we touch with our skin.
Each of these
five senses happens
because we have specialized sense organs
connected
to our brains.
And our brains organize our sensory input
into intelligible patterns.
All animals
have
the same five senses.
And some animals have more acute senses than
we have.
Thus when we
say that consciousness is a mark of personhood,
we must mean more than sense perception and
organization.
If being aware of the world were a sufficient
definition of a person,
then every living dog and cat would be a
person.
What marks
off
personal consciousness from animal awareness
is sensitivity to
ourselves---self-consciousness.
Not only do we notice the world around us,
but we notice that we notice.
We experience ourselves as receivers of
sense impressions
and organizing centers for
interpreting
that sense data.
We do not
need
to be very intelligent to respond to the world
in ways that show that we are aware of
ourselves.
As soon as we experience our selves
as centers of experience that can be affected
by the world
(and later as centers of activity that can
affect the world)
we have begun to emerge as self-aware personal
beings.
Our earliest manifestations of self-awareness
are feelings.
When we become aware that we are hungry, cold,
hot, in pain, etc.,
we notice ourselves as organisms separate
from the rest of the world.
Later we can experience ourselves as happy,
bored, fearful, jealous.
We have sense
experiences before we understand them
and before we have any control over what
happens
to us.
But as babies we learn to cry as a way of
changing the world.
When we learn that crying is communication
with others,
we are beginning to become self-conscious.
Later we will
develop a better-organized sense of ourselves.
We will be able to identify ourselves, to
say "I am I".
We will be able to name ourselves
and respond when others use our names.
We will know who we are at some rudimentary
level.
A. The Wink Test for Infant Self-Consciousness.
When does
self-consciousness
emerge in babies?
Even before birth a fetus is aware of its
surroundings in various ways.
But just when a baby becomes aware of itself
is not immediately clear.
However,
anyone
can try this simple experiment---the wink test:
When you have a baby's attention, wink at
it.
If the baby attempts to wink back, it must
be aware that it exists
and that it is another person like the one
winking at it.
Usually the
baby
will close both eyes at once,
since it has not learned how to close one
eye at a time.
But the fact that the child has tried to wink
shows that the baby has recognized you
as another creature like itself, with eyes
just like its own.
The baby's mind has made the connection
between
the holes thru which it sees the world and
other people's eyes.
And the infant is attempting to imitate a
behavior it has seen.
The imitation
of winking is essentially different
from most other forms of imitation.
When an infant attempts to imitate the actions
of human hands or feet,
it does so by seeing the hands and feet of
other people
and seeing it own hands and feet.
The similarities of form and function soon
become obvious.
But the
infant
cannot see its own eyes.
Few infants spend much time gazing into
mirrors.
And if we want to be completely scientific
about this test,
we will check infants who have never seen
themselves in a mirror.
If they still have the impulse to wink back,
they must be aware that they also are
creatures
with eyes that can wink.
If
we try the wink test on household pets, we get no response.
The dog or the cat will continue to blink
spontaneously,
but there will be no effort to respond with
a wink.
(If a movie-maker causes an animal to wink,
the effect would be uncanny.
We would immediately recognize
self-consciousness
in the animal.
The story might be that a human person was
turned into a frog.
And the frog retains self-consciousness,
which it communicates by winking.)
Animals, even
after many years of visual experience,
never realize that their eyes enable them
to see the world.
Animal consciousness seems to be only
consciousness
of the world,
never consciousness of itself as a self.
(Some people will dispute this observation.
Let them devise experiments to show that
animals
may be self-aware.)
When animals
see themselves in mirrors,
they usually attempt to go behind the mirror
to find the other animal.
If an animal notices that the image in the
mirror its itself,
this shows some level of self-awareness.
An animal might become aware that its behavior
(as experienced from the inside as the agent
of that behavior)
is the same as the observed behavior of the
animal in the mirror.
Higher primates do understand their
reflections
in mirrors.
This has been shown by putting a dab of paint
on their foreheads
(without them knowing it)
and then watching to see how they respond
when they see themselves in a mirror.
If they 'instinctively' touch their own
foreheads,
we know that they have made the connection
between
the image of the animal in the mirror and
their own foreheads.
It is
possible
that such higher animals could be trained
to pass the wink test by getting them to close
just one eye
when they observe such a signal from a human
being,
but this would be very different
from an infant attempting to wink without
any training.
To understand
the full significance of the wink test,
we must make explicit the difference between
winking
and blinking.
Blinking is a spontaneous reflex action,
which takes place in all animals with eyes
like ours.
It is nature's way of keeping our eyes clear
of dust, etc.
Babies have observed blinking for as
long as they have seen eyes.
Human eyes automatically blink about once
a second.
You may have blinked at least once while
reading
this line.
But because blinking happens all the time,
you did not notice it until I brought it to
your attention.
A
baby sees thousands of blinks before it sees its first wink.
And the baby notices something different is
happening:
This time only one eye closed, not both
together.
Winking is a new and unusual phenomenon in
its world.
And if the infant is beginning to emerge as
a self-aware person,
it will attempt to do the same with its eyes.
Animals have
no such self-awareness.
They do not notice the difference between
a blink and a wink.
You can wink at your cat all day.
And it will only become bored and move on
to something else.
But a self-aware infant immediately recognizes
the difference
between a wink (a voluntary action)
and a blink (an involuntary reflex).
Passing the
wink
test by attempting to wink back
shows that the infant is aware of these basic
facts about itself:
I am a being with eyes just like the person
who is winking at me.
And if this other person can close just one
eye at a time, so can I.
For most
animals,
winking remains just another event to observe.
winking faces are no more notable than
blinking
faces.
Since infants
are blinking all the time spontaneously,
we must be careful to observe
if the infant is voluntarily
attempting
to close one eye at a time.
Even tho it may not be able to manage to close
only one eye,
we can usually tell that it is trying
because the effort manifest in attempting
to wink
is different from spontaneous blinking.
Parents must
be especially on their guard against self-deception.
Most parents hope that their children will
be very intelligent.
And some pet-owners believe that their pets
are very smart.
Parents and pet-owners may see non-existent
signs of intelligence.
At first
every
baby is an organism, like any other animal.
It reacts to its environment with
ever-increasing
complexity.
After a while it begins to distinguish between
world and me.
For instance, when the baby plays with its
fingers and toes,
it is surprised at first to discover that
these other moving objects
are parts of the same sensory system, itself.
The baby feels its toes from both sides.
Thru random movements of its limbs,
the baby gradually discovers what is me and
what is not me.
If a baby fails to develop this capacity
to distinguish itself from others, we should
be seriously concerned.
Some babies are born defective or are later
injured
so that they never gain significant
self-consciousness.
In some
extreme
cases, babies are born anencephalic
---without most of their brains.
They never experience a moment of
consciousness.
And such babies will never develop the other
capacities of personhood,
which depend on consciousness---memory,
language,
and autonomy.
The wink test
may also be useful at the other end of life
---when an individual may have sunk into a
post-personal existence.
Because our eyes are located in our heads,
even if we become paralyzed below the neck,
we will still be able to blink and wink.
Blinking shows that we still have reflexes
coming from our brain-stems.
But if we are still able to wink,
it means that we are still conscious and
self-conscious.
In fact, our
ability to wink voluntarily
may be one of our last means of communication.
A former person in a persistent vegetative
state
will spend part of each day with his or her
eyes open and blinking.
But there will be no responsive winks to the
winks of other persons.
Individuals in PVS are not self-conscious.
So they will not even be able to wink back
when a wink takes place right in front of
their eyes.
But if a
patient
still has the capacity to wink voluntarily,
then the two eyes can become a new means of
communication.
The right eye can mean "yes"; and the left
eye "no".
The patient
could
even learn Morse Code,
the right eye being used for dots and the
left for dashes.
Care-givers and family would also have to
learn Morse Code.
But even this slow communication would be
better than none.
And the message should be written down as
it is sent
to confirm or correct it as it is being
transmitted.
And if the
patient
becomes skilled at winking communication,
a Morse Code reader or interpreter might be
needed
for receiving and de-coding longer messages.
Just as
animals
never become as self-conscious as persons,
so computers do not meet the test of
self-awareness
either.
A computer is
an electronic machine
that contains millions of bits of information.
It can rearrange and deduce certain
conclusions
from this information.
In fact, computers generally perform such
calculative functions
much better and faster than the human minds
that invented them.
But is a
computer
conscious or self-conscious?
To be self-conscious means to be able to grasp
one's being whole,
to comprehend oneself in a moment.
Thus understood, a computer has no self;
it is just the sum of the information and
functions it contains.
It cannot have attitudes or feelings about
itself.
It cannot identify or name itself.
It has no whole sense of itself that it can
grasp in an instant.
It has no emotional responses to situations
in which it finds itself.
It cannot predict its own results.
Instead of jumping ahead to a conclusion
intuitively,
it must just go ahead with its calculations
as programmed.
A computer is not essentially changed
when information or functions are added or
taken away.
But persons are changed by their thoughts
and experiences.
(Reading this paragraph may have changed you
in some small way.)
A computer can 'learn' from the facts that
are fed into it.
But it will never graduate from being a
computer.
Persons can rise to ever higher levels of
personhood.
A computer
has
no core identity as a person has.
It is only the wiring and electronic
components
that make it up
---and the electronically encoded instructions
in its memory.
When it 'thinks', it processes one piece of
information at a time,
sometimes using parallel processors to do
several things at once.
But its 'thought' processes lack creativity
and purpose.
Its only function is to complete the project
assigned.
When that calculation is completed, it is
only a machine, waiting.
A computer
has
no will of its own
to go off in different directions to explore
unexpected connections,
as happens when you read this essay.
These side-trips happen because you are a
person.
You come to this essay with interests and
purposes of your own.
And you find connections of ideas worth
pursuing
that were not put before your eyes by these
words.
C. What about a Sleeping Person?
When we call
consciousness the primary feature of personhood,
we must insert the exception for sleeping
persons.
Normally we human beings spend 1/3 of our
lives unconscious.
Every night all of the processes of
consciousness
are suspended.
Sense experience ends; all mental organizing
ceases.
But when we awake in the morning,
we can continue the same thoughts we had the
day before.
We remember who we are and what day of the
week it is.
And we begin to think of the activities of
the forthcoming day.
However, if a
person falls asleep and never awakens,
then that permanent unconsciousness will
eventually
be considered
as the death of that person for all practical
purposes.
I have
instructed
my Medical Care Decisions Committee
to regard me as permanently dead
if I have been unconscious for a year.
And if it is clear even before a year has
passed
that I will never regain consciousness,
I should be declared dead even sooner.
If I have
become
unconscious
and I cannot be awakened to resume my purposes
in life,
then I should be considered dead as a person,
whatever the condition of my other bodily
functions.
Or if I am
constantly
in a dream-like state,
where I cannot tell the difference between
my internally-created images and the facts
of the real world,
then also my status as a full person is
seriously
in doubt.
Perhaps I have become a former person.
When I am
awake,
I recognize myself and remember my purposes.
I know how to get myself out of bed and get
dressed.
I know how to resume my daily activities.
But toward
the
end of my life
---if I lose my mental capacities before
death---
I may drift in and out of consciousness.
There may be times when I know who I am
and other times when my self-consciousness
is confused.
If I can no longer understand the patterns
of the familiar world,
then I am losing my normal capacities of
consciousness.
While I am fully awake, others easily interact
with me.
We all appreciate the connections we have
made as persons.
But if my powers of consciousness begin to
fail,
others who have known me when I was a person
may rightly say that I am "out of it".
They will be able to say that I have become
a former person
when the activities we used to share are no
longer possible.
It might feel like a dream-state from which
I cannot fully awaken.
D. Common-Sense Definitions of Consciousness.
We all know
what
it means to be conscious or unconscious.
When a patient does not wake up,
doctors may be able to explain why the patient
remains in a coma.
But everyone will agree that the patient is
unconscious.
Thus I have
assigned
to my Medical Care Decision Committee
the responsibility for deciding whether I
am conscious.
They will obviously seek the best medical
advice and opinion
about what might have caused my
unconsciousness
and about what might happen to me in the
future.
But it should be obvious to all that I am
not awake.
And if there seems little chance that I will
recover consciousness,
I should be declared dead
and my remains should be used as I have
instructed.
Here are a
few
simple, practical tests that anyone can use:
(1) Is the patient aware of pain?
(2) Does the patient appear to hear and
respond
to sounds?
(3) Does the patient turn away from strong,
unpleasant smells?
(4) Does the patient react to substances
placed
on the tongue?
(5) Does the patient notice bright lights
and respond to them?
If these five senses are not working, then
the patient is unconscious.
On the
interpersonal
level, we can ask the following questions:
(1) Does the patient know himself or herself?
(2) Does the patient recognize other persons
known for many years?
(3) Is the patient pleased when others show
care and concern?
(4) Does the patient notice whether others
are present or not?
Doctors also know about all of these tests
for consciousness.
And they have many others which are more
sophisticated
---some involving complex machinery
that will determine if anything is happening
in the patient's brain.
Neurologists have several ways to measure
and map blood-flow
to various areas of the brain.
If parts of the brain are deprived of blood,
they quickly die.
No further functions can be expected from
those areas.
Other instruments can measure and map the
brain's electrical activity.
An electroencephalograph will show where the
brain is working
and where it may have ceased working, perhaps
because of a stroke.
Different brain-waves can show the difference
between
a sleeping brain and a thinking brain.
Such technical means can show whether or not
a brain is conscious.
If there is no blood-flow to the cerebellum,
the patient is unconscious.
And if the neurologist can determine that
blood-flow will not return,
then the patient will not regain
consciousness.
The electrical tests may also enable the
neurologist
to predict whether consciousness will ever
return.
If everyone
agrees
that the patient is unconsciousness,
and if the doctors say there is little hope
of consciousness returning,
then that patient has become a former person
because the other marks of personhood
(memory, language, & autonomy) depend
on consciousness.
QUESTIONS FOR PROXIES
ABOUT CONSCIOUSNESS AND
SELF-CONSCIOUSNESS
Beyond what a
neurologist can determine
by various tests of the functions of the
brain,
the people who have known the individual in
question for a long time
may recognize changes in personality or
consciousness
that indicate the loss of mental powers.
The following
questions
should be asked by people
who have known the individual for a number
of years.
These friends and family members will be in
the best position
to notice changes in levels of conscious
functioning.
If the individual was clearly a person during
most of his or her life,
some elements of that person's mental life
may have disappeared.
When such losses become extensive enough,
we say that the individual in question has
become a former person.
Just where to draw the line will always be
subjective.
And the others who have known the individual
in the fullness of life
are best prepared to evaluate these losses.
When reading the following questions for
proxies,
we might put our own names in the blanks and
adjust the pronouns.
We might imagine these questions being read
and discussed
by the members of our own Medical Care
Decisions
Committees (MCDCs).
The questions should stimulate meaningful
discussion,
rather than be given simple yes/no answers.
The bold face question introduce major
sub-divisions.
1. Has _____'s thinking become
rigid
and inflexible?
2. Does _____ seem to be 'closing down'
as a person?
3. Do we notice increased reluctance
to experience new things?
4. Does _____ decline invitations
he/she would
have been accepted in an earlier phase of life?
5. Does _____ wish to turn off the TV
or radio
because new
information is always upsetting?
6. Is novelty no longer welcome because
it is traumatic?
7. Does _____ resist change in all
forms?
8. Does _____ require routines to
proceed
in the same order?
9. Does _____ only welcome familiar
thoughts and experiences?
10. Is there a loss of a former richness of
thought and experience?
11. If _____ used to welcome new events and
experiences,
has this
openness been replaced by closedness?
12. Does _____ become upset
by
unexpected
input and communications from other people?
13. Does _____ cling to familiar and
comfortable
routines?
14. Does _____ resist change even tho some
suggested changes
would
clearly be in his/her best interest?
15. Has _____'s mind become set into rigid
patterns
suggesting
unwillingness ever to change again?
16. If _____ was an avid reader, has this
practice been given up
because
new ideas are no longer welcome in his/her mind?
17. Have our conversations with _____ fallen
into a repeating pattern,
the same
basic conversations takes place over and over again?
18. Does _____ remember saying the same things
before?
These
questions
about openness to new experiences
must be asked by others who have known the
individual for some years
because some people have been rigid all their
lives.
Even if they were closed-minded and dogmatic,
they were still persons.
If they have always resisted change,
then many of the above questions would not
indicate
a deterioration of their mental lives.
Only a change
in a once open, flexible, and curious person
into a closed-minded, inflexible, and
non-curious
individual
might be a sign of the hardening of a formerly
rich mental life.
Such a change in myself, for instance, would
definitely be a sign
that my mind was beginning to deteriorate
and shut down.
That would indicate that I am moving toward
becoming a former person.
19. How well is _____ oriented in time?
20. When _____ awakens,
does
he/she
know what day of the week it is?
21. What month of the year?
22. What season of the year?
23. What year?
24. Does _____ know how old he/she is?
25. Does _____ sometimes forget whether it
is morning or afternoon?
26. Does _____ have a reasonable sense of
the passage of the day?
27. Is _____'s personality continuous and
consistent?
28. Does _____ experience himself/herself
as the
same person who lived many years ago?
29. Is there a continuity of memory or do
some of the memories
seem to
be events that happened in a movie---to someone else?
30. When moved to a different living
arrangement,
does _____
seem to
be the same person who existed in the former location?
31. Does _____ have a continuing concept of
himself/herself?
32. Does _____'s sense of self today connect
clearly with a self
that
existed
at some time in the past in a different place?
33. Is _____'s self independent of time and
place?
34. Or does _____ seem to be a new or
different
self over time
or when
moved to a new location?
35. Has _____'s distinctive personality
disappeared?
36. Has _____'s personality flattened out?
37. Has _____ lost some of the characteristics
that used
to make him/her different from other people?
38. Has it become difficult for health-care
workers
to
distinguish
_____from the other patients?
39. Has _____ faded into the "patient
population"?
40. Has _____ become anonymous---lost his/her
name---
and become
better known by a room number?
41. Is _____ aware of being different from
other individuals?
42. Does _____ know his/her difference from
others from the inside,
not merely
different in external facts and appearance?
43. Does _____ recognize himself/herself as
different
from every
other individual who has ever lived?
44. Or has _____ begun to identify
himself/herself
as part
of a group rather than as an individual?
45. Has _____ begun to forget who he/she was,
remembering
"the past"
as events that might have happened to others?
When is a
person?
We are persons when we possess the power of
memory.
Memory---being
able to recall past experiences and learning---
distinguishes persons from all other
creatures.
As our memories become fuller and more useful,
we become more complete persons.
And as our memories begin to fade,
we lose the characteristics that made us
interesting
persons.
Almost all of
us can remember what we did in the last five minutes.
You were probably reading this essay five
minutes ago.
And if you can't remember at least some ideas
from the previous page,
then you might as well give up reading now:
The ideas are leaking out the bottom of your
brain
as fast as they are coming in at the top.
And we
probably
all remember what we did in the last 24 hours.
Human memory goes even farther back, of
course:
We remember last week, last month, last year,
and probably several years back into the past.
As we go
farther
back, memory dims.
We may remember only important or traumatic
events from childhood.
And we may re-discover memories in dreams
that we had forgotten in our waking moments.
Our human memories differ from computer
memories.
A computer can remember even the most trivial
information forever.
But we human beings must have reasons
for remembering things.
Also, we
remember
in different ways from computers.
The computer keeps all the raw data just as
it was fed in.
But we persons remember events as meanings.
And we almost never retain the details of
the raw data.
If the experience was not interpreted and
processed at the time,
it is probably lost forever from our memories.
But, of course, we now have many other ways
besides memory
for retaining important facts from the past.
Another proof
that human memory works by meanings
is the impossibility of remembering something
we heard in a foreign language.
A tape recorder could record every syllable.
But our human minds remember only the sound
of foreign speech.
And when we were first born, all languages
were foreign to us.
Until we acquired our first language, our
minds retained nothing verbal.
Likewise, when we first opened our eyes,
we were assaulted with millions of rays of
light
---all meaningless to us since we could not
make sense of them.
And without organizing patterns for
understanding
visual impressions,
we forgot whatever came into our brains thru
our eyes.
When our memories began to work,
we recognized repeats in what we saw
and heard.
These formed patterns in our brains
so that we could recognize
such sights and sounds when they came around
again.
And because
this
capacity for recognizing patterns
must develop very early in life,
babies born blind or deaf who gain these
senses
later in life
sometimes never become as adept at remembering
and understanding
as those who started to form these patterns
shortly after birth.
Babies born
blind
but not deaf, of course,
develop better-than-normal memories for voices
and sounds,
since that is the way their minds were first
organized.
Likewise,
babies
born deaf but not blind
usually develop more acute visual
discriminations,
since that was the first way their
minds were organized.
Important
memories
are also found in animals,
but, interestingly enough, their memories
are often organized by smell.
Even years later, they can remember a person
or a place by its smell.
For example, fish find the stream where they
were spawned
when their olfactory nerves tell them "this
is home".
However, the
family dog will have no response
to a picture of its long-dead master.
But we humans are often flooded by memories
when we see a picture from childhood.
Our personal
memories make us special persons.
In large part, we are the sum of our memories
---the collection (in our brains) of
everything
we have learned and experienced since we were
born.
And if we lose these memories,
we become either other persons or former
persons.
A. Memory in the
Life-Cycle:
The Dawning and the Darkening of Memory.
After birth,
a baby's brain develops very quickly.
Very soon the baby notices similarities
between
what it sees now
and something that happened earlier in the
day or some previous day.
Recognizing the special people in its life
may be one of the first signs of memory in
a child.
(If the
previous
paragraph made you remember something
from your childhood or the first years of
your children,
this shows how words can evoke memories.)
In the first
few months of life, infants are easily distracted
because they lack purposeful attention and
memory.
Before we became full persons, our memories
were rather random.
Odd bits of information stuck in our minds,
but other events sliped thru our memories
as quickly as they happened.
Why do we remembered some events from
childhood
and not others?
As children
we
were easily distracted from whatever we were doing.
Something new always seemed more interesting
than something old.
Older children sometimes take advantage of
younger children
because they are so easily distracted from
whatever they are doing.
When the baby is offered a new toy,
the old toy drops to the floor as if it did
not exist.
And young
children
have difficulty
foreseeing the importance of putting toys
away in their proper places
so that they can be found when they are wanted
again.
When memory is poorly developed, the child
lacks continuity thru time.
Life comes to the baby as a series of moments
---perhaps the way life happens to animals
even in their adult years.
But as the baby gains the power of memory,
its life becomes more organized and
purposeful.
Organized
memory
emerges slowly in infants.
For instance, we do not expect infants
to remember stories read from a book.
An infant lacks the necessary system of
concepts
in its mind
to make sense of what it hears and hence to
remember it.
The infant's sensory organs may be working
perfectly,
but the storage and retrieval system is still
under development.
Memory
works only when sensory input makes sense to us
---when we have some reason for remembering
something.
Even as adults, most of what we perceive every
day is forgotten.
We have no reason to store everything that
happens to us.
But an infant remembers even less because
it has
no means of distinguishing the trivial from
the important.
Much of what
a baby remembers is short-term memory,
what it needs for its survival.
As adults we may remember little from our
childhood years.
But while we were there, we clearly did
remember
what was important.
But if there
were a baby that did not remember any experiences,
we would decide that it is extremely retarded.
Animals are expected to remember only a few
rudimentary things.
But since we human beings remember so much,
we naturally expect persons to have
functioning memories.
By the time
we
become adults,
we have taken in and remembered uncountable
bits of information,
most of which is stored in our brains with
instant access.
When we are called upon to remember the value
of pi,
we remember instantly that it is 3.14,
even if we have never used this value.
That is an example of rote memory,
perhaps not related to anything meaningful
in our experience.
And as we
lose
our abilities to call up information as needed,
we remember that we used to remember the facts
that are now lost.
We may notice and mourn the loss of our quick
memories when young.
And if we lose a large part of our functioning
memories,
others may question whether we are still full
persons.
Victims of
amnesia
do not forget most of what they learned in life.
They remember how to talk, how to understand
their native language,
most of the abstract things they learned in
school, etc.
But they have forgotten specific periods of
their lives.
They may forget who they are.
This may have been caused by a psychological
trauma,
which made it painful to remember that period
of their lives.
Later they may regain access to the closed
parts of their memories.
If we suffer
a stroke or some other brain injury,
we may forget large parts of what we felt
we knew forever.
But because human memories are stored
everywhere
in the brain
---rather than filed chronologically or
categorically,
as in a computer or library---some pieces
of memory always remain.
But if
an injury or disease causes us permanent memory loss,
then we may be diminished as persons so
severely
that we no longer remember what was important
to us earlier in life.
For instance,
if a stroke rendered me incapable
of understanding and using English,
then my life as a philosopher would be
completely
over.
I would then have lost everything I learned
thru the medium of language.
And in a deep sense, I would be a different
person---or former person.
If we live
long
enough, all of us will experience some memory loss.
We should notice it ourselves first, but if
it becomes severe enough,
those around us who know what we used to
remember
will be able to notice just how much we have
forgotten.
Sometimes such memory losses are temporary.
Maybe there are certain times (such as later
in the day or evening)
when our memories dim.
But when our full powers of memory return,
we feel relieved that memories temporarily
lost
have now become accessible to us once again.
Until recent
years, it was usual for memories to last until death.
For most of the years of the human species,
physical death followed quickly after mental
death.
But now medical technology empowers us to
keep a body 'alive'
after the person has ceased to be.
Most of us
may
hope that our bodies will not be kept 'alive'
after our memories (and perhaps other mental
powers) are gone.
Instead of needlessly extending the process
of dying,
when the mind and its memories are gone,
we should probably let go of the body.
Each of us
should
leave instructions in an advance directive
stating how we would want to be treated if
we lose our memories, etc.
And as a
whole
society we need to be more accepting of death,
more ready for the natural termination that
will come to us all.
Others will be able to accept our deaths as
well
if we have set up procedures in advance
that will enable others to manage our deaths.
Usually, managing death means postponing
it as long as possible.
But perhaps that emphasis should shift toward
accepting death,
now that we have become so successful in
extending
life.
B. If I Lose My Memory, I Will Be a Former Person.
Right now as
I look back on more than half a century of life,
I do not remember most of the things that
happened to me.
But I have no problems remembering the most
important events.
I spent some
years in college, for instance,
studying mathematics, chemistry, physics,
etc.
But since I have not used most this learning
for more than 30 years,
I have forgotten almost all of it.
I have no idea how to solve a differential
equation,
even tho I studied how to do that for at least
one quarter.
I suspect that I could re-learn such subjects
easily,
but I have no inclination to pursue them.
I leave such matters to those interested in
science and mathematics.
When I turned
from science to philosophy,
I no longer kept up with scientific
developments,
but I think that I am a better philosopher
because of my solid grounding in the natural
sciences.
If and when I
begin to forget matters important to me now,
then I may be declining as a person.
And others who observe this decline
may be in better position to evaluate me
because
I may lose perspective on myself as I lose
my mental powers.
I may even enter a 'second childhood'.
I will be
like
a child again
if I lose my organizing memory and
personality.
The self that now writes these words may
disappear
before I die.
Life may just roll over me as a series of
disconnected experiences.
My mind may shift from one subject to another
like 'surfing the channels' on a television
set.
And if I forget what is important to me now,
there will be no reason to remember one thing
rather than another.
If I enter
'second
childhood', my memories will be mostly out of date.
Even now, my dreams are usually set in my
childhood home.
If I become senile, is dreaming the way I
will feel even when awake?
Will I become lost on the street because the
old landmarks are gone?
Will I forget where I live, attempting to
return to a childhood address?
Children must
be cared for by responsible adults
because they cannot get their information
in proper order.
If I become like a child again, others will
have to take care of me.
I may not be able to find my own way in this
world.
Or I may have only a few moments of mental
clarity each day.
If I start to get the sequence of events mixed
up in my mind,
if I cannot remember who I am or what purposes
I was pursuing,
then my life as a full person may be drawing
to a close.
Certainly nothing more can be expected of
me
in the form of original, creative thinking.
If I can no
longer
remember the person I was,
if I am no longer interested in pursuing the
purposes of James Park,
I will have ceased to be that person.
This could
happen
suddenly, as the result of a stroke,
or I could gradually lose my memory and my
purposes.
Perhaps someday I will look at pictures of
myself at an early age
and not remember what the person in those
pictures remembered.
I may have access to information about the
person I used to be.
I might even be able to read the books I wrote
during my best years.
But if I have no personal memory of those
thoughts,
it will be as if someone else had written
my books.
(I have
already
experienced this odd sensation
of distance from my own works,
since I cannot remember what I wrote years
ago.
I am even having this experience right now
as I re-write the draft of this essay,
which is dated just 2-1/2 years ago.
I do not remember writing these ideas.
So it is lucky I wrote them down when I had
them.
I would not be able to recreate them as well
today.
And when I read passages of books that I wrote
many years ago,
I often enjoy coming across them as a reader
does
---discovering them for the first time.)
If I lose my
personal memory of myself
as the person I was during most of my life,
I might be said to have become a new person.
In a way this is happening all the time,
as I revisit past phases of my life
and see them in a different light now than
I did then.
Even
physically,
we are changing all the time.
The old cells are dying off and being
replaced.
But there is usually enough continuity
for us to be sure that we are the same persons
who lived in these bodies so-and-so many years
ago.
But if my
memory
and the rest of my mind is so changed
that I do not even seem to be the same person
to myself,
then I have probably become a new person in
the old body
---if I still have enough of the capacities
that make anyone a person.
And if the new person who lives in my old
body wants to live,
then perhaps that wish ought to be honored
and respected.
That will have to be decided by the people
around me at the time,
whom I have chosen to make such decisions
for me
when my own mental capacities might be in
doubt.
And perhaps I will have deteriorated in other
ways as well,
so that I can hardly be expected to pursue
any purposes at all.
If my most important memories are gone,
that might signal the disappearance of me
as a person.
I will remain
a full person while I remember and recognize myself.
Also, I must remember other persons who have
been important in my life.
One of the saddest notations found in nurses'
notes
is that the patient had a visitor but did
not recognize who it was.
If and when I
fail to recognize myself and others close to me,
that will be strong evidence that I have
become
a former person.
If my own identity is slipping away with my
failing memory,
it will be hard to remember who I was.
And it may be even harder to remember the
other people in my life.
If I can no
longer
interact with the people
who used to be important to me,
then I may still be worthy of respect as a
former person,
but it would be foolish and perhaps impossible
for them to treat me as the same person I
used to be,
because I will lack my old responses.
Those who respected me as the person I was
during my best years
may come to visit my body in a
long-term
care facility,
but they will no longer be able to visit me
as a person.
It may be impossible for us to discuss
subjects,
such as the contents of this essay,
even tho such issues would be very relevant
to discuss at the time.
If and when I
begin to lose my memory, I hope those who know me
will still respect me for the person I was
during my best years.
And I hope to be remembered and respected
after my death.
I will be dead for a much longer period
than I was alive.
And I hope some of the thoughts I have had
as a living person
will be helpful in the lives of other living
persons.
But I
do
not want my body kept alive without my person inside.
My body will have already fulfilled its
primary
purpose:
It has been a very good home for my person.
But if my period of personhood comes to an
end
some time before my body would normally be
laid to rest,
instead of attempting to preserve my body
as long as possible,
it would be much better to use the same money
to further the purposes I found most
meaningful
as a person.
For example, it would be a greater honor to
me as a person
to spend the money making my books more widely
available
to people who can benefit from reading them.
If I were in
a position to enforce my opinion
(the values I now hold as a fully-functioning
person),
then my decision would be to let my body go
after my life as a person has been completed.
(Perhaps my life as a person will never be
completed;
it might be just over.)
Anyone who keeps my body 'alive' after my
memory has departed
does nothing for the person James Park.
Perhaps they will attempt such efforts
because of their memories of the
person
I was.
But such efforts are contrary to my values.
If you
who
survive me want to remember me as a person,
you should apply yourselves to reading
my books
and sharing my ideas with others who can
benefit from them.
My person will be much better encapsulated
in my books
after I have lost my memory than in my
body.
The memory now contained in my brain resides
in living cells,
which are inherently impermanent and subject
to decay.
But even when my brain no longer can recognize
my own words,
the various persons I have been during the
several phases of my life
will be better preserved in my written words
than anywhere else.
I, for one,
would
not hesitate to declare myself a former person
if the body I now own and operate is ever
(before my biological death)
inhabited by some form of human life
that does not recognize the purposes for which
James Park lived.
If my skull contains no memory of James Park
as a person,
then as a person my life is over.
And I request that those around me take
appropriate
measures
to insure the wise re-use of my body (or any
parts thereof),
rather than keeping my body 'alive' as long
as possible
as a kind of 'living memorial' to the person
James Park.
In a very important sense, if I have no
memory,
James Park will have ceased to be.
If I ever
lose
much of my memory,
others must take over my decisions for me.
And I hope they will respect the person I
was.
It may be difficult to relate with me
after I have forgotten who I am and who the
people around me are.
If and when that happens, I should be regarded
as a former person
and treated with the respect and dignity due
a former person.
If I no longer understand what people say,
if I have no thoughts to offer,
or if I cannot remember what was said to me
just a minute ago,
then such loss of memory would qualify me
as a former person.
My own past life might become a mystery to
me,
unless I retained the ability to read my own
books and journals.
And I might be reading them as if they were
written by a stranger.
If my short-term memory is still working,
I might be able to re-discover some
interesting
things about my life
from reading and from listening to other
people's
memories of me.
But if my earlier life is known to me only
thru reading and listening,
if I cannot recall any of it, then I have
become another person
than the one who lived those years---and
remembered
them for a while.
It would be as if James Park had died already
and I was a new person learning about him
second hand.
In order to
put
this philosophy of life and death into action,
I have established my Medical Care Decisions
Committee (MCDC),
whose members have known me for many years.
These people will decide when I have ceased
to be a person.
They will remember what I used to remember,
what sort of a person I used to be.
Thus, they will be in a better position to
make decisions for me
than any medical people taking care of me
at the end of my life.
Those doctors and nurses might not have met
me
until after I had deteriorated into being
a former person.
Only those who have known me for a long time
will truly be able to gauge the degree of
my loss of personhood.
My Medical
Care
Decisions Committee will, of course,
take advantage of all the information modern
medicine can provide,
but ultimately my medical decisions will rest
with them.
And because they will all have read this essay
years in advance,
they will be ready to apply my criteria of
personhood to me.
So even tho they may grieve the loss of the
good times we shared,
they will at least be intellectually ready
to say
that James Park has crossed the line into
former personhood.
They will not attempt to preserve their
memories
of me
by preserving my body after my life as a
person
is over.
QUESTIONS FOR PROXIES ABOUT MEMORY
The people
who
have known
the person (or former person) in question
for the longest time
will be able to notice how much memory has
been lost.
Discussing the following common-sense
questions
can help them explore the degree of memory
loss.
1. Does _____ remember
himself/herself
and other people?
2. Does _____ recognize and remember
other people
who have
been important in his/her life?
3. Does _____ recognize himself/herself
in a mirror?
4. Does _____ recognize himself/herself
from recent pictures?
5. Can _____ recognize himself/herself
from pictures
from
various
periods of his/her past?
6. Do only the oldest pictures, perhaps
from childhood, evoke memories?
7. Can _____ identify other people from
old photographs?
8. Does _____ sometimes confuse periods
of his/her history?
9. Does _____'s mind sometimes slip
from the present
into some
past period of his/her history without notice?
10. Does _____sometimes confuse relatives
from different generations,
such as confusing
a mother with her daughter?
11. Does _____wish to return to a home that
no longer exists?
12. Has _____ reverted to using the native
language of childhood
---if this is
different
from a language learned as an adult?
13. Has _____ forgotten some parts of his/her
history?
If others remember
what _____ said and did
better than _____
does, then clearly his/her memory is failing.
14. Does _____ seem to be a different person
because
the past has disappeared from memory?
15. Does _____ remember his/her past life
reliably?
16. Is _____'s memory of recent events less
reliable than old memories?
17. Does _____ sometimes lose track of a
conversation
because of lack of
short-term memory?
18. Does _____ sometimes have difficulty
telling
the difference
between memories of
real events and stories and dreams?
19. Does _____'s memory seem to fade and
depending on various
other factors of health and circumstances?
20. If you wanted to know something for
certain
about the past,
would you trust
_____'s
memory?
IV. LANGUAGE AND COMMUNICATION
When is a
person?
Personhood is marked by
flexible language and interpersonal
communication.
As we develop
the capacity to understand and use language
in the first 18 months of our lives, we are
beginning to become persons.
And if there is a time before the end of our
lives
when we lose this wonderful capacity
to understand and communicate with other
persons,
then we are losing one of the most important
marks of personhood
---a capacity that sets us sharply apart from
animals and computers.
A human being
who could not recognize and use symbols
might look like a normal human being in all
outward respects,
but it would not be a person.
We know of a few very rare instances of
children
raised by animals.
If they reached the age of 5 or 6 without
human language,
without every hearing or speaking a human
word,
without ever using a symbol system,
then those human beings were not persons.
And after the
critical period for language imprinting has passed,
it seems next to impossible for a human being
to acquire a language.
This fact also has serious implications for
children
raised in language-poor households,
where language is confused or somehow missing.
Without
language,
a human being remains like an animal.
Animals can certainly interrelate with others
in the household,
but they cannot really understand what the
others are doing.
Human noises do not signify for the animals
of the household
what they mean for the persons who understand
that language.
Children
raised
without the benefit of language
may look like normal children, but they are
not.
Persons can only interact with them as they
do with household pets.
Some forms of mental retardation and mental
disabilities
also result in children lacking language
ability.
They can learn to respond to sounds and
signals,
as a dog or cat might, but without language,
there is no way to communicate with
them.
Luckily even
children born deaf can learn sign language,
so that their minds can be as fully symbolic
as children who can hear and speak.
Most human beings naturally become persons
because they are so easily imprinted with
their native language
in the first few months of life.
A. Language Development in Children.
As soon as we
were born into this world,
we were exposed to language---people talking
every day, all day long.
They talked to one another. And they
even talked to us,
altho we could not understand a word they
said at first.
When we were
born, all languages were foreign to us.
But we quickly observed that people made
noises
to communicate.
And we attempted to imitate human sounds
before
we knew their meanings.
However, in contrast to a parrot, which can
also make language-sounds,
we began to understand what these
sounds
meant
in the lives of the people around us.
With language
all around us, we soon began to pick up
the connections between human sounds and the
objects they signified.
We noticed that certain vocalizations went
with certain experiences.
And because our minds were prepared by
evolution
to be very receptive to language in these
early months,
we quickly and easily acquired the language
we heard.
No formal instruction was needed.
The language around us was just imprinted
on our brains.
We picked up thousands of abstract symbols
(words)
and the often complex grammatical rules for
putting them together.
Thru trial and error, we gained the ability
to speak
and to make ourselves understood by others.
Also we soon
discovered
that language can refer to past and future
events.
The persons around us constantly talked about
yesterday and tomorrow.
So language was not mere pointing to what
everyone could see.
The persons
around
us used language to communicate with others
concerning the things that were happening
inside
them,
their private thoughts and feelings, many
subtle issues and concerns
that could never be shown by pointing.
Animals never figure out this function of
language.
So most of what they hear is meaningless
sounds.
Try to teach even the most intelligent animal
to read this page.
After years
of
merely listening and talking,
we discovered that words can be transformed
into symbols on paper:
We were introduced to reading and writing.
After that, there was no limit to what we
could learn.
Language opened up worlds of information about
things
that we could never experience directly by
ourselves in one life-time.
We may have decided to learn new languages
---the ways of speaking and understanding
that developed
on different parts of the globe among our
species, homo sapiens.
With the help of these symbol systems,
we could acquire an almost limitless amount
of information.
Our language
capacity can continue to develop thru-out our lives.
Every day we can learn new words.
And perhaps we lose a few words that we used
to know
because we never have occasion to use them.
If we study specialized knowledge, we will
learn technical words
that apply only to that form of behavior or
concern.
Words can be used to explain the meanings
of new terms.
So our knowledge becomes an interconnected
web
of hundreds of thousands of words, all defined
by other words.
Language is
the
most distinctive mark of a human person.
Those who miss the critical period for
language
imprinting
can never quite catch up with the rest of
the human race.
They never become full persons in the ways
that all people
who can read and understand this essay are
persons.
In extreme cases we might say
that they remain members of the animal kingdom
even if they are kept among us as members
of the family.
They must be guided thru all of the activities
of their lives
the way we guide the behavior of animals.
Humans without language can be trained to
respond to signals,
but they will never understand why
they are being so directed.
When human
animals
first developed the capacity to speak,
they burst out of the animal kingdom.
About 100,000 years ago, our ancestors became
persons.
Since then, all human cultures have created
abstract symbols,
which the persons of those cultures use every
day
in the complex process of interacting with
other persons.
Thus, language is essentially an interpersonal
phenomenon.
If there were only one human being on the
earth,
it would probably not have developed language,
and hence it would not have become a person.
So the
concept
of "language" must be stretched to include
other forms of human interaction.
We relate with other persons thru the medium
of language.
And if we do not share a common language,
we still try to connect with different symbol
systems
by pointing to things for which we know we
all have words.
But pointing and making noises does not work
with animals,
because they lack abstract symbols for the
elements of their world.
We have probably taken our language ability
for granted
because it developed so early in our lives.
We have no recollection of acquiring our
native
language.
We just grew up knowing our mother tongue.
And most of us continue to use and understand
language until we die.
But some people lose their capacity for
language
before death.
So if language and communication are essential
to being a person,
what do we make of human beings who have no
language?
Some human
infants,
however, do not develop language.
They are treated in every way as if they will
become persons.
We speak to them and about them
assuming they will eventually understand what
we say.
Most infants so treated do in fact develop
language,
without any further attention to the matter.
But some defective infants never develop any
ability
to understand and use a human language.
No matter how completely we treat them as
persons,
they never become persons.
They look and feel like all other human
infants,
but without the communication capacity given
thru language,
they never become full persons. They
remain pre-persons.
Talking to them does no more good than talking
to our pets.
Both creatures remain non-persons if they
cannot understand language.
B. Animals Lack Full and True Languages.
Even tho many
pet-owners speak to their pets
as if they could understand, treating them
as if they were persons
or could become persons with enough attention,
at best such pets gain some awareness of human
sounds,
when they relate to a particular situation.
"No" is a common sound that pets can
understand.
Some can understand the sounds we make
when we say "walk", "sit", "come", etc.
But we never expect our pets to talk back
to us.
Animals thus cannot be said to have any
abstract
languages.
The essence
of
every human language is abstract symbols,
sounds or written signs that carry meanings
not limited to the immediate situation.
Language uses metaphor to compare one
thing to another.
When we look for anything close to language
in animals,
we discover no abstractions, no metaphors,
and no ability to discuss anything beyond
the immediate situation.
Animal cries, songs, and signals always
'refer'
to here and now.
For instance, bees can tell each other where
the flowers are---now.
Or birds can warn one another of predators
in the neighborhood.
Animal sounds inform other animals that they
are present
and perhaps that this territory is already
taken.
They can signal one another that they are
interested in sex---now.
Their 'discourse' is limited to the present
tense.
They may call to their young in danger.
They may challenge one another for food,
status,
and females.
And they may join in singing or howling
merely because they like to do it together.
But they never discuss their experience from
yesterday
or what happened last year at this same place.
They do not discuss their plans for next week
or what they would like to do differently
next year.
As much as we have studied whales' songs or
the wolves howling,
no one has suggested that they are telling
their histories
or making plans for the next season.
And the fact
that all members of the same species make almost
the same sounds no matter where they are found
on the earth
suggests that animal sounds are
genetically-encoded,
not learned.
Sometimes the songs of a certain species of
birds
does evolve differently in different locations
as the result of long and permanent
separation.
For instance, Americans are surprised to learn
that starlings were once valued in Europe
as song birds.
They were imported to the Americas because
of their beautiful songs,
but somehow they forgot how to sing
and now they only screech on this side
of the Atlantic.
And some seem to pick up sounds from other
birds.
So perhaps in this respect they are a bit
like parrots,
who do not have a genetically-given song
but who have a powerful capacity to imitate
sounds they hear,
even tho they will never understand what they
are 'saying'.
Social
insects
such as ants, termites, and bees
are sometimes said to have a 'language' in
their dances.
By the use of stereotyped gestures, touches,
and movements
they can tell one another the direction and
distance to food.
And these dances are not a direct imitation
of the action suggested.
But they are universal among that species
of insect,
which suggests that such 'languages' are
encoded
in their genes.
The bees cannot arbitrarily change their
language
conventions.
They cannot make up new words or put them
into new combinations,
which every human baby does all the time.
The insects cannot express themselves
metaphorically,
by talking about other things that remind
them of the issue at hand.
In the late
20th
century, quite a bit of attention
was devoted to the language abilities of
primates,
the members of the animal kingdom closest
to humans.
Some apes learned a few words of American
Sign Language
and some could use geometric shapes to
represent
words.
But even the most optimistic of such accounts
admit that apes can learn only a few hundred
words.
In contrast, even a pre-school human knows
thousands
of words,
which it has merely picked up without
any formal instruction.
When primates are raised in the same
households
as children,
the children always get imprinted with the
language around them,
but the animals never understand how human
language works.
Only thru laborious repetition can the animals
learn
a few symbols.
The
pre-schooler
can interact with others in the household
following the elaborate word-patterns and
rules of its language.
The child can express its internal thoughts
and feelings
thru a spoken language---sounds that are quite
arbitrary.
A child raised in another language would not
understand them.
Perhaps the only universal human communication
is crying,
noises a child makes without any input from
the environment.
Maybe a child crying is our closest equivalent
to animal noises.
And when
children
are exposed to television or go to school,
they encounter millions of new items of input,
many of which they can record in their
memories
because their minds are already prepared
to receive symbolically-encoded information.
But if we put a chimp or an ape in front of
the television set
or send it to school with the child, no such
learning will occur.
No primate has ever acquired anything from
a human lecture.
No primate has ever learned to talk.
No primate has ever learned to read,
which would enable the ape to decode the words
on this page.
Dogs and cats
raised in the same households with children
are exposed to the same rich environment of
human language.
But they pick up only a few words of English.
In fact, they are probably just getting the
sounds
of
"good dog" or "bad dog", "no", "scat", "sit",
or "walk".
If you have pets in your home who have learned
what you have assumed is a few words of
English,
try changing the words to their opposites
("good" for "bad" for instance),
but speak the word in the tone of voice
used for its opposite.
Because animals have a genetic capacity to
understand sounds,
they can 'understand' human speech that
resembles
animal sounds.
So, no human language is too exotic for an
animal.
Foreign languages that give humans extreme
difficulty
are easy for animals,
because they pick out the sounds and ignore
the symbols.
These
limitations
in dogs, cats, horses, and chimpanzees
reside in their brains, not in their
intelligence.
Many trained animals are able to learn hand
signals
more easily than human words (actually sounds)
because their minds evolved with the capacity
to understand
the behavior of other animals around them.
They can respond to facts that they
observe in their world,
either thru seeing or hearing, but their minds
cannot process symbols,
the essence of human language.
In the 21st
century,
we will continue to study animal 'languages',
but it now seems extremely doubtful
that any animals will ever come close to human
persons
in understanding and using abstract symbols.
C. Computers Do Not Understand Metaphors.
Even tho we
have
mostly failed to teach language to animals,
we have been able to create machines
to process language very well.
Computers are able to recognize, remember,
store, and manipulate
many forms of abstract symbols, including
every human language
and the special mathematical languages of
the sciences,
which only a few human beings can understand.
In fact, the words you are looking at right
now,
were put thru a machine which stored them
electronically
and which allowed, me the author, to
manipulate
them several times
before they were finally printed out by
another
machine.
But even tho
all these words went thru an 'electronic memory',
which kept every key-stroke for as long as
I wanted,
the computer never understood a word
of this text.
A computer does not comprehend what
is stored in its 'memory'
any more than a book in the library understands
what it contains.
Nevertheless
computers can become quite clever with language.
Human language can be broken down into its
component parts
---phrases, words, and individual letters
of the written form.
And a computer can be taught to 'translate'
a word
into another human language by being told
that they are equivalent.
But this is all being done mathematically
with ones and zeros in the processor of the
electronic brain.
The computer does not understand what
it is doing,
as all human translators do.
Many examples of computer mistranslation
show the limitations of this form of
'thought'.
The computer does not understand the symbols
it is manipulating.
It cannot grasp the leaps of thought we call
metaphors.
(For instance, what sense would it make of
a "leap" of thought?)
Computers are limited because they are not
persons.
They have no human experience
as a background for understanding what was
said.
Rather they must depend entirely on the
mechanical
structures
put into their 'brains' by human beings.
Ironically,
once
we have learned
to recognize the errors of language created
by computer 'thinking',
we may also notice similar things happening
in the language of children and the language
of senile people.
They may be able to repeat words they have
heard,
but the ways they put words together
show whether they understand what they are
saying.
Merely being able to 'parrot' a correct
statement
in a human language
does not prove that the speaker understands
the utterance.
D. The Sudden Loss of Language---As by a Stroke.
Thru-out my
adult
life, I have been a very verbal person.
From my first moment of consciousness in the
morning
until my last moment of consciousness at
night,
I find that my head is full of words.
Almost everything I do takes place thru the
medium of language.
I have about 50,000 English words stored in
my brain.
If I were suddenly to lose all of these tools
of thought,
I seriously wonder if I would still be a
person.
Sometimes a
cerebral
accident destroys language ability.
This might be a stroke or some other damage
to one's head
that causes the language parts of the brain
to cease functioning.
In many cases, some or all of this language
ability returns.
But if I were to lose my ability to understand
and use English,
I think that I would be a completely different
person.
Perhaps I would even become a former person
from this loss alone.
That will be for others to decide.
My Medical Care Decisions Committee must
decide
when I have become a former person, using
this essay as their guide.
If I could no
longer understand what people were saying to me,
it would be very difficult to relate with
me as a person.
I can even imagine having to be directed
around
like an animal,
with physical pushes and pulls rather than
instructions in English.
That might be such a significant loss of
dignity
that further life would no longer be
meaningful
to me
or to those who know me at the time.
Those who enjoyed knowing me as a person
would not be able to maintain anything like
our former relationships
if I could no longer understand or use
English.
Expressing myself in language
has been central to my life as a philosopher.
I now spend hours every day reading books,
thinking about their content,
discussing these ideas with other persons,
teaching classes, and writing books and
articles.
Without language none of this would be
possible.
Without language all I could do would be walk
around, eat, and sleep.
I would be a mere shadow of the person I am
now.
I know that
someday
I will be completely dead.
During the years after death,
I will no longer be able to use language to
do any further work.
Thus I recognize at least that limit to my
work as a philosopher.
But if I have a cerebral accident,
my life as a philosopher might end before
I am completely dead.
And then the question will arise
whether what remains of my life ought to be
peacefully terminated
and my remains reused as I have directed,
rather than keeping my body alive
out of respect for the person I used to be.
After I am dead,
I hope people will remember me as the person
I was.
But I do not see much value in having a
transitional
period
during which I can no longer be a person
but when I am still not completely dead.
Would I even
be able to know myself without language?
I understand that sometimes people who lose
language ability
are able to compensate by using other areas
of their brains
for processing their thoughts, such as singing
to themselves.
And maybe my loss of language would not be
complete or permanent.
I might have some capacity to relearn
language.
If I were to
lose my capacity for language,
perhaps this would feel like a return to
childhood,
before I knew any human language.
As a child, my experiences of myself and
others
was mostly feelings.
Perhaps I would revert to being completely
a creature of emotion
---no thoughts, just moods and impulses.
If I were to
enter such a 'second childhood',
then, of course, I would not be expected
to conduct any of my own affairs as an adult.
Others would have to take over those parts
of my life
that can only be done by an adult who uses
language.
(This verges on the loss of autonomy,
discussed
in Section V.)
If I were
robbed
of language,
I would not recognize my work as a
philosopher.
My books would have no more meaning to me
than to a dog.
Sometimes when I am reading at the lake,
an insect lands on the page and walks across
it.
This reminds me how meaningless these black
marks are
to any creature that has no language ability.
If I am ever reduced to the level of an
uncomprehending
being,
all concerned should wonder whether I am still
a person.
The people
around
me after such a catastrophe in my brain
may still respect James Park for the person
he was.
And this respect might not be very different
from after-death respect.
But it would be a sorry spectacle to anyone
who knew me as a person
to realize that I have been reduced to the
level of a family pet,
guided around by hand, having food put in
front of me,
being put to bed, being cleaned up after,
etc.
That certainly would not be a pleasant
experience
for anyone who knew me while I was still a
full person.
It might be better for strangers to
take care of such a former person
since they would have no memories of who I
used to be,
memories which would make such work more
tragic
and painful.
Without
language
I could no longer pursue the purposes
that were important to me during the best
years of my life.
So it might be better for my body to be
donated
to medical education
while it can still be of some interest and
use,
rather than waiting for the last of my
biological
life to end.
Keeping James
Park around after he has lost all language ability
does not seem a fitting memorial for my life
as a person.
I would not want to be remembered in such
a reduced state.
But if there is realistic hope that I might
return to full personhood,
then, of course, I should be given appropriate
means of support.
But if that hope is gone,
and if it is only a matter of time before
I will be completely dead,
then an earlier death might be better than
a later one.
It is
conceivable
to me that I might be in an intermediate state,
in which I might have lost almost all ability
to use language,
but I might still be able to understand
language.
I could have a good grip on what people were
saying
to me,
even if I could never find the correct words
to respond intelligently.
So if I still seem to be "with it",
able at least to understand English,
then perhaps my continued existence could
be meaningful to me
and to the people around me at that time in
my life.
If I am still able to read and understand,
that would show some verbal life somewhere
in my brain.
But if my language ability has been so damaged
that I cannot remember what I read or what
others say to me,
then I may have fallen below the level of
personhood.
And certainly
if I am in a coma or a persistent vegetative state,
language ability will have disappeared.
I do not understand things spoken in my
presence
when I am asleep,
even tho my ears are open to sounds at the
time.
In sleep, my mind is not 'warmed up' enough
to process most of the sounds that come to
my ears.
However,
there
are some remarkable stories of people
who seemed to be in a coma
but who later were able to report what
happened
to them
and what people said around them.
So we should not jump to conclusions
about the capacities of individuals who seem
to be asleep.
Also the loss
of language capacity
should be distinguished from hearing loss.
If I can still respond by turning my head
toward loud sounds, etc.
but I do not show any sign that I understand
what others say to me,
then I would have lost language capacity
rather
than hearing capacity.
I would have lost that special ability in
most human brains
to process and interpret language.
If I ever
return
to being a non-verbal creature (as I was in infancy),
unable to understand or use language or any
other symbol system,
I might still be able to respond to human
presence or to human touch.
I might remain a member of a circle of human
beings
who were still interested in relating with
me on that level.
What would it be like to be a member of a
group of human beings
who must relate with me completely without
words or symbols?
E. The Gradual Loss of Language---As in Alzheimer's.
In contrast
to
the sudden loss of language ability,
as in a stroke, which is always an obvious
crisis
that requires serious adjustments for everyone
involved,
it is more common for language ability to
slip away gradually,
a little each year as we grow older.
I have
already
noticed that I cannot spell as well when I am tired.
There are words that I have known and used
all my life,
the spelling of which completely eludes me
for the moment.
Later, when I am functioning a little better,
I remember how to spell them.
(At the top of this page, I could not remember
how to spell "gradual".)
If I were
slowly
to lose my language ability,
it might be some time before I noticed it
myself
or others became aware that my mind was not
functioning at its best.
I have seen some philosophers disgrace
themselves
in their later books,
which were only published because they were
well-known thinkers.
And some
creative
people in many fields acknowledge
that they have done their most creative work
before they turn 50.
Our mental abilities may be adequate to all
the normal tasks of life,
even teaching college courses,
but if we have no more creative bursts of
insight,
then we cannot be expected to produce any
more original works.
And as we are
all living longer,
more of us will decline mentally before our
bodies give out.
Our brains are the most delicate part of our
bodies.
And if the blood supply to our brains is
reduced,
we may discover that our thinking capacity
diminishes.
Perhaps this could be measured by how many
words we have forgotten.
If I slowly
lose
my language ability,
I will no longer be a creative philosopher.
I may be able to take care of the practical
matters of everyday life.
But I may no longer be interested in abstract
ideas.
I may use only simple words and concepts
---the tools of thought I have known since
childhood.
Complex concepts may elude my grasp.
And the words that express feelings
rather than ideas
may become the primary way in which I express
myself.
One
reason
for compulsory retirement
is that people who lose their creative and
flexible mental powers
do not always recognize what is happening
to them.
And if they hold powerful positions in a
corporation,
for instance,
it may be difficult to remove them.
If there were
good ways to measure the decline of mental powers,
then perhaps we could substitute these tests
for an arbitrary age.
But such tests might raise as many problems
as they solve.
The people
who
have known me for the longest time
will be in the best position to notice any
loss of mental powers.
Of course, these people will also be getting
older.
And perhaps they will also be losing some
of their mental sharpness.
So they may not notice or not care about
my loss of verbal or intellectual abilities.
But if I
assume
that at least some of the people who knew me
in my prime keep their mental abilities as
we grow older,
they may be the ones who will notice first
if I being to lose my ability to understand
and use language.
They may notice that I no longer enjoy reading
interesting books.
This has been the major way that I have spent
my adult life.
Daily I have enjoyed the life of the mind.
They may notice that I repeat myself,
trying to make silly points that I cannot
explain at a later time.
If a tape
recording
of me in my prime
were compared with me in my declining years,
then the loss of verbal and intellectual
ability
may be more striking.
If people who have known me for many years
find that they can no longer hold intelligent
conversations with me,
that could be a sign that I am beginning to
lose my language abilities
---and the other intellectual capacities that
depend on language.
They may rightly say that I do not seem to
be the same person.
And if my
loss
of language is permanent rather than temporary,
it could mark the beginning of a decline into
being a former person.
One way to measure the deterioration of people
with Alzheimer's
is to notice the number of words they still
recognize and use
and the number that have dropped out of their
active vocabularies.
If my vocabulary were to drop from 50,000
to 1,000 words,
that would be good reason for the members
of my
Medical Care Decisions Committee to meet
in order to consider the next phase of my
life.
In some cultures, dotage was expected of all
older persons.
If they managed to survive into old age,
they were allowed to live out their natural
lives,
being cared for thru their second childhoods
by the more functional adults around them.
Usually adult children take care of such
persons
in decline.
But as
medical
science and technology
are able to keep us alive for longer periods,
more of us will experience periods of
senility---and
for more years.
It used to be that physical death followed
soon after mental decline.
But that is not as automatic as it once was.
So our culture may need to develop new ways
to deal with a growing population of former
persons.
But even
before
any such changes in public policy,
individually we can tell those who care about
us
how we would like to be treated if we get
Alzheimer's disease
or some similar condition that requires others
to take care of us.
I have done this in my own advance directive
for medical care.
And this essay itself explains my philosophy
in detail.
If my MCDC
determines
that I have become a former person
according to my own definitions in this essay,
then I have directed that my last
consciousness
be shut down
and that the re-usable parts of my body be
given to
persons who can make better use of
them.
My body has supported me as a person for many
years.
But if it can no longer sustain me as a full
person,
I would be happy to know that at least some
of my organs
can support the lives of other persons.
If my mind gives out before my body,
then my body should be used for the benefit
of other persons.
Conversely, if I have an active mind while
my body is giving out,
I hope that I can receive the physical support
that will enable me
to continue living as long as my life remains
meaningful to me.
QUESTIONS FOR PROXIES
ABOUT LANGUAGE AND COMMUNICATION
As we saw
with
the other marks of personhood,
medical experts can provide some important
tests
for the loss of language ability.
And such expertise should be sought in all
cases
where important decisions depend on the
analysis.
But relatives and friends of longest
acquaintance
will be best able to compare the person they
knew years ago
with the individual now before them.
The analysis
of medical experts will be especially important
in cases of defective newborns.
Based on similar cases, they should be able
to tell the parents
what language limitations their newborns might
have later.
And if the baby will understand and use only
a few words,
then that child might never become a full
person.
But after the projections are made by the
experts,
the parents will still have to decide
whether to treat or not to treat a defective
newborn
who may have severe language limitations.
If we agree
that
language ability is a mark of personhood,
and if we are in position to make medical
decisions for others,
here are some common-sense questions we can
ask
to see if the individual for whom we must
decide
has perhaps lost so much language ability
that he or she has become a former person.
(Of course, those who examine any individual's
language ability
must know which human language that individual
knows best.
Mere lack of ability in English does not make
one a former person.)
1. Has _____ s language ability
deteriorated
significantly?
from the time when
he/she was a full person?
2. To what degree does _____
understand
what we say or write?
3. When _____ attempts to communicate
with us
do we get a vision
of what is happening inside him/her?
4. Or do _____'s utterances seem to
lack meaning and sense?
5. How well does _____ understand the
written, spoken, or signed
language that used
to be his/her medium of communication?
6. Has _____ lost the ability to
understand
comments
and instructions that
he/she used to understand easily?
7. Does _____ quickly forget the
beginning
of a conversation
before it reaches
its end?
8. Does the same conversation have to
be started over and over again?
9. Has _____'s capacity to communicate
declined
over a period of
months
or years?
10. If _____ used to be able to hold normal
conversations
has this capacity
disappeared
without an obvious
explanation such as hearing loss?
11. Does _____ have phases when communication
returns for a time?
12. How often and for what periods of time
have we been able
to communicate normally with _____?
13. Has verbal communication broken down to
such a degree
that those who take
care of _____ must use physical manipulation
such as guiding by
hand, carrying, or pushing in a wheel-chair
to get _____ from
one place to another?
14. Does _____ seem to understand why he/she
is being moved?
15. Do the experts we have consulted tell
us
that some of the lost
language ability will return later?
16. Or will the problem become progressively
worse?
17. How long should we wait to make sure of
the prognosis?
18. Does _____ seem to understand what
we say or write,
even tho he/she cannot
express
himself/herself?
(Professional opinion might help to answer this question also.)
19. Has the loss of language ability
made it impossible
for us to relate with _____ as a person?
20. If we were in a similar condition, what
would we want done?
21. Has _____ left any written instructions
about such a condition?
22. While still clearly competent, did _____
made comments
in other ways than
writing that express his/her wishes
for the kind of
situation
in which he/she now lives?
23. Has _____ lost his/her capacity for
personal relationships?
24. Does _____ seem to be so changed
by the loss of
language
and relationship capacity
that he/she seems
to be a different person?
25. Has _____ become a new personality in
some respects?
26. Has _____ reverted to a childish
personality
that is no longer
pleasing to be with?
(Sometimes spouses spend years caring for
former
persons
who no longer can relate as the persons they
once were.)
27. Has _____ left any oral or written
instructions
concerning what should
be done
if he/she loses the
capacity for interpersonal relationships?
(If while still a full person, he or she
had
such foresight,
then those who must decide will feel much
better
about carrying out any unconventional
directives.)
28. If _____ can no longer relate as a
person,
what would he/she
want?
29. Would _____ want his/her organs donated
so that others whose
bodies are failing
but who still have
language and interpersonal capacities
will be able to have
a few more years
of meaningful
interpersonal
relationships?
30. If _____ is married, has his/her spouse
considered divorce
because his/her
personality
has changed so much
that he/she hardly
seems able to love?
(This is not a moral failure.
Former persons may be mentally incapable of
love.)
31. Should a spouse be forced to remain
married
to a former person?
32. Or should the partner who is still a full
person
be given permission
to disconnect from the former person
and to get on with
his/her life,
for instance, to be
open to new relationships?
33. Or should the fully-functioning spouse
be forced to remain
loyal to the memory
of the still-living
but now radically changed spouse?
34. Should the fully-functioning spouse be
expected to remain
in a supportive
relationship
with the former person
even tho little or
no meaningful interaction is possible?
(If the now former person had given
approval
in advance,
merciful death might be a better alternative
than divorce and institutionalization for
the former person.
What values are to be achieved (and for whom)
by more years as a former person?)
These
questions
need not be answered in detail, one by one,
but they should lead to some meaningful
discussion
among the family and friends who have known
the patient for years.
Just how much change have they observed?
Out of such discussions a consensus may
emerge,
which can be communicated to the smaller group
of people
(perhaps a Medical Care Decisions Committee)
who are ultimately responsible for making
medical decisions
for the now former person.
When is a
person?
We are persons when
we can form goals and meaningfully pursue
them.
Persons are those creatures who have purposes
for living
and who organize their daily lives in order
to pursue those purposes.
We are not
required
to succeed in what we pursue,
but without some thrust to our lives,
we would not be full persons.
We become autonomous as we decide how to
use our time.
Animals, in
contrast
to persons, do not have purposes.
They certainly do act and behave
in specific ways,
but their lives are directed by instinct
rather than goals.
During the course of a day or a life, an
animal
may do many things,
but such activities are not autonomous because
animals lack
reasoning, responsibility, planning, and
principles
---all of which are signs of autonomous
behavior.
Animal behavior can be understood as
conditioned
responses
and stereotyped patterns given by their genes
and hormones.
(There are
some
thinkers who claim that persons are no different,
that even human behavior can be reduced to
instinct and learning,
but we will not attempt to refute such
reductionism
here.
See the chapter on freedom in my Spirituality
for Humanists.)
To be a full
person includes having a sense of purpose,
to be directed toward goals.
If we ask persons what they are trying to
do,
they can explain the outcomes they have
in mind.
In many cases such purposes have been provided
by society,
but the persons have internalized and owned
these goals.
(Here we will
deal with "autonomy"
only in the broader sense of having internal
governing principles,
even if it can easily be seen that these
purposes
were enculturated.
A higher meaning of "autonomy" points to a
capacity of persons
that enables them to transcend such
culturally-provided
goals
and choose purposes in life that were not
recommended.
This higher meaning of "autonomy" is explored
in James Park's
Becoming More Authentic: The Positive
Side of Existentialism.)
A. The Emergence of Autonomy in Children.
As children
become
aware of themselves as separate beings,
they assert their independence first in small
ways,
such as refusing the food that is put before
them
and demanding other foods they like better.
Children soon learn to say "no" to their
parents
and to make their contrary wishes known.
Until the emergence
of these first signs of autonomy,
much of children's behavior can be understood
on the animal model,
as responses arising from internal need and
conditioned responses.
But as they become more conscious of
themselves
as independent beings with their own wishes
and dreams,
they begin to express their personal
identities
in their choices.
As children
grasp
the connections between cause and effect,
and as they develop personal preferences based
on experience,
they begin to 'lay plans' to obtain what they
want.
A baby's first 'purposes' may be merely to
be fed or changed.
The reduction of suffering may be its first
'goal'.
By trial and error, by crying and fussing,
the baby learns to get what it wants from
its parents.
Later the
child
will develop a much more elaborate set of aims.
And it will be able to pursue projects
lasting several days, months, and eventually
years.
B. Autonomy Includes a Meaningful Sense of Time.
While we were
still children, the present was very short.
We had little past we could remember.
And the future we projected was only a few
minutes.
But as we
grew
older, we developed a full sense of time
---having a remembered past, an active
present,
and a projected future.
We remembered events in our lives from days
or months ago.
We learned to anticipate future events by
a few days or weeks.
And as we became more fully adult,
we could embrace several years ahead in a
single thought.
Also by
contrast,
we note that animals have a short present.
Normally they have no need to remember a
distant
past
and no reason to plan for a distant future.
For most of them today (or at most
this season)
is a large enough horizon of time.
(Some animal 'preparations' for the next
season
are really instinctive behavior.
The squirrel does not know why it
hides
nuts.
It just keeps doing it because it is driven
to collect nuts,
even if it has far more than it could ever
use.
Likewise, bees store honey instinctively.)
Our ability
as
persons to embrace the future
requires another mark of
personhood---memory---discussed
above.
We can plan for our futures because we
remember
our pasts.
Instead of merely repeating patterns from
the past,
we can 'run ahead' of ourselves and pick a
better path.
With knowledge of what others have already
tried,
we can make modifications of the old ways
or devise entirely new ways of inventing our
lives.
C. As Adult
Persons
We Invent Our Own Goals
And Develop Moral Capacity.
We become
autonomous
persons by devising goals for ourselves.
Instead of experiencing the future as one
surprise after another,
we learn to take charge of our futures by
establishing our own goals.
These
purposes
for the future will be based in past experience.
And our first goals will likely be purposes
our culture recommends.
We internalize these values and make them
our own.
Later, we may
become autonomous in the higher sense
of resisting the assumed values and purposes
of our given culture
and deciding to pursue meanings not provided
by others.
In either
case,
we take moral responsibility for our lives.
We begin to 'own' our selves
and to direct our lives toward our own
meanings.
We make long-term plans intended to reach
meaningful goals
and begin to put them into action.
We make promises to other persons that extend
into the distant future.
We follow our plans step-by-step, from one
day to the next,
week-by-week, month-by-month, year-by-year.
Some of our goals take a whole life-time to
achieve.
And some will never be achieved,
but we show ourselves to be persons
when our behavior is organized and purposeful,
when we take full responsibility for what
we do with our lives.
D. Children Cannot Be Trusted to Handle Money.
The emergence
of personal responsibility
may be observed in the ways children handle
their money.
When children first learn what money is,
they have a poor grasp of various magnitudes
of money.
They are more likely to count the number
of coins and bills
than to calculate the total value.
It takes some instruction for them to realize
that 100 pennies
adds up to the same value as 1 dollar
and that five one-dollar bills equal one
five-dollar
bill.
But children
soon learn to exchange money for other things.
And the objects they want seem more valuable
than the paper money.
So they can often be induced to exchange
inappropriate amounts of money for something
they want.
The wishes of the moment may seem
overwhelmingly
important
compared with something the same money can
buy at a later time.
So they see little sense in saving for the
future.
When given small amounts of money, they spend
it immediately.
(We may know
adults who are even more irresponsible:
They spend money even before they have
it.)
We illustrate
our degree of responsible autonomy
by how well we handle our finances.
Responsible adults usually manage children's
money
until the children show they can handle their
own money well.
One of the
passages
from childhood to adulthood occurs
when we become financially independent of
our parents.
When we make our own earning and spending
decisions,
we have become autonomous persons in the
financial
sense.
E. Some Retarded
Individuals Never Become
Responsible, Autonomous Adults.
However, some
individual human beings never become capable
of handling their own affairs, especially
financial affairs.
Some retarded individuals remain child-like
in their decision-making.
The abstract concept of money is beyond their
grasp.
Retarded
individuals
can often be trained to handle personal care,
but with respect to the other activities of
their lives,
responsible adults must often guide them.
Every day they have to be reminded what to
do.
They never form life-purposes of their own.
Some retarded individuals can be guided by
human language,
but others never learn to understand human
words,
so they require intensive supervision and
assistance.
Unless something changes to correct their
retarded condition,
their whole lives will have to be controlled
by responsible adults.
Retarded
individuals
certainly have some level of consciousness
(altho sometimes only a low level of
self-awareness).
They usually have some capacity of memory.
They vary in their capacities to understand
and use language.
But almost none of them develops the capacity
of autonomy.
(This lack of adult autonomy is usually what
defines them as retarded.)
Thus they have two or three of the marks of
personhood,
but because they lack autonomy,
they cannot take full responsibility for
themselves
as adults.
As a society,
we respect retarded individuals as human beings,
but we do not give them all the rights and
responsibilities of adults.
We may find it difficult to relate with them
as adult to adult
if they have never developed the adult
capacity
to make their own plans in life
and to pursue them in meaningful and effective
ways.
They may never become autonomous persons.
In law and
common
sense, we relate with these individuals
in different ways than we do with full
persons.
For instance, we allow them to vote
only if they show some sense of who they are,
where they live, and what voting means.
In many ways, some retarded individuals remain
children all their lives.
F. If I Enter a
'Second
Childhood',
I Will Lose My Ability to Handle My Own Affairs.
Autonomy is
the
last capacity of personhood to emerge
and the first to disappear.
We do not become fully autonomous until we
become adults.
And if the people around us notice
that we have begun to lose the ability to
run our own lives,
we may be entering a 'second childhood'.
As we noted
with
respect to children,
the inability to handle money may indicate
lack of adult autonomy.
Society has formal ways of saving us from
wasting our money
if we become incompetent to handle our own
financial affairs.
A guardian or conservator can take over these
functions for us.
If I begin to
make foolish financial decisions,
such deterioration may suggest other forms
of mental loss.
I may also have problems remembering important
matters.
I may be losing some of my former ability
to understand language.
I may even begin to forget who I am.
If these
things
happen to me, I suspect that I will resist
losing my adults privileges and
responsibilities.
Children usually think they are ready to be
adults
before their parents give them adult rights
and responsibilities.
Likewise at the end of life,
I will probably want to hold on to my driver's
license
longer than would be safe for myself and
others
on the road.
Because it
requires
a degree of self-understanding
to notice that I am losing my powers as an
autonomous person,
perhaps others will notice these losses before
I do.
Or maybe I will have some periods of lucidity
in which I fully grasp how 'out of it' I was
in an earlier moment when I made a foolish
decision.
This is why deciding my competence is a
responsibility
that must be taken by persons of unquestioned
competence.
The members of my Medical Care Decisions
Committee
are charged with this responsibility
of deciding when I am no longer competent
to handle my own affairs,
both my financial affairs and the management
of my medical care.
If I begin to
lose my mental powers,
I may forget the relative value of different
amounts of money.
Dollars may become just numbers written on
a check.
I might even find it necessary to have others
write the amount.
If I merely sign checks, others may begin
to take advantage of me.
And that would be the time to turn my
financial
affairs over
to someone who always understands what is
going on
and who can make fully-rational decisions
about financial matters.
If I can no
longer
remember how much various things should cost,
if I only remember that I signed a check but
not the amount paid,
and if I forget to record the amounts of my
checks,
then it may be time for someone else to take
over that part of my life.
If handling
my
financial affairs is the only ability I have lost,
then I might still be considered a person
by those around me.
I might well be able to relate with other
persons in meaningful ways,
even tho I no longer possess the ability to
concentrate enough
to make wise investment decisions, for
instance.
And if I have
an extended period of 'second childhood',
I can only hope that it will be as enjoyable
as my first childhood.
If I do not seem to enjoy my life in this
diminished state,
that should be taken into account by my MCDC
in making the decision
about just when and how my life should draw
to a close.
It will also
be relevant to ask
how I am being cared for in second childhood.
I have written my personal views about living
in a nursing home
in my advance directive for medical care.
And I think this is a question each person
should address
---while still competent and well able to
consider the alternatives.
G. If I Lose My Purpose for Living.
Even before I
lose my capacity to take care of my practical life,
I may lose the more subtle (and more
important)
purpose
for living.
During the
best
years of my life,
I have always had significant projects to
pursue.
In fact, I always had more projects than time
in which to pursue them.
But if my mental powers decline, I may lose
interest
in what I used to think were the most
important
goals in my life.
This will not invalidate the purposes I
pursued.
It will mean that I have become a different
person,
perhaps a less autonomous and purposeful
person,
or that I have become a former person
---if I have lost all goals and
purposes
for my life.
Or maybe my
former
sense of purpose will become intermittent:
I may have days when I pursue the central
values of my life
and other days when such meanings no longer
interest me.
If my former purposes in life are sputtering
out,
perhaps that phase of my life will be like
sleeping and waking.
In my dreams lots of odd things happen.
But when I awake, I recognize it was a dream.
The things I was trying to achieve in the
dream were often absurd.
Once I am awake, I can resume my real purposes
in life.
Or perhaps I
will develop odd behavior when I am awake
---activities that arise from the same place
as my crazy dreams.
Maybe my awake self will be replaced by my
dreaming self.
That could be like sleep-walking:
I remember what I did when I was partly
asleep,
but the behavior makes no sense to me after
I am awake.
Perhaps sleep-walking is a preview of being
senile.
If I am no
longer
capable of making plans
and carrying out meaningful projects,
then I will have lost my capacity of autonomy.
If the loss is temporary, I will return to
my autonomous mode
when I recover my mental powers more fully.
But if I just give up trying to do anything
at all,
that could mark the beginning of the end of
my life as a person.
Again, I must
leave such evaluations to my proxies
because my ability to evaluate may disappear
with my autonomy.
QUESTIONS FOR PROXIES ABOUT AUTONOMY
Once again,
proxies
should consult with medical experts
to get their professional opinions about the
causes, possible cures,
and general prognosis of a
possibly-incompetent
former person,
but they should not depend on such
professional
expertise.
Their own personal experience with the
individual
in question
will probably lead them to a better judgment
than depending on professional analysis alone.
The common-sense and everyday observations
by the people
who have known the individual for several
years
will best indicate just how much autonomy
that individual has lost.
The following
questions need not be answered in detail,
unless some of them seem especially relevent
or revealing.
Those who have been closest to the individual
may have
specific illustrations of the issues raised
by these questions.
1. Has _____ begun to lose the
mental
powers
that formerly
enabled
him/her
to make plans and
carry them out?
2. Does _____ plan to make next year
different from this year?
3. If _____ was formerly a responsible
adult, does he/she now
show signs
of becoming more like a dependent child?
4. Has _____ abandoned his/her former
goals and purposes?
5. Does _____ himself/herself recognize
the loss of mental power?
6. Have we as the persons who are
closest
to _____
found
it necessary to argue long and hard
to get
him/her to change his/her mind about something?
7. Does _____ stick to arbitrary
positions
without justification?
8. Is _____ still able to handle his/her practical affairs?
9. Has _____ made some foolish
financial
or practical decisions
that illustrate
a loss of perspective on his/her life?
10. Do we as the ones who are clearly
responsible
for _____
find it
easier to make the decisions ourselves
rather
than asking for a reasoned judgment from _____?
11. Have we found it necessary to take over
his/her financial affairs,
at least
perhaps the major financial decisions?
12. Does _____ know the difference between
$100 and $1,000?
13. Has _____ allowed important decisions
to be made by others?
14. Does _____ have to be watched to prevent
dangerous activities?
15. Is _____ realistic about the amount of
food to eat at one meal?
16. Does _____ know how much it costs to live
for one week?
17. Does _____ know how much it costs to live
for one year?
18. Does _____ realize that he/she will die?
19. Is _____ realistic about how many years
remain in his/her life?
20. Has _____ made realistic plans for
the distribution
of his/her assets and other goods upon death?
21. Does _____ seem interested in growing and changing?
22. Has _____ made any significant changes
in his/her life recently?
23. Are there any realistic plans for change
in the future?
24. Or is _____ prone to just wait for things
to happen?
25. Does _____ resist change at all costs?
26. Does _____'s life history seem mostly
set now
---with
no new phases of life yet to begin
such as
moving to a different place
or
starting
a new relationship?
27. Is _____ well grounded in the real world?
28. Does _____ have a good grasp of cause
and
effect?
29. Does _____ understand social possibilities
and impossibilities?
30. Has _____ attempted to carry out
unrealistic
plans?
31. Even tho _____ has the will to do
something,
is this
tempered by a sense of reality?
(Children often have elaborate dreams and
wishes,
but their parents have to help them sort out
what is really possible.
Full persons can do their own reality-testing,
but former persons may have to be guided by
others once again.)
32. Does _____ have a realistic grasp of time?
33. Does _____ seem to have lost a
comprehensive
sense of time,
a sense
that embraces the past
---especially
his/her own life-story---
the
present
moment in which goals can be actualized,
and the
future as a time in which to invent new possibilities?
34. Has _____ given up practical concern for
the future,
moving
into a 'second childhood',
in which
the future just rolls over him/her as more present?
35. Does _____ have specific plans for the
future,
definite
projects that can be pursued and perhaps completed?
36. Or does _____ do only what others tell
him/her to do,
perhaps
not fully understanding
the
purposes
behind the activities?
37. Has _____ given up the process of
planning,
even for tomorrow?
38. Has planning for _____'s future fallen
to others by default?
39. Has _____'s time-horizon shrunk to the
immediate present?
(A child cannot get excited about a project
that begins next year.
Likewise someone becoming a former person
thinks only of the present
---or gets lost in memories of the past.)
40. Does ____ get confused about what time
of day it is?
41. Does ____ get confused about what month
this is? What year?
42. Does ____ have to be guided thru the day
and the week
because
he/she often gets confused about what time it is
and what
activities are appropriate right now?
43. Does _____ remember where he/she is
in a
project
that takes a few days to complete?
44. Does _____ make plans for
a time that will never come?
45. Does _____ become frustrated when results
are not forthcoming
as soon
as he/she would wish?
46. Has _____ lost the sense of how long it
takes
to travel
from one place to another
or how
long it takes to prepare a meal
or to
complete other household activities?
47. Does _____ know how many days there are
in a year?
48. Does _____ know how many weeks there are
in a year?
49. Does _____ know how many days there are
in a week?
50. Does _____ know how many hours there are
in a day?
51. Are there lapses in such awareness of
time?
52. Does _____ forget what year it is?
53. Does _____ remember how old he/she is?
54. Does _____ have the capacity to make medical decisions?
55. Does _____ understand his/her current
condition?
56. Is _____ able to make independent
decisions
about
his/her welfare and medical treatments?
57. Is _____ able to balance the benefits
and burdens
of a
proposed
medical treatment?
58. Does _____ understand what will happen
if the
current condition is not treated?
59. Does _____ have unreasonable fears of
some treatments
that make
him/her avoid them even tho serious harm may result?
(A child understands only that an injection
is going to hurt.
The child cannot fully appreciate the benefits
of inoculations
because these benefits must be explained
abstractly,
in terms that have little connection with
the experience of a child.
Some adults similarly have irrational fears
of doctors and treatments.
If they always avoid needed medical attention,
others must take responsibility for their
medical care.)
60. Does _____ understand the proposed
treatment?
61. Does _____ understand the complications,
benefits, and risks
of the
proposed treatment?
62. Can _____ communicate his/her views
concerning
treatment?
63. Does _____ have a realistic grasp of the
consequences
for
himself/herself
both mentally and physically?
64. Does _____ understand the impact of these
decisions on others?
65. In short, does _____ have the capacity
to give
informed
consent for medical procedures?
66. Has _____ shown some lapses in his/her reasoning power?
67. Has _____ become irresponsible in some
ways?
68. Does _____ seem incapable of carrying
thru with commitments?
69. Does _____ remember commitments made
earlier?
70. If _____ was trustworthy as an adult,
has that
been lost in recent years?
71. As a practical matter, do others need
to supervise ____ ?
72. If not given constructive suggestions,
does _____ do nothing?
73. Does _____ spend endless hours in
meaningless
activities
such as
watching television?
74. Can ____ explain who he/she is
and what
his/her purposes in life are?
75. Does _____ exhibit lapses of reasoning,
such as
following obvious facts of erroneous conclusions?
76. Is _____ unable to evaluate advertising
claims, and therefore
prone
to buy foolish, unneeded,
or
worthless
products and services
merely
because of the convincing advertising?
(This could be similar to a child's
response
to advertising:
It looks wonderful on television, so I want
it.
Parents or other adults must protect children
from such naive trust in advertising claims.
When adults are similarly prone to waste their
money
on useless products and services,
they need to be protected from their own
naivete.)
77. Does _____ hold stubbornly to beliefs
without
foundation?
78. Is _____ impervious to evidence contrary
to a cherished belief?
79. Has _____ exhibited an inability
to follow
a logical argument to its conclusion?
80. Or does _____ begin with the
conclusion
and hold
fast to that belief no matter what contrary evidence
and
arguments
are presented against it?
81. Does _____ rigidly hold a position
without
being able to explain or defend that belief?
82. Or can _____ be led to change his/her
mind
when the
facts are fully explored and understood?
(Rigid thought-patterns and imperviousness
to facts and arguments
is another characteristic sometimes found
in children.
And because they cannot reason very well for
themselves,
they must be supervised by adults.
If former persons demonstrate the same defects
of reasoning,
they also need to be supervised by adults
who still think clearly.)
83. How well does _____ process
information
and
reach rational conclusions?
84. Can _____ hold several bits of
information
in mind at one time
in order
to weigh the factors and reach a logical conclusion?
85. Or does _____ seem to ignore or forget
some facts
when new
ones are presented,
so that
he/she goes along with the most recent suggestion
rather
than weighing all relevant facts appropriately?
(Senile people can easily be manipulated,
because they fall back on trusting individuals
rather than facts
when their own thought processes become feeble
and untrustworthy.
If important facts easily slip out of
consciousness,
their reasoning is impaired.)
86. Does _____ depend on the opinions of
others
as a substitute
for making
rational decisions?
87. Does _____ sometimes seem to be unduly
under the influence
of a
particular
person (or several persons) such that _____
follows
their advice rather than making reasoned choices?
88. Is _____ able to assign appropriate
weighted
significance
to various
factors in order to reach a wise conclusion?
89. Does _____ reject and deny certain facts
because
they might lead to conclusions he/she does not like?
90. Does _____ seem to have a willful
'blindness'
to facts
and opinions contrary to the positions already taken?
91. Does _____ later recognize that he/she
was misled by others
who
supplied
truncated 'information' in order to elicit
a desired
decision or a particular behavior?
92. And if _____ recognizes such lapses of
information processing,
is he/she
willing (in his/her more lucid moments)
to leave
some important decisions to other adults
who are
not subject to being so easily misled?
93. Can we cite occasions when _____ was taken
advantage of
because
of defects of reason
or defects
of information-processing?
(It is easy to cite such examples among
children
---when, for instance, older children take
advantage of younger ones
who have not yet developed their abilities
to process information
---to weigh benefits and burdens---in order
to reach wise conclusions.
When the same thing happens to vulnerable
adults,
it may be time for others to supervise their
most important decisions.)
94. Does _____ have a stable and consistent personality?
95. Does _____ make consistent choices
in a
direction
that makes sense at least to himself/herself?
96. Or has _____ lost a sense of being a
stable
person
and become
capricious and irresponsible in his/her 'decisions'?
97. Does _____ show a pattern of decisions
and behavior
that can
be understood by others?
98. Can _____ explain to others the
reasons behind his/her choices?
99. Do these 'explanations' sometimes
seem whimsical?
100. To people who have known _____ for a
long time,
does he/she seem to have lost a sense of himself/herself?
101. Has _____ lost a formerly coherent
pattern
of personality
that made him/her a consistent person from one day to the next?
102. Does _____ recognize former patterns
and purposes
of his/her life as his/her own?
103. Or do these life-goals seem to belong
to some other person?
104. Has _____ lost interest in some
dimensions
of life
that used to be very interesting?
105. Do others have trouble relating with
_____
because he/she now seems to be a different person
from the one they knew in former times?
106. If _____ has new purposes in life,
do they seem rational and realistic?
107. Or do the new plans seem more like the
dreams of a child,
who has an unrealistic grasp of what is possible?
108. Does _____ have problems of self-control?
109. Does _____ engage in self-destructive
behavior,
such as drinking alcohol and/or taking drugs?
110. Does one part of _____ wish to pursue
healthful activities,
whereas another part seems bent on self-destruction?
111. Does _____ regret self-destructive
behavior?
112. Does _____ need to be protected from
himself/herself
because at times his/her self-destructive side takes over?
113. Does _____ in his/her 'better self' agree
that he/she needs to be supervised
because of lack of control at certain times?
(One of the most common situations that
call
for protection
and supervision would be problems with drugs
and/or alcohol.
When sober, the individual would freely sign
an agreement
to be protected from himself/herself when
the craving
for the addictive substance becomes too great
to resist.
When adults become vulnerable and
irresponsible
in this way,
sometimes they become like children again.
And they need a paternal hand to guide them.
Also the effects of the substance-abuse
may have taken away some of their autonomy.
This will be determined by asking the other
questions in this essay.)
We began this
essay by asking when a child becomes an adult.
And we discovered in that discussion that
the exact age of transition
depends on who is drawing the line
and for what purpose.
The same will happen when we attempt to draw
the line between
pre-persons and persons:
Just when we cease being pre-persons and
become
full persons
will depend on who is drawing the line and
for what purpose.
The parents
of
a fetus (and later baby)
are the logical ones to draw any lines that
may be needed.
Adults have more complicated relationships
than children,
which makes it more difficult to create their
MCDCs.
But very early in biological life,
the only people really involved are the
parents.
The two people who created a new human being
should make any decisions about that human
being.
The focus of
this essay asking "When is a person?"
has been on empirical, observable
facts.
The line between personhood and former
personhood
is drawn by looking for the four capacities
of persons:
consciousness, memory, language, and autonomy.
But some
people
may prefer a metaphysical concept of person.
This would depend more on definitions
than on observations.
For example, we could define a fetus
as a person
because it has the potential to develop into
a full person.
Such speculations will be left to others.
Here we will
ask about the personhood of fetuses
with the same questions we used to examine
the personhood of adults
and of individuals who might have become
former
persons:
Does the fetus have consciousness, memory,
language, and autonomy?
In the four
major
sections of this essay,
we did mention the emergence of consciousness
and self-consciousness in children,
when children begin to show signs of memory,
when they develop language abilities,
and when they are autonomous enough
to assume responsibilities.
Every parent knows about the emergence of
these capacities.
When
infants
are born defective,
missing some of these potentialities,
the doctors and the parents will have to
assess
the likely level of future functioning for
that child.
Deciding whether or not to treat a defective
newborn
may be the context in which to ask: "Is this
newborn a person?"
And the ones who must answer are the parents,
drawing on everything the doctors can tell
them.
The 200
questions
listed earlier
can easily be adapted to the situation of
a fetus or a newborn.
For example, Is the fetus conscious and/or
self-conscious?
Does the fetus show any signs of remembering
anything?
Does the fetus understand and use language?
Does the fetus have plans it will later put
into effect?
We might
decide
after asking as many of these questions as we like
that a fetus is similar in personhood
to an adult who has fallen into a persistent
vegetative state:
It is not conscious of itself.
If it has never been outside of the womb,
it has little to remember.
Its language ability must be at a very
rudimentary
level.
And few would claim that a baby has autonomy.
But the basic
difference between grandma in a coma
and a fetus in the womb is that the fetus
has more potential
to become a full and functioning person.
Sometimes people do recover from comas.
And we readily accept them back into the human
community if they do.
But more often we have to make their decisions
for them
for the rest of their biological lives.
As this essay
did not offer generic principles
for distinguishing full persons from former
persons,
neither will it offer simple tests
to separate pre-persons from full persons.
This is a task for the parents to undertake,
bringing in their own metaphysical views if
they wish.
This essay merely offers a couple of hundred
empirical questions
that might be helpful in making subtle
distinctions
if needed.
The reason
for
discussing adults before babies
is that we can be more reasonable about
ourselves
and other adults
than we can be about babies.
But once we have decided when to pull our
own plugs,
we can be more rational about pulling the
plugs for our children.
We can apply the Golden Rule:
If we would not want to be kept 'alive' as
former persons,
perhaps we would not wish similar conditions
on our children.
APPENDIX: SIMILAR ATTEMPTS TO DESCRIBE PERSONHOOD
Rorty, Amelie Oksenberg
Mind in Action: Essays in the Philosophy
of Mind
(Boston: Beacon Press, 1988) "Persons and
Personae" p. 27-46.
Rorty first
offers
7 themes she has discovered
in prior attempts to construct a concept of
person:
1. Beings worthy of respect by other
persons
as persons.
Sometimes this
has excluded 'barbarians' (foreigners) or slaves.
2. The person as defined by law:
having continuity thru time
being the same body thru time
being responsible for its acts
having memory of its former stages of life.
The insane and
the senile do not quality as persons under the law;
or they are diminished persons, with fewer
rights and responsibilities.
The law can
also definite a corporation as a legal person,
with many of the same rights and
responsibilities
as a natural person.
But a corporation does not have all
the rights of persons,
for example, it has no right to marry.
3. Being an autonomous agent:
capable of defining itself
capable of making plans
capable of carrying them out.
4. A being that takes part in social
interactions.
The interactions
of persons are intentional, not merely accidental.
The weather and animals also interact,
but their interactions do not make them
persons.
Persons take
others seriously.
They can enter into meaningful relationships.
5. A being with a shaped, structured life,
a life-plan and -history.
Persons have
histories in a deeper sense than countries or canyons.
If a being cannot devise and follow a
life-plan
of its own,
then it is a not a person.
6. Genetic individuation, having its own
unique
DNA.
But this is
not a satisfactory definition of a person,
because plants and animals also have unique
DNA.
7. A person experiences himself or herself
as I.
We are more
than disjointed series of experiences.
We experience ourselves as the object and
subject
of a continuing series of experiences, some
simultaneous.
The I
constructs its world and its coherent place in that world.
Entities not
capable of self-conscious reflection are not persons.
On page 43 Rorty
offers her own definition of a person, in Italics:
"A person is a unit of agency, a unit that
is
(a) capable of being directed by its
conception
of its own identity
and what is important to that identity, and
(b) capable of acting with others, in a common
world.
A person is that interactive member of a
community,
reflexibly sensitive to the contexts of her
activity,
a critically reflective inventor of the story
of her life."
Feinberg, Joel
"Abortion", a chapter in Matters of Life
and Death, edited by Tom Regan
(Philadelphia: Temple University Press,
1980)
p. 188-189.
Feinberg offers this common-sense definition of personhood:
"What makes me certain that my parents,
siblings,
and friends
are people is that they give evidence
of being conscious of the world and of
themselves;
they have inner emotional lives, just like
me;
they can understand things and reason about
them,
make plans, and act; they can communicate
with me, argue, negotiate,
express themselves, make agreements, honor
commitments,
and stand in relationships of mutual trust;
they have tastes and values of their own;
they can be frustrated or fulfilled, pleased
or hurt....
In the commonsense way of thinking,
persons are those beings who are conscious,
have a concept and awareness of themselves,
are capable of experiencing emotions,
can reason and acquire understanding,
can plan ahead, can act on their plans,
and can feel pleasure and pain."
Tooley, Michael Abortion and Infanticide
(Oxford: Claredon, 1983)
This is a
careful
philosophical exploration of the concepts and
moral arguments concerning the practices of
abortion and infanticide.
Tooley takes the position that there is no
moral offense
in ending a human life up to about 3 months
after birth
because earlier than that the infant has not
yet become a person.
His exploration of personhood may be the most
original part of the book.
Engelhardt, H. Tristram, Jr. The Foundations of Bioethics
(New York: Oxford University Press, 1986) p. 107, 108.
This book
contains
two chapters addressing the issue of personhood,
at the beginning and end of human life.
The author clearly believes that full persons
should have higher status
and more rights than pre-persons or former
persons.
The ability to make responsible decisions
("moral agency")
is one of the most distinctive marks of
personhood.
The following two quotes are from pages 107 & 108 respectively:
"What distinguishes persons is their
capacity
to be self-conscious,
rational, and concerned with worthiness of
blame and praise.
The possibility of such entities
grounds the possibility of the moral
community.
It offers us a way of reflecting on the
rightness
and wrongness
of actions and the worthiness or unworthiness
of actors.
On the other
hand, not all humans are persons.
Not all humans are self-conscious, rational,
and able to conceive of the possibility of
blaming and praising.
Fetuses, infants, the profoundly mentally
retarded,
and the hopelessly comatose provide examples
of nonpersons.
Such entities are members of the human
species.
They do not in and of themselves have standing
in the moral community.
They cannot blame or praise or be worthy of
blame or praise.
They are not prime participants in the moral
endeavor.
Only persons have that status."
....
"For this
reason
it is nonsensical to speak of respecting
the autonomy of fetuses, infants, or
profoundly
retarded adults,
who have never been rational.
There is no autonomy to affront.
Treating such entities without regard
for that which they do not possess, and never
have possessed,
despoils them of nothing.
They fall outside the inner sanctum of
morality."
Engelhardt
goes
on to discuss further the difference between
human personal life and human biological life.
He acknowledges that zygotes, embryos, and
fetuses
are potential persons, but until they become
full persons,
they do not possess the rights of persons.
He also acknowledges that animals have some
rights
because they have some level of consciousness.
Fletcher, Joseph Humanhood: Essays in Biomedical Ethics
(Buffalo, New York: Prometheus Books, 1979)
In the first
chapter Joseph Fletcher,
best known for his Situation Ethics,
presents 15 marks of a person:
1. Minimum intelligence: Below IQ 40
individuals
might not be persons;
below IQ 20 they are definitely not persons.
2. Self-awareness: We note the emergence of
self-awareness in babies;
and we note when it is gone, for instance, due to brain damage.
3. Self-control: Because a person understands
cause and effect,
he or she can effectively work toward fulfilling freely-selected goals.
4. A Sense of time: Persons can allocate their
time toward purposes;
non-persons 'live' completely in the present moment, like animals.
5. A Sense of futurity: Persons are concerned
about their futures;
persons lay plans and carry them out; they build their futures.
6. A Sense of the past: Persons have memories
of their pasts;
they can recall facts at will; they honor the past.
7. The Capacity to relate to others: Persons
are social animals;
they form bonds with others, both intimate and collective.
8. Concern for others: Persons always reach
out to others;
non-persons draw into themselves, even pathologically.
9. Communication: Persons communicate with
other persons;
if they become completely cut off, they become sub-personal.
10. Control of existence: Persons take
responsibility
for their lives;
those who do not guide their own behavior are sub-personal.
11. Curiosity: Persons naturally want to know.
If they lose this desire to know, they are less human.
12. Change and changeability: Persons can
grow into new phases of life;
If they resist change completely and totally, they are sub-personal.
13. Balance of rationality and feeling:
Persons
have both
reason and emotion; one who is distorted either way is not whole.
14. Idiosyncrasy: All persons are different
from one another;
the less individuality, the less personhood.
15. Neo-cortical function: Personhood requires
cerebration;
if the higher brain is dead, there is no consciousness, no personhood.
Dennett, Daniel "Conditions of Personhood"
in What Is a Person? edited by Michael
F. Goodman
(Clifton, New Jersey: Humana Press, 1988) p. 145-167.
Dennett
describes
six interlocking conditions
that make human beings persons:
1. Rational beings.
2. Have intentional states of consciousness.
3. Are regarded as persons by others.
4. Capable of reciprocating with others.
5. Capable of verbal communication.
6. Self-conscious.
Doerr, Edd & James W. Prescott Abortion Rights and Fetal 'Personhood'
(Long Beach, CA: Centerline Press, 1990) Second Edition 151 pages
This is a
pro-choice
book of essays
from a conference sponsored by the Americans
for Religious Liberty.
Personhood is understood here only in the
legal
sense.
A fetus becomes a person
when someone in power and authority declares
it to be a person.
There is some attention to 'viability',
the point when a fetus could live independent
of its mother's body,
but this seems to be the closest the authors
come
to an empirical concept of personhood.
Does a fetus
have any rights?
Under most systems of laws on earth, no.
But a fetus could have rights if such were
granted by law.
What about
brain
development before birth?
Other animals have pre-birth brain activity,
but they never become persons.
In most
cultures
the birth of a baby
welcomes it into the human community.
But infanticide was often permitted.
Each culture defines the status and rights
of the baby.
Different cultures recognize personhood
beginning
at different points:
When does an aborted fetus deserve to be buried
as a person?
Even in Roman Catholic hospitals,
small fetuses are not buried with the rites
and honors of a person.
Historically, different cultures have
different
points
at which the baby is recognized as a member
of the community:
baptism, naming, walking, clothing, doing
certain actions, etc.
And there may be many levels of personhood
up to adulthood.
In some cultures there is a 7 or 8 day waiting
period
between biological birth and presentation
to the community,
when the baby is brought outdoors.
Usually the
death
of a fetus before social birth
is not considered as great a tragedy as the
death of a child.
Here again, people are defining
the moment a new-born becomes a person.
Sometimes coming into personhood coincides
with naming the child.
In Western cultures, this generally takes
place before baptism.
This
conference
mostly omitted empirical questions
about the personhood of the fetus, which is
the focus of this essay,
"When Is a Person? Pre-Persons and Former
Persons".
Perhaps the next such conference can ask
questions
like those embodied in this essay.
If you would like to have a printed copy of this essay,
go to James
Park's
Complete Works, Medical Ethics section.
Go to the Personhood
Bibliography.
This bibliography includes all the books mentioned above,
but it also includes a few more.
Return to the Medical Ethics index page.