In her paper, Robinson asserts that if one is convinced by the arguments assigning personhood according to a threshold criterion, one should also be open to the potential for a secondary personhood threshold, satisfied when one is pregnant, which confers temporary enhanced moral status. Rather than grounding such a claim on a fetus’s possession, or lack thereof, of personhood, Robinson argues that the pregnant person’s status as a ‘unique being’ is enough to satisfy the requirements of such an additional personhood (...) classification. 1 She justifies her claim via three arguments: (1) that the pregnant person is, in fact, more than a singular individual; (2) that pregnant people play a critical role in the human race’s continuation and (3) that the significant harms and burdens to which pregnant people have been exposed to historically and contemporary requires counterbalancing with enhanced protections. Unfortunately, despite Robinson’s best efforts, she does not... (shrink)

In Pregnancy and superior moral status: A proposal for two thresholds of personhood, Robinson argues that pregnant women are unique beings with superior moral status (MS) to that of other adult human beings. Robinson’s defence of this view relies on metaphysical and moral claims. The first set of claims concerns the ontological status of the pregnant woman, whom she considers a ‘unique organism’,‘more than just one person’and ‘numerically increased’.1 The second set of claims concerns the ‘superior’ MS of the pregnant (...) woman. In this commentary, we address this second set of claims and argue that Robinson’s view rests on a misunderstanding of the concept of MS and its role in supplying reasons for action (and forbearance from action). While we welcome the conclusion of Robinson’s argument—which we take to be that pregnant women ought to be treated with more consideration—on an appropriate understanding of MS, her argument does not yield that conclusion at all. We feel strongly that medical ethics needs to be grounded in good philosophy and worry that too much of the literature falls short of this ideal. As such, the spirit in which we write this commentary is that of constructive criticism. ### One plus one equals one plus one and the grounds of MS The philosophical literature on the grounds of MS essentially addresses the question of what properties (Ps) determine whether an agent (A) has MS.1 Examples of Ps are: sophisticated cognitive capacities,2 such as the capacity to value, being self-aware or rational, or more controversially, …. (shrink)

Robinson argues that by certain threshold criteria, pregnant women qualify for a higher moral status by reason of their pregnancies. While her intention is to make this a status upgrade for women, we worry that it may result in a status downgrade for women as a class, by presupposing and reinforcing women’s value in relation to their reproductive labour. Historically, central to feminist analysis is resistance to reductive accounts of women in relation to their reproductivity. For example, de Beauvoir addressed (...) men’s transcendence and contrasted it with women’s immanence, a status distinction possible because women are mired in expectations that they will marry, produce children and remain in the domestic realm; and for her part, Firestone argued that biological reproduction underlies women’s inferiority to men and that ‘The reproduction of the species by one sex for the benefit of both (should) be replaced by…artificial reproduction’1 2 Her concern was to liberate women from expectations of biological reproduction so their productive value in society is not reduced to their reproductive contributions. A formidable body of analysis in this same vein cautions against collapsing the value of women into their pregnancies, so much so that some commentators even distinguish ‘mothering’ from gestation.3 Robinson’s argument that pregnant women qualify at a higher threshold of personhood emphasises …. (shrink)

Robinson offers the ‘superior personhood’ approach (SPA) to capture the value of gestation and ground justice for women/gestators.1 SPA holds that women/gestators are more than mere persons given the reality of pregnancy and the vital role women/gestators play in reproduction.1 In this commentary, I speak to some background context perhaps relevant to SPA, lay out areas of agreement with Robinson and then raise four worries about the approach. In my view, the devaluing of gestation and injustice for women/gestators need rectifying, (...) but SPA is not the way. It is difficult not to read Robinson’s piece through the lens of 2022’s Dobbs v. Jackson decision and the politics of abortion, with its focus on fetal status. This background offers a certain kind of sympathetic strategic/rhetorical reading of the motivation for SPA—one to which I found students and others with whom I discussed the piece quite open. Perhaps the goal here is to offer an ingenious defence of abortion rights: if women/gestators are more than one person, then the immorality of abortion cannot be easily grounded in claims about fetal personhood.2 However, Robinson downplays abortion, affirming only ‘my approach could support a wide range of positions on abortion’. This is curious. Is SPA compatible with significant restrictions on abortion? Assuming a realistic political context, this would involve mere persons (men/non-gestators) legislating how superior persons can …. (shrink)

Recourse to a being’s moral status is the ‘nuclear option’ of moral theorising—it tells us not only what obligations we have and to what degree, but whether we have obligations to them in the first place and whether their moral concern trumps concern for other beings simply in virtue of the kind of being they are. As such, we should only explain obligations in terms of a being’s moral status if doing so is principled and necessary to defend that obligation. (...) In ‘Pregnancy and Superior Moral Status: A Proposal for Two Thresholds of Personhood’, Robinson1 argues that pregnant women achieve a second and therefore superior threshold of moral status to ‘mere persons’. She insists that this is not a view about the woman and the fetus together but that ‘the pregnant woman herself is more than one individual’. This gives us strong reason to re-balance the imbalanced burdens experienced by women due to pregnancy. I will argue her proposal is neither principled nor necessary. We can explain special obligations to pregnant women without appealing to a distinct moral status, without reaching for the ‘nuclear option’. First, consider Robinson’s1 claim that pregnant women ‘are performing a role which is of supreme importance: that of creating new human life, and maintaining the survival of the human species’. …. (shrink)

Heloise Robinson argues that pregnant women have a higher moral status than non-pregnant persons and that, for this reason, pregnant women ought to be treated ‘noticeably’ better than non-pregnant persons.1 In this commentary, we present two challenges to Robinson’s argument. First, the compounding disadvantage objection: treating involuntarily, non-pregnant women worse than voluntarily pregnant women unjustly compounds their disadvantage. Second, the identity objection: treating non-pregnant people worse than pregnant people amounts to pro tanto wrongful discrimination based on a fundamental aspect of (...) people’s identity. We conclude that either pregnant persons do not have a higher moral status than non-pregnant persons, or they do, but higher moral status so grounded does not justify better treatment. According to the standard view of moral status: (1) most human beings are persons; (2) persons have a higher moral status than non-persons; and (3) persons have an equal moral status. Many believe: (1) is true because most human beings have a sufficiently high level of personhood-generating psychological capacities; (2) is true because moral status is tied to personhood; and (3) is true because variations in the level of personhood-generating psychological capacities do not matter to an individual’s moral status once that individual’s level surpasses the threshold required for personhood.2 (3) is significant …. (shrink)