Don Marquis argues that his “future of value” account of the ethics of killing affords us a persuasive argument against abortion that avoids difficult questions about the moral status of the fetus. I argue that Marquis’ account is missing essential detail required for the claimed plausibility of the argument and that any attempt to provide this needed detail can be expected to undercut the claim of plausibility. I argue that this is the case because attempts to provide the missing detail (...) are tantamount to accounts of moral status of the sort Marquis claims to avoid and can therefore be expected to have all the familiar problems of such accounts. Finally, I consider the standard problem infanticide poses for a familiar model of personhood and argue that Marquis’ use of this objection as ablanket criticism of personhood accounts is superficial. (shrink)

The present paper unravels ontological and normative conditions of personhood for the purpose of critiquing ‘Cognitivist Views’. Such views have attracted much attention and affirmation by presenting the ontology of personhood in terms of higher-order cognition on the basis of which normative practices are explained and justified. However, these normative conditions are invoked to establish the alleged ontology in the first place. When we want to know what kind of entity has full moral status, it is tempting to establish an (...) ontology that fits our moral intuitions about who should qualify for such unique normative standing. But this approach conflates personhood’s ontology and normativity insofar as it stresses the primacy of the former while implicitly presupposing the latter; it thereby suffers from a ‘Normative Fallacy’ by inferring from ‘ought’ to ‘is’. Following my critique of Cognitivism, I sketch an alternative conception, contending that, whereas the Cognitivist ontology of personhood presupposes the normative, a social ontology is constituted by it. In due consideration of evidence from developmental psychology, the social embeddedness of persons—manifested in the ability of taking a ‘second-person stance’—is identified as a key feature of personhood that precedes higher-order cognition, and is directly linked to basic normative concerns. (shrink)

Das Potenzialitätsargument (PA) ist das wohl wichtigste Argument der Gegner der verbrauchenden Embryonenforschung und des Schwangerschaftsabbruchs. Weil schon der frühe Embryo eine potenzielle Person sei, so das Argument, besitze er bereits den moralischen Status einer Person. Mit der Möglichkeit, aus differenzierten somatischen Zellen „ethisch unproblematische“ induzierte pluripotente Stammzellen (iPS-Zellen) zu gewinnen, schien diese PA-Problematik zumindest für die Forschung umgangen. Indessen zeigen neuere wissenschaftliche Erkenntnisse, dass auch aus pluripotenten Zellen neue Organismen erwachsen können. Der Beitrag argumentiert dafür, dass nach der Logik (...) von PA nicht nur iPS-Zellen, sondern auch die somatischen Zellen, aus denen diese entstehen, als potenzielle Personen mit Würde und Lebensrecht anzusehen wären. Aufgrund dieser Implikationen ist PA auch nicht als Argument für ein Lebensrecht von Embryonen geeignet. (shrink)

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in our eyes. (...) Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

Much of the abortion debate has revolved around questions of the ontological status of the fetus: many liberals and conservatives agree that if the fetus is a person in the fullest sense of “person”, it would require very weighty reasons to justify killing it; if, on the other hand, the fetus is not a person in the fullest sense, considerations of less moment should suffice to justify killing it. Resolution of questions about the morality of abortion, thus, should be quite (...) straightforward: stipulate criteria of personhood and determine whether fetuses, in general, or some particular fetus satisfies those criteria. If a fetus satisfies them, it is a person in the fullest sense and has the same right to life as any other person; if it fails to satisfy those criteria, it is not a person in the fullest sense and, thus, does not have the same right to life as a person. Unfortunately, such a programme is easier envisaged than achieved. The literature is laden with controversial analyses of personhood, none of which are acceptable to all parties to the abortion controversy, and, thus, discussions of the morality of abortion continue at a shrill level; unable to find any common ground from which to initiate reasoned discourse the two sides talk past each other and no progress is made. (shrink)

Much of the abortion debate has revolved around questions of the ontological status of the fetus: many liberals and conservatives agree that if the fetus is a person in the fullest sense of “person”, it would require very weighty reasons to justify killing it; if, on the other hand, the fetus is not a person in the fullest sense, considerations of less moment should suffice to justify killing it. Resolution of questions about the morality of abortion, thus, should be quite (...) straightforward: stipulate criteria of personhood and determine whether fetuses, in general, or some particular fetus satisfies those criteria. If a fetus satisfies them, it is a person in the fullest sense and has the same right to life as any other person; if it fails to satisfy those criteria, it is not a person in the fullest sense and, thus, does not have the same right to life as a person. Unfortunately, such a programme is easier envisaged than achieved. The literature is laden with controversial analyses of personhood, none of which are acceptable to all parties to the abortion controversy, and, thus, discussions of the morality of abortion continue at a shrill level; unable to find any common ground from which to initiate reasoned discourse the two sides talk past each other and no progress is made. (shrink)

In “Abortion and Ownership” John Martin Fischer argues that in Judith Jarvis Thomson’s violinist case you have a moral obligation not to unplug yourself from the violinist. Fischer comes to this conclusion by comparing the case with Joel Feinberg’s cabin case, in which he contends a stranger is justified in using your cabin to stay alive. I argue that the relevant difference between these cases is that while the stranger’s right to life trumps your right to property in the cabin (...) case, the violinist’s right to life does not trump your right to liberty in the violinist case. (shrink)

The view that the fetus' potential for human consciousness confers upon it the right to life has been widely criticised on the basis that the notion of potentiality is so vague as to be meaningless, and on the basis that actual rights cannot be deduced from the mere potential for personhood. It has also been criticised, although less commonly, on the basis that it is not the potential to assume consciousness, but rather the potential to resume consciousness which is morally (...) significant, and on the basis that the fetus does not really possess the potential for consciousness. In response, I argue that these criticisms are mistaken and that the potential for human consciousness is a sufficient condition not simply of potential, but actual, personhood. Since it possesses this potential from the moment of conception, the fetus should be considered an actual person from the moment of its conception. (shrink)

This paper is written in response to controversial judicial decisions following separation surgery on conjoined twins “Jodie” and “Mary”. The courts, it is argued, seem to have conceptualised the twins as “entangled singletons” requiring medical intervention to render them physically separate and thus “as they were meant to be”, notwithstanding the death of the weaker twin, “Mary”. In contrast, we argue that certain notions, philosophical and biological, of what human beings are intended to be, are problematic. We consider three compelling (...) conceptualisations of conjoined twins and advocate a model that conceives them as two psychologically separate individuals who happen to share a body, the sharing of a body being integral to the individuality of each twin. While we reject an “essentialist” view of the conjoined state, a view which might render separation surgery unthinkable in all cases, we nevertheless argue against an “adversarial” interpretation of conjoined twins’ respective best interests. We maintain that the physical entanglement should be regarded as a shared problem rather than one posed by one twin to the other. And if, after deliberation, separation surgery is deemed the “least detrimental alternative” or the “lesser of two evils”, then there should be recognition of what conjoined twins will lose, as well as gain, through separation. The current drive to separate twins at all costs may evince a deeper unease with bodily configurations that appear to threaten the premium that the Western ethical and legal tradition places on personal sovereignty, and the physical circumscription that such sovereignty assumes. (shrink)

Since the Nuremberg Code and the first Declaration of Helsinki, globally there has been increasing adoption and adherence to procedures for ensuring that human subjects in research are as well informed as possible of the study’s reasons and risks and voluntarily consent to serving as subject. To do otherwise is essentially viewed as violation of the human research subject’s legal and moral rights. However, with the recent philosophical concerns about responsible robotics, the limits and ambiguities of research-subjects ethical codes become (...) apparent on the matter of constructing automata that maximally resemble human beings (as defined hereunder). In this case, the automata themselves, as products of research and development, are in the very process of their construction subjects of research and development. However, such research faces a paradox: The subjects cannot give their informed consent to this research for their own development, although their consent would be needed for the research. According to ethical codes, this research would be unethical. The article then explores whether the background concepts giving rise to this paradox could be reframed in order to allow such research to proceed ethically. (shrink)

In this article, I urge that mainstream discussions of abortion are dissatisfying in large part because they proceed in polite abstraction from the distinctive circumstances and meanings of gestation. Such discussions, in fact, apply to abortion conceptual tools that were designed on the premiss that people are physically demarcated, even as gestation is marked by a thorough-going intertwinement. We cannot fully appreciate what is normatively at stake with legally forcing continued gestation, or again how to discuss moral responsibilities to continue (...) gestating, until we appreciate in their own terms the goods and evils distinctive of gestational connection. To underscore the need to explore further the meanings of gestation, I provide two examples of the difference it might make to legal and moral discussions of abortion if we appreciate more fully that gestation is an intimacy. (shrink)

When philosophers consider what moral status human beings have, they tend to find themselves either supporting the idea that not all human beings are rightholders or adopting what Peter Singer calls a 'speciesist' position, where speciesism is defined as morally favoring a particular species—in this case, human beings—over others without sufficient justification. In this paper, I develop what I call the 'genetic basis for moral agency' account of rightholding, and I propose that this account can allow all human beings to (...) be rightholders without being speciesist. While my aim is to set out this account clearly rather than to defend it, I explain how this account is different from a potentiality account and I argue that it is preferable to an actual moral agency account of human moral status. (shrink)

In this article, I examine the standard assumption that ethical disagreements on abortion and human embryonic stem cells research are grounded on metaphysical claims that underlie these ethical issues. Contrary to what some philosophers have claimed, I argue that, although the bioethical positions about the human embryo’s moral status are partly grounded on metaphysical claims, incorporating metaphysical arguments in the debates about the ethics of reproduction will not resolve this issue.

In her important and well-known discussion “On the Moral and Legal Status of Abortion,” Mary Anne Warren regrets that “it is not possible to produce a satisfactory defense of a woman’s right to obtain an abortion without showing that the fetus is not a human being, in the morally relevant sense.” Unlike some more cautious philosophers, Warren thinks that we can definitively demonstrate that the fetus is not a person. In this paper, Warren’s argument is critically examined with a focus (...) especially on the question of the foundation and the boundaries of the moral community. The fundamental thesis of the paper is that Warren’s approach is flawed for at least four reasons: (1) that being a person is not as obviously central to having full moral rights as Warren assumes, (2) that her exclusivism regarding moral status has dubious moral consequences independent of the abortion issue, (3) that it is not clear that a fetus is not a person, even on Warren’s own criteria, and (4) her criteria for personhood are themselves suspect. (shrink)

ABSTRACTIt has become a commonplace that human beings possess human rights ‘simply in virtue of being human’. Exactly what this formula entails and whether it is cogent remains largely obscure, however. To remedy this situation, the article distinguishes between an interpretation of the formula according to which ‘being human’ is a practical condition for holding human rights and a reading which takes ‘being human’ to be a moral reason for holding human rights. It argues that only under the second reading (...) is there a limited sense in which it is correct that human beings possess human rights ‘simply in virtue of being human’. The article also considers if the concept of human dignity can provide a more convincing approach to the formula, and argues that it cannot. (shrink)

Personhood is a foundational concept in ethics, yet defining criteria have been elusive. In this article we summarize attempts to define personhood in psychological and neurological terms and conclude that none manage to be both specific and non-arbitrary. We propose that this is because the concept does not correspond to any real category of objects in the world. Rather, it is the product of an evolved brain system that develops innately and projects itself automatically and irrepressibly onto the world whenever (...) triggered by stimulus features such as a human-like face, body, or contingent patterns of behavior. We review the evidence for the existence of an autonomous person network in the brain and discuss its implications for the field of ethics and for the implicit morality of everyday behavior. (shrink)

Many contemporary bioethicists claim that the possession of certain psychological properties is sufficient for having full moral status. I will call this thepsychological approach to full moral status. In this paper, I argue that there is a significant tension between the psychological approach and a widely held model of Dissociative Identity Disorder (DID, formerly Multiple Personality Disorder). According to this model, the individual personalities or alters that belong to someone with DID possess those properties that proponents of the psychological approach (...) claim suffice for full moral status. If this account of DID is true, then the psychological approach to full moral status seems to entail that the two standard therapies for treating DID might, on occasion, be seriously immoral, for they may well involve the (involuntary) elimination of an entity with full moral status. This result should give proponents of the psychological approach pause, for most people find the claim that current treatments of DID are ethically suspect highly counter-intuitive. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...) of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

A common interpretation of Philip K. Dick’s texts _Do Androids Dream of Electric Sheep?_ and _We Can Build You_ is that they attempt to answer the question “What does it mean to be human?” -/- Unfortunately, these interpretations fail to deal with the fact that the term “human” has both metaphysical and moral connotations. Metaphysical meanings associated with theories of human nature and moral meanings associated with theories of moral status are thus blurred in the novels and in the literature (...) that discusses them. This is problematic on many levels. The conclusion argued for in this paper is that we should carefully disentangle these meanings. Doing so has many benefits, both for literary criticism and moral philosophy. For literary criticism, disentanglement helps solve some puzzling elements of the texts that are unlikely to be solved if the entanglements are not undone. -/- Furthermore, disentangling the moral and the metaphysical meanings of “human” provides an opportunity to showcase how theories of moral status can be used as an interpretive lens. For moral philosophy, exploring the entanglements of the novels can suggest new ideas about which non-humans—animals, robots, artificial intelligence—are part of the moral community. Finally, disentangling these meanings highlights problems that arise when one assumes that answers to metaphysical questions entail clear moral answers to questions about moral status. (shrink)

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did (...) it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and sexual consent, (...) and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice. (shrink)

A number of areas of biology raise questions about what is of value in the natural environment and how we ought to behave towards it: conservation biology, environmental science, and ecology, to name a few. Based on my experience teaching students from these and similar majors, I argue that the field of environmental ethics has much to teach these students. They come to me with pent-up questions and a feeling that more is needed to fully engage in their subjects, and (...) I believe some exposure to environmental ethics can help focus their interests and goals. I identify three primary areas in which environmental ethics can con- tribute to their education. The first is an examination of who (or what) should be considered to be part of our moral community (i.e., the community to whom we owe direct duties). Is it humans only? Or does it include all sentient life? Or all life? Or ecosystems considered holistically? Often, readings implicitly assume one or more of these answers; the goal is to make the student more sensitive to these implicit claims and to get them to think about the different reasons that support them. The second area, related to the first, is the application of the different answers concerning the extent of the ethical community to real environmental issues and problems. Students need to be aware of how the different answers concerning the moral community can imply conflicting answers for how we should act in certain cases and to think about ways to move toward conflict resolution. The third area in which environmental ethics can contribute is a more conceptual one, focusing on central concepts such as biodiversity, sustainability, species, and ecosystems. Exploring and evaluating various meanings of these terms will make students more reflective and thoughtful citizens and biologists, sensitive to the implications that different conceptual choices make. (shrink)