Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

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)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...) relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

Scholars in the field of environmental and animal ethics have propounded theories that outline what, in their view, ought to constitute an ethical relationship between humans and the environment and humans and nonhuman animals respectively. In the field of animal ethics, the contributions by Western scholars to theorize a body of animal ethics, either as an ethic in its own right or as a branch of the broader field of environmental ethics is clearly seen. Consequently, there are, notably, two main (...) schools of thought in the field of animal ethics. These are the ‘welfarist’ and the ‘rightist’ approaches (Regan, 2006; Owoseni & Olatoye, 2014). Unfortunately, a clearly concerted effort to theorize on animal ethics from an African perspective is at the minimal, although there is a lot written in African environmental ethics, broadly construed. It is within this context that this study locates an African animal ethic within the two main theories in the global animal ethics debate, using traditional Akan ontology and ethics particularly, those that speak to their relationship with the environment and, especially animals. Thus, using Akan ontological worldview and ethics as foundational sources, alongside learned principles from the emerging theories in African environmental ethics, the study seeks to find the place of Akan animal ethics within the rightist and welfarist debates. (shrink)

Animal welfare is a concept that plays a role within both our moral deliberations and the relevant areas of science. The study of animal welfare has impacts on decisions made by legislators, producers and consumers with regards to housing and treatment of animals. Our ethical deliberations in these domains need to consider our impact on animals, and the study of animal welfare provides the information that allows us to make informed decisions. This thesis focusses on taking a philosophical perspective to (...) answer the question of how we can measure the welfare of animals. Animal welfare science is an applied area of biology, aimed at measuring animal welfare. Although philosophy of animal ethics is common, philosophy focussing on animal welfare science is rare. Despite this lack, there are definitely many ways in which philosophical methods can be used to analyse the methodologies and concepts used in this science. One of the aims of the work in this thesis is to remedy this lack of attention in animal welfare. Animal welfare science is a strong emerging discipline, but there is the need for conceptual and methodological clarity and sophistication in this science if it is to play the relevant informative role for our practical and ethical decision-making. There is thus is a strong role here for philosophical analysis for this purpose. The central aim of this thesis is to provide an account of how we can measure subjective animal welfare, addressing some of the potential problems that may arise in this particular scientific endeavour. The two questions I will be answering are: what is animal welfare, and how do we measure it? Part One of the thesis looks at the subjective concept of animal welfare and its applications. In it, I argue for a subjective welfare view - that animal welfare should be understood as the subjective experience of individuals over their lifetimes - and look at how the subjective welfare concept informs our ethical decision-making in two different cases in applied animal ethics. Part Two of the thesis looks more closely at the scientific role of welfare. Understanding welfare subjectively creates unique measurement problems, due to the necessarily private nature of mental states and here I address a few of these problems, including whether subjective experience is measurable, how we might validate indicators of hidden target variables such as welfare, how we can make welfare comparisons between individual animals and how we might compare or integrate the different types of experience that make up welfare. I end with a discussion of the implications of all these problems and solutions for the practice of welfare science, and indicate useful future directions for research. (shrink)

Humanists argue for assigning the highest moral status to all humans over any non-humans directly or indirectly on the basis of uniquely superior human cognitive abilities. They may also claim that humanism is the strongest position from which to combat racism, sexism, and other forms of within-species discrimination. I argue that changing conceptual foundations in comparative research and discoveries of advanced cognition in many non-human species reveal humanism’s psychological speciesism and its similarity with common justifications of within-species discrimination.

It is generally assumed that humans are the only animals who can possess a concept of death. However, the ubiquity of death in nature and the evolutionary advantages that would come with an understanding of death provide two prima facie reasons for doubting this assumption. In this paper, my intention is not to defend that animals of this or that nonhuman species possess a concept of death, but rather to examine how we could go about empirically determining whether animals can (...) have a concept of death. In order to answer this question, I begin by sketching an account of concept possession that favours intensional classification rather than mere extensional discrimination. Further, I argue that the concept of death should be construed as neither binary nor universal. I then present a proposal for a set of minimal conditions that must be met to have a concept of death. I argue that having a minimal understanding of death entails first expecting a dead individual to be alive, and then grasping its non-functionality and irreversibility. Lastly, I lay out the sort of observational and experimental evidence that we should look for to determine whether animals have the capacity for a minimal comprehension of death. (shrink)

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as varied as (...) the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

It has been argued that some animals are moral subjects, that is, beings who are capable of behaving on the basis of moral motivations. In this paper, we do not challenge this claim. Instead, we presuppose its plausibility in order to explore what ethical consequences follow from it. Using the capabilities approach, we argue that beings who are moral subjects are entitled to enjoy positive opportunities for the flourishing of their moral capabilities, and that the thwarting of these capabilities entails (...) a harm that cannot be fully explained in terms of hedonistic welfare. We explore the implications of this idea for the assessment of current practices involving animals. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. (...) Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

This article discusses the problems which concepts pose for the attribution of thoughts to animals. It locates these problems within a range of other issues concerning animal minds (section 1), and presents a ‘lingualist master argument’ according to which one cannot entertain a thought without possessing its constituent concepts and cannot possess concepts without possessing language (section 2). The first premise is compelling if one accepts the building-block model of concepts as parts of wholes – propositions – and the idea (...) that intentional verbs signify relations between subjects and such propositions. But I shall find fault with both (section 3). This opens the way for recognizing a form of ‘holodoxastic’ thought-ascription which does not presuppose concept-possession on the part of the subject (section 4). Section 5 defends this idea against objections. Section 6 turns to the second premise of the lingualist master argument. I press the idea of judgement into service as a label for conceptual thought that need not be linguistic and argue that the possession of concepts is an ability. Section 7 accepts that concept-possession requires the ability to classify rather than merely to discriminate, but suggests that this need not disqualify animals. In the final section I confirm this verdict by returning to the notion of judgement: classification is the deliberate and considered response to a range of options in a sorting or discrimination task. Notwithstanding appearances to the contrary, the capacity for such a response does not presuppose the linguistic ability to answer questions. Judgement is a feature of a type of problem-solving that we share with some non-linguistic creatures. (shrink)

The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest (...) in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

Considerations of ethical questions regarding pets should take into account the nature of human-pet relationships, in particular the uniquely combined features of mutual companionship, quasi-family-membership, proximity, direct contact, privacy, dependence, and partiality. The approaches to ethical questions about pets should overlap with those of animal ethics and family ethics, and so need not represent an isolated field of enquiry, but rather the intersection of those more established fields. This intersection, and the questions of how we treat our pets, present several (...) unique concerns and approaches for focused examination. (shrink)

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. However, (...) though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (shrink)

I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...) be wronged and thus, by extension, have rights. The result, I argue, is a perspective on the nature of moral rights in general, and the idea of animal rights in particular, that constitutes an important and plausible alternative to the more familiar views advanced by philosophers in recent decades. (shrink)

In the evolution of the vertebrates and probably a few other animals (Metazoa), biological values have been translated (subjectivized) into affective experience that necessarily involves the consciousness of external objects/events (as different from one’s body), which is tantamount to the origins of subjectivity. Mammals, birds and other vertebrates are experiencing subjects even though their negative and positive experience greatly vary in scope. Some mammals are capable of vicarious experience and may act as empathic agents, and some of them, at least (...) the great apes, use true reflective self-consciousness and thus perceive themselves as agents, which generates attributive feelings. The balance of positive and negative experience determines the intrinsic value of (an individual) life. Every subjective life is autotelic in striving to maximize this balance. A subjective life may also have a social value that is measured in terms of the impact on intrinsic values of other lives. The social value of life is contingent upon an agency, that is, conscious intentional actions that impact intrinsic value of other lives. The difference between the social value of a subjective life and an instrumental value of an individual comes down to the difference between agent causation and event causation. The moral agency refers to a subcategory of agent causation that involves the awareness of impact on another subject’s wellbeing (interests). The moral agency is at present known only in the hominids (including the chimpanzees) which understand causality and use reflective self-consciousness, which in turn enables them to perceive themselves as agents and attribute to themselves responsibility. The moral agency originated as a motivational mechanism of reciprocity execution , and thus as an adaptation for group life, which is why it favors ingroup members and often promotes norms that harm other groups. The human moral agency is frequently used by third parties to implement group norms that are based on ideologies (religious or secular) and may actually harm both group members and the entire groups. Any received, bioculturally evolved morality is unlikely to be good in either absolute or universal sense. Therefore, the moral capacity alone does not make a human life categorically more valuable, even if human motivation were dominated by moral agency (which is true only of some people). The life of a vertebrate has, therefore, two values, intrinsic and social. Each can be negative or positive, and may vary to a large extent independently of the other, whereby a joint value of a subjective life cannot be sensibly assessed and compared without prior assessments of the intrinsic and social component separately. In the absence of objective reasons to rate the intrinsic value of a human life as categorically higher than that of other mentally advanced mammals, and in consideration of the observed range of social values of human lives, some of which approach zero and some are highly negative (lower than any thinkable negative values of non-human lives), the doctrine of extraordinary and inalienable (innate) human „dignity” is groundless and unethical, as it leads to a depreciation of the lives of non-human subjects, and often preempts the need to impart a real social value to one’s own life. (shrink)

It is tempting to assume that being a moral creature requires the capacity to attribute mental states to others, because a creature cannot be moral unless she is capable of comprehending how her actions can have an impact on the well-being of those around her. If this assumption were true, then mere behaviour readers could never qualify as moral, for they are incapable of conceptualising mental states and attributing them to others. In this paper, I argue against such an assumption (...) by discussing the specific case of empathy. I present a characterisation of empathy that would not require an ability to attribute mental states to others, but would nevertheless allow the creature who possessed it to qualify as a moral being. Provided certain conditions are met, a behaviour reader could be motivated to act by this form of empathy, and this means that behaviour readers could be moral. The case for animal morality, I shall argue, is therefore independent of the case for animal mindreading. (shrink)

Higher-order thought theories maintain that consciousness involves the having of higher-order thoughts about mental states. In response to these theories of consciousness, an attempt is often made to illustrate that nonhuman animals possess said consciousness, overlooking an alarming consequence: attributing higher-order thought to nonhuman animals might entail that they should be held morally accountable for their actions. I argue that moral responsibility requires more than higher-order thought: moral agency requires a specific higher-order thought which concerns a belief about the rightness (...) or wrongness of affecting another’s mental states. This “moral thought” about the rightness or wrongness is not yet demonstrated in even the most intelligent nonhuman animals, thus we should suspend our judgments about the “rightness” or “wrongness” of their actions while further questioning the recent insistence on developing an animal morality. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

A common assumption in the selection of nonhuman animal subjects for research and the approval of research is that, if the risks of a procedure are too great for humans, and if there is a so-called scientific necessity, then it is permissible to use nonhuman animal subjects. I reject the common assumption as neglecting the central ethical issue of the permissibility of using nonhuman animal subjects and as being inconsistent with the principle of justice used in human subjects research ethics. (...) This principle requires that certain classes of individuals not be subjected to a disproportionate share of the burdens or risks of research. I argue for an extension of this principle to nonhuman animal research and show that a prima facie violation of the principle occurs because nonhuman animals bear an overwhelmingly disproportionate share of the risks of research without sufficient justification or reciprocal benefit. (shrink)

Human–nonhuman chimeras have been the focus of ethical controversies for more than a decade, yet some related issues remain unaddressed. For example, little has been said about the relationship between the origin of transferred cells and the morally relevant capacities to which they may give rise. Consider, for example, a developing mouse fetus that receives a brain stem cell transplant from a human and another that receives a brain stem cell transplant from a dolphin. If both chimeras acquire morally relevant (...) capacities as a result of transplantation, and if those capacities are indistinguishable, should the difference in cell origin matter to how we classify these creatures? I argue that if morally relevant capacities are easy to detect, cell origin is irrelevant to how the chimera ought to be treated. However, if such capacities are hard to detect, cell origin should play a role in considerations about how to treat the chimera. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

Mind perception is the essence of moral judgment. Broadly, moral standing is linked to perceptions of mind, with moral responsibility tied to perceived agency, and moral rights tied to perceived experience. More specifically, moral judgments are based on a fundamental template of two perceived minds—an intentional agent and a suffering patient. This dyadic template grows out of the universal power of harm, and serves as a cognitive working model through which even atypical moral events are understood. Thus, all instances of (...) immorality are perceived to involve both blameworthy agents (i.e., acts) and suffering victims (i.e., consequences). Because moral cognition simultaneously concerns acts and consequences, theories which focus primarily on acts (i.e., deontology) or consequences (i.e., utilitarianism) do not accurately describe moral cognition. Indeed, the phenomenon of dyadic completion suggests that deontological and utilitarian concerns are not only simultaneously active, but also typically compatible and reinforcing: wrong acts have harmful consequences, and harmful consequences stem from wrong acts. The cognitive fusion of acts with consequences suggests that normative conflicts between deontology and utilitarianism are not reflected in everyday moral judgment. This in turn suggests that empirical conclusions drawn from moral dilemmas that pit utilitarianism against deontology—i.e., trolley problems—give an skewed account of moral cognition. (shrink)

Aquaculture is the fastest growing animal-production sector in the world. This leads to the question how we should guarantee fish welfare. Implementing welfare standards presupposes that we know how to weigh, define, and measure welfare. While at first glance these seem empirical questions, they cannot be answered without ethical reflection. Normative assumptions are made when weighing, defining, and measuring welfare. Moreover, the focus on welfare presupposes that welfare is a morally important concept. This in turn presupposes that we can define (...) the capacities of fish, which is an empirical undertaking that informs and is informed by ethical theories about the moral status of animals. In this article we want to illustrate the need for a constant interaction between empirical scientific research and ethics, in which both fields of research make their own contribution. This is not a novel claim. However, the case of fish sheds new light on this claim, because regarding fish there is still much empirical uncertainty and there is a plurality of moral views on all levels. Therefore, we do not only want to show the necessity of this interaction, but also the added value of a cooperation between ethicists and empirical scientists, such as biologists, physiologists, and ethologists. We demonstrate this by considering the different steps in the process of reflection about and implementation of fish welfare. (shrink)

In current dairy farming it is possible to run a profitable farm without having to adapt the system to the needs of dairy cows. In such systems the interests of the farmer and animals often diverge. Consequently, specific animal welfare problems occur. Foot disorders in dairy cattle are an illustrative example resulting from the specific methods of housing and management in current dairy farming. Foot disorders and the resulting lameness are considered the most important welfare problem in dairy farming. However, (...) these foot disorders not only typify welfare problems related to certain housing systems, but they also lead to the premature culling of cows. The assessment of the impact of foot disorders on the welfare of dairy cows raised the question of whether premature culling affects animal welfare since it affects the longevity of a cow. We argue that this aspect of longevity is morally relevant as an animal welfare issue. In this paper we aim to explore whether longevity is both (a) a morally relevant aspect in the discussion on killing animals and (b) a constitutive element of animal welfare. In other words, we aim to explore whether longevity is an independent moral argument in an animal welfare discussion. We claim that longevity is not merely important as an indicator of animal welfare, but is also a constitutive element of animal welfare. We argue that we need a more integrated approach to animal welfare and that an assessment that includes the aspect of time is necessary. This view involves a shift from views on animal welfare in terms of functioning or feeling well to a view on animal welfare that includes the aspect of natural living in which species-specific development is important. To show the impact of these points of view, we look at the practical implications for choices concerning the management of foot disorders in dairy cattle. (shrink)

As the world population is growing and government directives tell us to consume more fatty acids, the demand for fish is increasing. Due to declines in wild fish populations, we have come to rely more and more on aquaculture. Despite rapid expansion of aquaculture, this sector is still in a relatively early developmental stage. This means that this sector can still be steered in a favorable direction, which requires discussion about sustainability. If we want to avoid similar problems to the (...) ones we have experienced with livestock farming, we need to generate knowledge of the biology, profitability, environmental aspects, consumer awareness, and product appreciation of particular fish species. However, the discussion about a sustainable aquaculture also raises the question how we should treat fish. This moral question is regularly addressed as a problem of applied ethics with a focus on tailoring ethical principles to practical questions. In this article we do not deny the importance of the practical accounts, but we start from the fundamental question whether and why fish matter in our moral deliberations, i.e., from the discussion on moral status. We elaborate the distinction between moral considerability and moral significance in order to show both the importance and the limitations of the discussion about moral status for practical problems in aquaculture. We illustrate these points with a case-study about the farming of a specific fish species, the African catfish. (shrink)

This paper examines how three central aspects of personhood — the capacities of individuals, their normative status, and the social aspect of being recognized — are related, and how personhood depends on them. The paper defends first of all a ‘basic view’that while actual recognition is among the constitutive elements of full personhood, it is the individual capacities (and not full personhood) which ground the basic moral and normative demands concerning treatment of persons. Actual recognition depends analyti- cally on such (...) pre-existing normative requirements: it is a matter of responsiveness to them. The paper then discusses four challenges. The challenges claim that pace the basic view, the relevant capacities depend on recognition, that recognition seems to have normative rele- vance, and that the basic view cannot as such explain the equality either of persons, or of humans. Responding to these challenges amounts to refining the basic view accordingly. (shrink)

This paper aims to provide an ethical assessment of the shooting of animals for sport. In particular, it discusses the use of partridges and pheasants for shooting. While opposition to hunting and shooting large wild mammals is strong, game birds have often taken a back seat in everyday animal welfare concerns. However, the practice of raising game birds for sport poses significant ethical issues. Most birds shot are raised in factory-farming conditions, and there is a considerable amount of evidence to (...) show that these birds endure extensive suffering on these farms. Considering the fact that birds do have interests, including interests in life and not suffering, what are the ethical implications of using them for blood sports? Indeed, in the light of the suffering that game birds endure in factory farms, it may be that shooting such birds for sport is more morally problematic than other types of hunting and shooting which many people are often fiercely opposed to, for while it seems plausible to say that some animals may be harmed more by death than others (due to, say, their greater capacities), there may be harms that are worse than death (such as a life of intolerable suffering). The objective of this paper is to assess the ethics of shooting animals for sport, and in particular the practice of raising game birds for use in blood sports, by applying principles commonly used in ethics; specifically the principle of non-maleficence and equal consideration of (like) interests. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

In this paper I will argue that Regan’s subjects-of-a-life account is epistemically irresponsible. Firstly, in making so many epistemic claims. Secondly in making the claims themselves.

Our ethical obligations to another being depend at least in part on that being’s capacity for a mental life. Our usual approach to inferring the mental state of another is to reason by analogy: If another being behaves as I do in a circumstance that engenders a certain mental state in me, I conclude that it has engendered the same mental state in him or her. Unfortunately, as philosophers have long noted, this analogy is fallible because behavior and mental states (...) are only contingently related. If the other person is acting, for example, we could draw the wrong conclusion about his or her mental state. In this article I consider another type of analogy that can be drawn between oneself and another to infer the mental state of the other, substituting brain activity for behavior. According to most current views of the mind–body problem, mental states and brain states are non-contingently related, and hence inferences drawn with the new analogy are not susceptible to the alternative interpretations that plague the behavioral analogy. The implications of this approach are explored in two cases for which behavior is particularly unhelpful as a guide to mental status: severely brain–damaged patients who are incapable of intentional communicative behavior, and nonhuman animals whose behavioral repertoires are different from ours and who lack language. (shrink)

The creation of chimeras by introducing human stem cells into nonhu- man animals has provoked intense concerns. Addressing objections that appeal to human dignity, I focus in this essay on stem cell research intended to generate human neurons in Great Apes and rodents. After considering samples of dignity- based objections from the literature, I examine the underlying assumption that nonhuman animals have lower moral status than personsFwith particular attention to what it means to speak of higher and lower moral statusFbefore (...) evaluating the chimera research in question. I argue that (1) such experiments involving Great Apes should be prohibited out of respect for the research subjects and (2) such experiments involving rodents may or may not be permissible, depending on how we answer unresolved questions regarding rodents’ moral status. In the end, concerns about human dignity prove insignificant. (shrink)

Due to increasing empiricalinformation on farm animal welfare since the1960s, the prospects for sound decisionmakingconcerning welfare have improved. This paperdescribes a strategy to develop adecision-making aid, a decision support system,for assessment of farm-animal welfare based onavailable scientific knowledge. Such a decisionsupport system allows many factors to be takeninto account. It is to be developed accordingto the Evolutionary Prototyping Method, inwhich an initial prototype is improved inreiterative updating cycles. This initialprototype has been constructed. It useshierarchical representations to analysescientific statements and statements (...) describingthe housing system. Welfare is assessed fromwhat is known about the biological needs of theanimals, using a welfare model in the form of atree that contains these needs as welfarecomponents. Each state of need is assessedusing welfare relevant attributes of thehousing system and weighting factors.Attributes are measurable properties of thehousing system. Weighting factors are assignedaccording to heuristic rules based on theprinciple of weighting all components(attributes and needs) equally, unless thereare strong reasons to do otherwise. Preliminarytests of the prototype indicate that it may bepossible to perform assessment of farm-animalwelfare in an explicit way and based onempirical findings. The procedure needs to berefined, but its prospects are promising. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

Many traditional attempts to show that nonhuman animals are deserving of moral consideration have taken the form of an argument by analogy. However, arguments of this kind have had notable weaknesses and, in particular, have not been able to convince two kinds of skeptics. One of the most important weaknesses of these arguments is that they fail to provide theoretical justifications for why particular physiological similarities should be considered relevant. This paper examines recent empirical research on pain and, in particular, (...) explores the implications of the dissociation between the sensory and the affective pain pathways. It is argued that these results show that the belief that nonhuman animals experience pain in a morally relevant way is reasonable, though not certain. It is further argued that the proposal to explore the relationship between consciousness and various forms of learning challenges the aforementioned skeptics to provide more physiological details for their claims that nonhuman mammals are probably not conscious. (shrink)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I argue that, once (...) we unpack the internal relation between directed duties, moral status, and flourishing, relations can ground personhood and include nonhuman animals. (shrink)

This paper criticizes Jerome Wakefield’s harmful dysfunction analysis of disorder by arguing that the conceptual linkage it establishes between the medical concepts of health and disorder and the prudential notions of well-being and harm makes the account inapplicable to nonsentient organisms, such as plants, fungi, and many invertebrate animals. Drawing on a previous formulation of this criticism by Christopher Boorse, and noting that Wakefield could avoid it if he adopted a partly biofunction-based account of interests like that often advocated in (...) the field of environmental ethics, I argue that integrating such an account of interests into the HDA would generate serious concerns. Specifically, it would make dysfunction sufficient for disorder and so reestablish between dysfunction and disorder precisely the kind of sufficiency relation that harm-requiring accounts of disorder strive to avoid; blur the line between the HDA’s dysfunction and harm components and, in so doing, deprive the HDA of its alleged main advantage over monistic dysfunction-based accounts of disorders like Boorse’s; and tie the HDA to an understanding of harm that is in itself problematic. I argue that these three concerns, and the dilemmas they generate, rob the HDA of much of its prima facie appeal, ultimately indicating that a satisfactory account of disorder should most likely eschew all references to prudential notions of well-being and harm. (shrink)

Many philosophers accept both of the following claims: (1) consciousness matters morally, and (2) species membership doesn’t matter morally. In other words, many reject speciesism but accept what we might call 'sentientism'. But do the reasons against speciesism yield analogous reasons against sentientism, just as the reasons against racism and sexism are thought to yield analogous reasons against speciesism? This paper argues that speciesism is disanalogous to sentientism (as well as racism and sexism). I make a case for the following (...) asymmetry: (a) some non-humans clearly have interests, but (b) no non-conscious entities clearly have interests. This asymmetry, I argue, renders sentientism resistant to the standard argument against speciesism. (shrink)

Many people assume that serious reflection on animal ethics arose because of recent technological progress, the sharp rise in human population, and consequent pressure on global ecology. They consequently believe that this sub-discipline is relatively new and that traditional religions have little or nothing to offer. In spite of this however, we are currently seeing a heightened awareness of religion’s important role in all areas of individual and communal life, for better or for worse. As regards our relations with nature (...) in general and with animals in particular, and as regards the foundational idea of creaturehood, religious traditions have played, and are still playing, a central role in molding the subliminal conscience of billions of people, guiding their moral dispositions that often remain unarticulated. This paper therefore explores our relation to animals by referring not only to the binary conceptual structure animality-humanity, as philosophers often do, but by referring also to the triple conceptual structure animality-humanity-divinity. After critically evaluating some of the relevant attitudes that derive from the major world religions, the paper tries to determine the extent to which the doctrine of these religions converge on some useful central principles regarding animal ethics and animal production. The result of this research supplies added support to the claim that the study of religious outlooks in this area serves to rediscover neglected perspectives and thereby to enlarge the horizon of current philosophical work. (shrink)

Commentary on Kyle Johannsen, Wild Animal Ethics (Routledge, 2020). I want to unpack what we should understand by wild animal well-being, and how different interpretations of what matters about it shape the sorts of interventions we endorse. I will not offer a theory of wild animal well-being or even take a stance on the best approach to theories of well-being as they pertain to wild animals. My aim is to bring into view a concern that WAE has largely overlooked: agency (...) and freedom. To Johannsen’s credit, the issue of liberties does feature in his Wild Animal Ethics (2020) (36–39, 41, 47). The interventions that he favors are those that, for a given amount of harm prevention, involve fewer liberty infringements. Liberties can act, to an extent, as constraints on permissible interventions. For all that, Johannsen’s primary focus remains welfare in a sense that does not appear to give much consideration to agency. Fortunately, his approach is open-ended enough to accommodate some of my concerns. My hope is that he sees them as possible ways of specifying the duties of beneficence, if not justice, that he rightly argues we have to wild animals. (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)