The debate over ape personhood is of great social and moral importance. For more than twenty-five years, attorney Steven Wise has been arguing that animals who have cognitive complexities similar to humans should be legally granted basic rights of au- tonomy. In my view, granting personhood status and other rights to great apes are at- tainable goals. But how should we go about it?

IntroductionThe observation that animals may respond to emotional states of conspecific or even hetero-specific individuals is not new. Darwin broached the question by underlying the ability of animals to express sympathy, i.e. the response to non-self-emotional status, and this across species barriers. More importantly, he tried to find the evolutionary origin of this animal trait, suggesting that it evolved from the selective advantages of kinship behaviour in the struggle for life (Darwin, 1872). Such a behaviour corresponds, for instance, to alloparental (...) care relatively common in mammals and birds, and now also characterized in fishes and insects (Josi, Taborsky, & Frommen, 2019; Wu, Walser, Sun, & Kölliker, 2020). After more than one century, the need of defining what exactly non-human animals are able to feel, and from this starting point, rethink the legal status and place of animals in human societies, suddenly arises. This can mainly be considered as an indirect consequence of people awareness of human-driven dramatic impacts on global climate, biodiversity, but also on a more daily basis on animal life and welfare. However, because assessable currencies are required to establish laws, animals were classified into categories based on ecological (e.g. invasive species, pest, wild, domestic), biological (e.g. vertebrates and invertebrates) or cognitive (e.g. primates, cephalopods) traits. This should help lawyers to define ethical rules of animal use by humans and t... (shrink)

Crump et al.’s contribution to assessing whether decapods feel pain raises an important question: Is pain distributed unevenly across the order? The case for pain appears stronger in Pleocyemata than in Dendrobranchiata. Some studies report pain avoidance behaviors in Dendrobranchiata (Penaeidae) shrimp, but further studies are needed to determine whether the chemicals used are acting as analgesics to relieve pain, or as soporifics to reduce overall alertness. If the latter, the most farmed shrimp species may not require the same level (...) of protection as crabs, crayfish, and lobsters. (shrink)

This paper addresses what we consider to be the most pressing challenge for the emerging science of consciousness: the measurement problem of consciousness. That is, by what methods can we determine the presence of and properties of consciousness? Most methods are currently developed through evaluation of the presence of consciousness in humans and here we argue that there are particular problems in application of these methods to nonhuman cases—what we call the indicator validity problem and the extrapolation problem. The first (...) is a problem with the application of indicators developed using the differences between conscious and unconscious processing in humans to the identification of other conscious vs. nonconscious organisms or systems. The second is a problem in extrapolating any indicators developed in humans or other organisms to artificial systems. However, while pressing ethical concerns add urgency to the attribution of consciousness and its attendant moral status to nonhuman animals and intelligent machines, we cannot wait for certainty and we advocate the use of a precautionary principle to avoid causing unintentional harm. We also intend that the considerations and limitations discussed in this paper can be used to further analyze and refine the methods of consciousness science with the hope that one day we may be able to solve the measurement problem of consciousness. (shrink)

‘Sentience’ sometimes refers to the capacity for any type of subjective experience, and sometimes to the capacity to have subjective experiences with a positive or negative valence, such as pain or pleasure. We review recent controversies regarding sentience in fish and invertebrates and consider the deep methodological challenge posed by these cases. We then present two ways of responding to the challenge. In a policy-making context, precautionary thinking can help us treat animals appropriately despite continuing uncertainty about their sentience. In (...) a scientific context, we can draw inspiration from the science of human consciousness to disentangle conscious and unconscious perception (especially vision) in animals. Developing better ways to disentangle conscious and unconscious affect is a key priority for future research. (shrink)

Episodic memory has a distinctive phenomenology: it involves “mentally reliving” a past event. It has been suggested that characterising episodic memory in terms of this phenomenology makes it impossible to test for in animals, because “purely phenomenological features” cannot be detected in animal behaviour. Against this, I argue that episodic memory's phenomenological features are impure, having both subjective and objective aspects, and so can be behaviourally detected. Insisting on a phenomenological characterisation of episodic memory consequently does nothing to damage the (...) prospects for detecting it in nonhuman animals. (shrink)

New omnivorism is a term coined by Andy Lamey to refer to arguments that – paradoxically – our duties towards animals require us to eat some animal products. Lamey’s claim to have identified a new, distinctive position in food ethics is problematic, however, for some of his interlocutors are not new (e.g., Leslie Stephen in the nineteenth century), not distinctive (e.g., animal welfarists), and not obviously concerned with eating animals (e.g., plant neurobiologists). It is the aim of this paper to (...) bolster Lamey’s argument that he has identified a novel, unified, and intriguing position (or set of positions) in animal ethics and the philosophy of food. We distinguish new omnivorism from four other non-vegan positions and then differentiate three versions of new omnivorism based on the kinds of animal products they propose we consume. We conclude by exploring a range of argumentative strategies that could be deployed in response to the new omnivore. (shrink)

In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts to deny them legal (...) protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners. (shrink)

There is no agreement on whether any invertebrates are conscious and no agreement on a methodology that could settle the issue. How can the debate move forward? I distinguish three broad types of approach: theory-heavy, theory-neutral and theory-light. Theory-heavy and theory-neutral approaches face serious problems, motivating a middle path: the theory-light approach. At the core of the theory-light approach is a minimal commitment about the relation between phenomenal consciousness and cognition that is compatible with many specific theories of consciousness: the (...) hypothesis that phenomenally conscious perception of a stimulus facilitates, relative to unconscious perception, a cluster of cognitive abilities in relation to that stimulus. This “facilitation hypothesis” can productively guide inquiry into invertebrate consciousness. What is needed? At this stage, not more theory, and not more undirected data gathering. What is needed is a systematic search for consciousness-linked cognitive abilities, their relationships to each other, and their sensitivity to masking. (shrink)

Kantian ethics has struggled terribly with the challenge of incorporating non-human animals as beings to which we can owe obligations. Christine Korsgaard’s Fellow Creatures is a bold, substantial attempt to meet that challenge. In this essay review, I set the scene for the book’s core argument, offer a reconstruction of that argument, and reflect on its strengths and limitations, arguing that it is ultimately unconvincing.

Peter Godfrey-Smith’s Metazoa and Joseph LeDoux’s The Deep History of Ourselves present radically different big pictures regarding the nature, evolution and distribution of consciousness in animals. In this essay review, I discuss the motivations behind these big pictures and try to steer a course between them.

Human neural organoid research is advancing rapidly. As Greely notes in the target article, this progress presents an “onrushing ethical dilemma.” We can’t rule out the possibility that suff...

Consciousness has an important role in ethics: when a being consciously experiences the frustration or satisfaction of its interests, those interests deserve higher moral priority than those of a behaviourally similar but non-conscious being. I consider the relationship between this ethical role and an a posteriori (or “type-B”) materialist solution to the mind-body problem. It is hard to avoid the conclusion that, if type-B materialism is correct, then the reference of the concept of phenomenal consciousness is radically indeterminate between a (...) neuronal-level property that is distinctive to mammals and a high-level functional property that is much more widely shared. This would leave many non-mammalian animals (such as birds, fish, insects and octopuses) with indeterminate moral status. There are ways to manage this radical moral indeterminacy, but all of these ways lead to profoundly troubling consequences. (shrink)

Animal welfare scientists face an acute version of the problem of inductive risk, since they must choose whether to affirm attributions of mental states to animals in advisory contexts, knowing their decisions hold consequences for animal welfare. In such contexts, the burden of proof should be sensitive to the consequences of error, but a framework for setting appropriate burdens of proof is lacking. Through reflection on two cases—pain and cognitive enrichment—I arrive at a tentative framework based on the principle of (...) expected welfare maximization. I then discuss the limitations of this framework and the questions it leaves open. (shrink)

Neural organoids are laboratory-generated entities that replicate certain structural and functional features of the human brain. Most neural organoids are disembodied—completely decoupled from sensory input and motor output. As such, questions about their potential capacity for consciousness are exceptionally difficult to answer. While not disputing the need for caution regarding certain neural organoid types, this paper appeals to two broad constraints on any adequate theory of consciousness—the first involving the dependence of consciousness on embodiment; the second involving the dependence of (...) consciousness on representations—to argue that disembodied neural organoids are not plausible candidates for consciousness. (shrink)

How all philosophical explanations of human consciousness and the fundamental structure of the cosmos are bizarre—and why that’s a good thing Do we live inside a simulated reality or a pocket universe embedded in a larger structure about which we know virtually nothing? Is consciousness a purely physical matter, or might it require something extra, something nonphysical? According to the philosopher Eric Schwitzgebel, it’s hard to say. In The Weirdness of the World, Schwitzgebel argues that the answers to these fundamental (...) questions lie beyond our powers of comprehension. We can be certain only that the truth—whatever it is—is weird. Philosophy, he proposes, can aim to open—to reveal possibilities we had not previously appreciated—or to close, to narrow down to the one correct theory of the phenomenon in question. Schwitzgebel argues for a philosophy that opens. According to Schwitzgebel’s “Universal Bizarreness” thesis, every possible theory of the relation of mind and cosmos defies common sense. According to his complementary “Universal Dubiety” thesis, no general theory of the relationship between mind and cosmos compels rational belief. Might the United States be a conscious organism—a conscious group mind with approximately the intelligence of a rabbit? Might virtually every action we perform cause virtually every possible type of future event, echoing down through the infinite future of an infinite universe? What, if anything, is it like to be a garden snail? Schwitzgebel makes a persuasive case for the thrill of considering the most bizarre philosophical possibilities. (shrink)

Martha Nussbaum’s _Justice for Animals_ calls upon humanity to secure for all sentient beings the central capabilities they need to flourish. This essay review critically examines the ethical and scientific foundations of Nussbaum’s position. On the ethical side, we explore the tension between a robust defence of animal rights and political liberalism, which requires tolerance of a range of reasonable views. On the scientific side, we reflect on how our uncertainty regarding the distribution of sentience in the natural world leaves (...) us uncertain about how many claimants of justice there are and about the relative strength of their claims. We bring out some further problems with Nussbaum’s views on animal killing and pest control. We also reflect on how animal welfare science might be done differently if guided by Nussbaum’s framework. (shrink)

: In this paper I argue that Velmens’ reflexive model of perceptual consciousness is useful for understanding the first-person perspective and sentience in animals. I then offer a defense of the proposal that ray-finned bony fish have a first-person perspective and sentience. This defense has two prongs. The first prong is presence of a substantial body of evidence that the neuroanatomy of the fish brain exhibits basic organizational principles associated with consciousness in mammals. These principles include a relationship between a (...) second-order sensory relay, the preglomerular complex, and the fish pallium which bears a resemblance to the relationship between the mammalian thalamus and the neocortex, the existence of feedback/feedforward and reentrant circuitry in the pallium, and structural and functional differences among divisions of the fish pallium. The second prong is the existence of behaviors in fish that exhibit significant flexibility in the presence of environmental change and require relational learning among stimuli distributed in space, over time, or both. I conclude that, although they are instantiated differently, a first-person perspective and sentience are present in fish. Resumo: Neste artigo, argumento que o modelo reflexivo de consciência perceptiva de Velmans é útil para se entender a perspectiva de primeira pessoa e a sentiência em animais. Em seguida, ofereço uma defesa da proposta de que os peixes ósseos com nadadeiras raiadas tenham sentiência e perspectiva de primeira pessoa. Esta defesa tem dois momentos. O primeiro ponto é a presença de um corpo substancial de evidências de que a neuroanatomia do cérebro de peixes exibe os princípios organizacionais básicos associados à consciência em mamíferos. Esses princípios incluem a interação entre um relê sensorial de segunda ordem e o pálio, os quais apresentam, respectivamente, estreita semelhança com o tálamo e o neocórtex dos mamíferos; a existência de circuitos de retroalimentação e reentrada, assim como diferenças estruturais e funcionais entre as divisões do pálio. A segunda questão é a existência de comportamentos de peixes que exibem flexibilidade significativa na presença de mudanças ambientais e requerem aprendizado relacional entre estímulos distribuídos no espaço, ao longo do tempo, ou ambos. Concluo que, embora sejam instanciados de maneira diferente dos mamíferos, uma perspectiva de primeira pessoa e sentiência estão presentes nos peixes. (shrink)

My paper builds on the conceptual tools from three interrelated philosophical debates that—as I believe—may help structure important if chaotic discussions about surrogates for living human brains and resolve some practical issues related to regulatory matters. In particular, I refer to the discussions about the “moral precautionary principle” in research ethics (Koplin and Wilkinson 2019); about normative uncertainty in ethics (MacAskill, Bykvist, and Ord 2020), and about the inductive risk problem for animal welfare scientists (Birch 2018). I elucidate upon the (...) possible meanings of the phrase “a too good human brain surrogate” used by Henry T. Greely (2021), and I demonstrate that the evaluation of the practical and regulatory implications of the “goodness” of such surrogates created for research purposes should be sensitive to the possible consequences of two types of errors: the under-attribution and over-attribution of moral status to such beings. Many authors writing about this topic (including Greely 2021, but see also, e.g., Koplin and Savulescu 2019) concentrate only on the first type of error, neglecting the negative consequences of the second type, i.e., over-attribution. (shrink)

Most scientific theories of consciousness are challenging to apply outside the human case insofar as non‐human systems (both biological and artificial) are unlikely to implement human architecture precisely, an issue I call the specificity problem. After providing some background on the theories of consciousness debate, I survey the prospects of four approaches to this problem. I then consider a fifth solution, namely the theory‐light approach proposed by Jonathan Birch. I defend a modified version of this that I term the modest (...) theoretical approach, arguing that it may provide insights into challenging cases that would otherwise be intractable. (shrink)

Decapod crustaceans are faceless animals with five pairs of legs, an external skeleton and multiple nerve centres rather than a single brain. They include common seafood species such as crayfish, crabs, lobsters, prawns and shrimp. These characteristics make them difficult to empathise with and consequently legal protection of decapods ranges from strong, through circumstantial to non-existent. Whether they are capable of experiencing pain depends on definitions and the requirement for absolute proof of an inherently subjective psychological experience. Yet like other (...) animals, decapods fulfil neuroanatomical, pharmacological and behavioural criteria that are consistent with a pain response. Whether they experience stress, harm and distress is less controversial because these conditions are more measurable than the pain response. To balance animal welfare concerns with scientific merit whilst providing confidence for the growing public awareness of crustacean welfare, use of decapod crustaceans in research should require ethical review. (shrink)

Which non-human animals are phenomenally conscious? In this paper I argue that the distribution of phenomenal consciousness in the animal world is ultimately an unsolvable issue, because of an underlying problem inherent in the field: what I call the Kinda Hard Problem. The Kinda Hard Problem arises because the grounds on which we base our consciousness attributions to humans third-personally are either unavailable or ambiguous once we move to the animal case. Its nature is that of an epistemic problem: we (...) cannot collect enough evidential grounds to justify attributions of phenomenal consciousness (and attributions of its lack) to non-human animals. Thus, it is impossible to ground rational belief one way or another regarding animal consciousness. This paper presents the problem and explains how it differs from other problems of consciousness. (shrink)

This article proposes a methodological schema for engaging in a productive discussion of ethical issues regarding human brain organoids, which are three-dimensional cortical neural tissues created using human pluripotent stem cells. Although moral consideration of HBOs significantly involves the possibility that they have consciousness, there is no widely accepted procedure to determine whether HBOs are conscious. Given that this is the case, it has been argued that we should adopt a precautionary principle about consciousness according to which, if we are (...) not certain whether HBOs have consciousness—and where treating HBOs as not having consciousness may cause harm to them—we should proceed as if they do have consciousness. This article emphasizes a methodological advantage of adopting the precautionary principle: it enables us to sidestep the question of whether HBOs have consciousness and, instead, directly address the question of what kinds of conscious experiences HBOs can have, where the what-kind-question is more tractable than the whether-question. By addressing the what-kind-question, we will be able to examine how much moral consideration HBOs deserve. With this in mind, this article confronts the what-kind-question with the assistance of experimental studies of consciousness and suggests an ethical framework which supports restricting the creation and use of HBOs in bioscience. (shrink)

Opponents to consciousness in fish argue that fish do not feel pain because they do not have a neocortex, which is a necessary condition for feeling pain. A common counter-argument appeals to the multiple realizability of pain: while a neocortex might be necessary for feeling pain in humans, pain might be realized differently in fish. This paper argues, first, that it is impossible to find a criterion allowing us to demarcate between plausible and implausible cases of multiple realization of pain (...) without running into a circular argument. Second, opponents to consciousness in fish cannot be provided with reasons to believe in the multiple realizability of pain. I conclude that the debate on the existence of pain in fish is impossible to settle by relying on the multiple realization argument. (shrink)

This paper will ask whether the legal status presently afforded to nonhuman animals ought to influence regulatory debates concerning human cerebral organoids. The New York Courts recently refused to grant a writ of habeas corpus to Happy the Elephant as she was property rather than a legal person while at the same time accepting that she is a moral patient deserving of rights protection. An undesirable situation has therefore arisen in which the law holds a being with moral status to (...) be incapable of benefitting from legal redress due to their legal status as property.The author argues that this is something that we ought to avoid when designing the regulatory framework which will govern the use of human cerebral organoids. Yet, a difference exists in that, whereas the judges already accept Happy is a moral patient, there is presently no consensus around the moral status of organoids. This paper will consider whether human cerebral organoids have passed the moral threshold of sentience. If they have, or are close to doing so, regulators ought to consider their legal status in advance so as to ensure that adequate limitations are placed on this usage so as to avoid unethical practices. (shrink)

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, orde minimisrequirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous about the distinction between (...) risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not thede minimisrequirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative—cost–benefit analysis—does not deliver. (shrink)

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, or de minimis requirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous about the (...) distinction between risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not the de minimis requirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative—cost–benefit analysis—does not deliver. (shrink)

According to a common view, sentience is necessary and sufficient for moral status. In other words, whether a being has intrinsic moral relevance is determined by its capacity for conscious experience. The _epistemic objection_ derives from our profound uncertainty about sentience. According to this objection, we cannot use sentience as a _criterion_ to ascribe moral status in practice because we won’t know in the foreseeable future which animals and AI systems are sentient while ethical questions regarding the possession of moral (...) status are urgent. Therefore, we need to formulate an alternative criterion. I argue that the epistemic objection is dissolved once one clearly distinguishes between the question what determines moral status and what criterion should be employed in practice to ascribe moral status. Epistemic concerns are irrelevant to the former question and—I will argue—criteria of moral status have inescapably to be based on sentience, if one concedes that sentience determines moral status. It follows that doubts about our epistemic access to sentience cannot be used to motivate an alternative criterion of moral status. If sentience turns out to be unknowable, then moral status is unknowable. However, I briefly advocate against such strong pessimism. (shrink)

The science of animal consciousness investigates (i) which animal species are conscious (the distribution question) and (ii) how conscious experience differs in detail between species (the quality question). We propose a framework which clearly distinguishes both questions and tackles both of them. This two-tier account distinguishes consciousness along ten dimensions and suggests cognitive capacities which serve as distinct operationalizations for each dimension. The two-tier account achieves three valuable aims: First, it separates strong and weak indicators of the presence of consciousness. (...) Second, these indicators include not only different specific contents but also differences in the way particular contents are processed (by processes of learning, reasoning or abstraction). Third, evidence of consciousness from each dimension can be combined to derive the distinctive multi-dimensional consciousness profile of various species. Thus, the two-tier account shows how the kind of conscious experience of different species can be systematically compared. (shrink)

1. 1.1. Suffering is bad. This is why, ceteris paribus, there are strong moral reasons to prevent suffering. Moreover, typically, those moral reasons are stronger when the amount of suffering at st...

Illusionism about consciousness entails that phenomenal consciousness doesn’t exist. The distribution question concerns the distribution of consciousness in the animal kingdom. Skepticism of animal consciousness is the view that few or no kinds of animals possess consciousness. Thus, illusionism seems to imply a skeptical view on the distribution question. However, I argue that illusionism and skepticism of animal consciousness are actually orthogonal to each other. If illusionism is true, then phenomenal consciousness does not ground intrinsic value so that the non-existence (...) of phenomenal consciousness would not have ethical implications. In this case, the adequate reaction is to reformulate the distribution question in terms of the quasi-phenomenal functional features associated with the illusion of phenomenal consciousness which do ground intrinsic value. Hence, either illusionism is false or the distribution question does not concern phenomenal consciousness. In any case, illusionism does not directly tell us anything about the distribution question. However, since illusionism forces us to revise our traditional conception of consciousness, it indirectly affects research on animal consciousness by questioning that consciousness is a unified and an all-or-nothing property. (shrink)

It would be unwise to dismiss the possibility of human brain organoids developing sentience. However, scepticism about this idea is appropriate when considering current organoids. It is a point of consensus that a brainstem-dead human is not sentient, and current organoids lack a functioning brainstem. There are nonetheless troubling early warning signs, suggesting organoid research may create forms of sentience in the near future. To err on the side of caution, researchers with very different views about the neural basis of (...) sentience should unite behind the “brainstem rule”: if a neural organoid develops or innervates a functioning brainstem that registers and prioritizes its needs, regulates arousal, and leads to sleep-wake cycles, then it is a sentience candidate. If organoid research leads to the creation of sentience candidates, a moratorium or indefinite ban on the creation of the relevant type of organoid may be appropriate. A different way forward, more consistent with existing approaches to animal research, would be to require ethical review and harm-benefit analysis for all research on sentience candidates. (shrink)

Every day, wild animals suffer and die from myriad natural causes. For those committed to non-speciesism, what wild animal suffering entails for us morally is a question of the utmost importance, and yet there remains significant disagreement at the level of normative theory. In this paper I argue that in situations of moral urgency environmental managers and policy makers should refer to widely-agreeable moral principles for guidance. I claim that the principles of beneficence, non-maleficence, autonomy and justice do well to (...) capture our widely-held values, and that the first three principles all support large-scale interventions in nature. I then argue that balancing these against non-maleficence will still allow for the careful consideration of interventions, although is unlikely to support lethal methods. This argument is intended to provide a reasonable starting point for theory-agnostic decision makers, and places the burden of proof on those who oppose intervention. -/- . (shrink)

According to a diverse and widely popular family of moral theories, there is a class of individuals – typically humans or persons – who have the very same, full moral status. Individuals not falling into that class count for less, or not at all, morally speaking. In this article, I identify two problems for such theories, the mapping problem and the problem of misgrounded value, and argue that they are serious enough to be decisive. I will then propose an alternative (...) account of full and equal moral status that avoids those problems. In grounding full moral status in phenomenal consciousness, it preserves the idea that you and I are equal, but at the same time radically expands the community of moral equals. I conclude by discussing some practical implications of my proposal. (shrink)

Many people believe that only humans have the cognitive and behavioral capacities needed for suicidal behavior, such as reflexive subjectivity, free will, intentionality, or awareness of death. Three counterarguments — based on (i) negative emotions and psychopathologies among nonhuman animals, (ii) the nature of self-destructive behavior, and (iii) the problem of model fidelity in suicide research — suggest that self-destructive and self-injurious behaviors among human and nonhuman animals vary along a continuum.

Birch’s formulation is persuasive but not nuanced enough to capture at least one situation where it is reasonable to invoke the precautionary principle (PP): when we have multiple, weak, but convergent, lines of evidence that a species is sentient, but no statistically significant evidence of a single credible indicator of sentience within the order as required by BAR. I respond to the worry that if we include such cases in our framework for applying the PP, we open ourselves to the (...) charge of being “unscientific.”. (shrink)

Phenomenal consciousness appears to be particularly normatively significant. For this reason, sentience-based conceptions of ethics are widespread. In the field of animal ethics, knowing which animals are sentient appears to be essential to decide the moral status of these animals. I argue that, given that materialism is true of the mind, phenomenal consciousness is probably not particularly normatively significant. We should face up to this probable insignificance of phenomenal consciousness and move towards an ethic without sentience.

We have structured our response according to five questions arising from the commentaries: (i) What is sentience? (ii) Is sentience a necessary or sufficient condition for moral standing? (iii) What methods should guide comparative cognitive research in general, and specifically in studying invertebrates? (iv) How should we balance scientific uncertainty and moral risk? (v) What practical strategies can help reduce biases and morally dismissive attitudes toward invertebrates?

I start by defining sentience and giving an analysis of the epistemological problems that plague its scientific study; this consists mainly in justifying that the attribution of sentience is underdetermined by the data. Second I show that as a result of this situation of underdetermination, most of the types of arguments used to infer sentience from the data are inconclusive and lead to a stalemate. Third, I argue that the stalemates arise from a foundationalist epistemology which needlessly leads to skeptical (...) conclusions; as an alternative, I propose to adopt a coherentist framework and defend a process of ‘epistemic iteration’ (Chang 2004) within that framework, which I argue gives us a way out of the underdetermination. (shrink)

While seeking novel food sources to feed the increasing population of the globe, several alternatives have been discussed, including algae, fungi or in vitro meat. The increasingly propagated usage of farmed insects for human nutrition raises issues regarding food safety, consumer information and animal protection. In line with law, insects like any other animals must not be reared or manipulated in a way that inflicts unnecessary pain, distress or harm on them. Currently, there is a great need for research in (...) the area of insect welfare, especially regarding species-specific needs, health, farming systems and humane methods of killing. Recent results from neurophysiological, neuroanatomical and behavioral sciences prompt caution when denying consciousness and therefore the likelihood of presence of pain and suffering or something closely related to it to insects. From an animal protection point of view, these issues should be satisfyingly solved before propagating and establishing intensive husbandry systems for insects as a new type of mini-livestock factory farming. (shrink)

Birch’s criterion for the precautionary principle imposes a high evidential standard that many cases will fail to meet. Reliable, relevant anecdotal evidence suggestive of animal sentience should also fall within the scope of the precautionary principle. This would minimize potential suffering (as happened in the case of cephalopods) while further evidence is gathered.

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans or, (...) for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

Mikhalevich & Powell (2020) argue that it is wrong, both scientifically and morally, to dismiss the evidence for sentience in invertebrates. They do not offer any examples, however, of how their welfare should be considered or improved. We draw on animal welfare science to suggest some ways that would not be excessively demanding.