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Still others despair of ever resolving the nonidentity problem or, indeed, of even making sense of the person-affecting approach. Despite these differences, the contributions to this collection together illustrate the richness of the nonidentity problem—and, more generally, the puzzle of articulating just what we owe to future persons. Despite, or perhaps because of, the deep fissures it exposes, the nonidentity problem emerges as an exemplary vehicle for exploring some of our deepest questions about the nature and scope of morality, the meaning of harm and the goodness or badness of the lives of persons.
It is hard to see how progress in science, art and ethics is valuable independently of human beings for whom such progress is a genuine interest, source of satisfaction or ideal. After all, the world has no interests. ”9 Voluntary collective suicide of human beings is in my view less of a “crime” (if it is a crime at all) than the deliberate murder of people. Or to put the argument against the impersonalist analysis in person-affecting terms: there are no crimes against humanity; only crimes against humans.
32 For the same reason the wrongful life claim in negligence should itself be dismissed by the court, it is appropriate for the court to declare unconstitutional state regulation that is restrictive of the sorts of important, highly personal, procreative choices that are inherently harmless. What “compelling state aim” could such a regulation possibly serve, when we can demonstrate, in advance, that the conduct at issue harms no one—no existing and no future person? In contrast, Peters argues that a person-affecting reading of the law of negligence is not appropriately extended to the constitutional realm.