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...

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)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)