From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...) to see that it is only the capacity to attract legal relations that defines the legal person. This definition, that avoids the undesirable emotional associations and equivocations that often plague the debate, is important for a legally-grounded view of the firm. (shrink)

This Dissertation argues for a care-centrically grounded account of relational personhood and widely realized diachronic personal identity. The moral distinction between persons and non-persons is arguably one of the most salient ethical lines we can draw since many of our most fundamental rights are delineated via the bounds of personhood. The problem with drawing such morally salient lines is that the orthodox, rationalistic definition of personhood, which is widespread within philosophical, medical, and colloquial spheres, excludes, and thereby de-personifies, a large (...) number and a great variety of human beings such as neonates, young children, the elderly who suffer from dementia, individuals with severe cognitive disabilities, and patients in vegetative states. The reconceptualization of personhood necessary for a more inclusive definition ought to originate with an appropriate moral grounding. To this end, this Dissertation grounds the notion of personhood in the care ethical sphere, thereby emphasizing the role of care relations in the maintenance of the moral consideration of vulnerable individuals. This Dissertation argues that grounding the concept of a person in care relations entails a relational account of personhood, which, along with the insights of the Extended Mind and Social Manifestation Theses, leads to an extended and externalized understanding of diachronic identity, which allows fragile people to be held in their personal identities even if they themselves lack the capacities usually associated with moral personhood. As we trace a person’s identity through time, we track the various relational properties, which constitute personal narratives and thus act as a glue that binds such dynamic and often unique properties into stable, trackable narratives. Since care relations are morally relevant on a care-centric account of personhood, what is lost in cases where such care relating ceases is not merely of sentimental value, but of great moral importance as well. Morally meaningful care relations are not replaceable, and, by extension, neither are the narratives that are constituted by such unique and irreplaceable instances of relating. This Dissertation argues that the constitutive care relational nature of personal narratives makes such narratives irreplaceable and is precisely what makes persons so morally precious. (shrink)

This dissertation seeks to examine the validity of the justification commonly offered for a coercive (1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and philosophical (...) analyses of coercive psychiatric interventions generally regard such interventions as embodying a benign paternalism occasioning slight, if any, ethical concern. Whilst there are some dissenting voices even at the very heart of academic and professional psychiatry, the majority of psychiatrists also appear to share such views. The aim of this dissertation is to show that such a perspective is mistaken and that such interventions raise philosophical and ethical questions of the profoundest importance.(2) The philosophical well-spring of the Stage 1 dissertation argument lay in an observation made by Philippa Foot (3) that the “… right to be let free from unwanted interference” is one of the most fundamental and distinctive rights of persons, a right which takes precedence over any “… action we would dearly like to take for his sake.” This – in conjunction with the recognition that some coercive psychiatric interventions are of a gravity as to result in the personhood of the subject being severely damaged if not destroyed – suggested that the concept of personhood play a central role in the formulation of the dissertation argument. For ease of analysis it was presumed that the term ‘person’ could be defined by a set of necessary and sufficient conditions of which ‘minimum levels of rationality’ and ‘ability to communicate’ were the only conditions relevant to the formulation of justifications for coercive psychiatric interventions. This presumption was explicated into a number of postulates which enabled the construction of a rigorous foundation on which to develop the dissertation argument. This argument then sought to determine whether psychiatric assessments of irrationality were accurate and reliable. In furtherance of this analysis it was necessary to examine the reliability of psychiatric determinations in other areas of claimed expertise namely diagnosis, treatment and assessment of dangerousness. This ‘crossing of the disciplinary threshold’ brought to light the dearth of studies on psychiatric misdiagnosis and iatrogenic harm. A variant of the Precautionary Principle was developed to enable the extent of such harms to be estimated. The not insignificant levels of psychiatric misdiagnosis and iatrogenic harm and erroneous assessments of dangerousness which were thus found are of considerable relevance to any ethical analysis of the justification for coercive psychiatric intervention and serve to undermine simple paternalistic justifications. --- (1)The term ‘coercive’ (rather than ‘non-consensual’) is used to indicate an intervention carried out against the explicit and contemporaneous objections of the subject (2)Not least because the number of individuals detained in Irish psychiatric hospitals is of a comparable order of magnitude to the number detained in Irish prisons subsequent to a criminal conviction (3)See Foot (1977), p.102. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at nine (...) months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)

The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...) and how in causing a child together co-parents become parent and child to one another. For instance, since parents create children by offering themselves as models to be copied, co-parents should enjoy the best type of friendship with one another, each treating the other’s flourishing as a human person as their end. I suggest that co-parenthood contains parenthood virtually, that the co-parents’ love of their child is a manifestation of their love for one another, that the teleological fulfilled state of the friendship between parent and child exists in the friendship of co-parents. (shrink)

This article reflects upon the increasingly popular claim that animals are persons. Such a claim can take a metaphysical, a moral, or a legal meaning. Animals may or may not be persons, but I challenge the assumption that it is even fruitful to think about the ways in which animals are “persons.” At best, it is a relatively narrow assimilationist conceptual exercise. At worst, it distracts us from conceptualizing more effective strategies to improve the welfare of animals and impoverishes more (...) promising avenues of philosophical investigation on interspecies relations and on the nature and moral status of both animals and human beings. (shrink)

ABSTRACT The paper has to do with Peter Singer's statement ‘A German Attack on Applied Ethics’, and particularly with the claim that those who protested against his speaking at conferences in Europe in 1989 failed to recognise his right to freedom of expression. I argue that the right to free expression does not mean that we may say anything at all, to anyone at all, anywhere at all. Visitors to foreign countries, for example, have some obligation to be sensitive to (...) local concerns. I also argue that there is an important difference between free expression, which is a basic right, and regular access to public platforms, which is a special right or privilege. This special right or privilege goes with certain jobs and professions, and could not be made universal. The German and Austrian protests against Singer temporarily deprived him of the privilege of access to a platform but were not attacks on the basic right of free speech as such. In fact the protests themselves could be regarded as a legitimate exercise of the right of free expression. (shrink)

U radu se nudi prikaz su-roditeljstva prema kojem su su-roditelji jedno drugom i roditelj i dijete. Rad započinje pregledom postojećih teorija o vrijednosti roditeljstva kako bi se vidjelo može li se vrijednost su-roditeljstva svesti na to. Utvrdivši da se ne može, ukratko elaboriram teoriju roditeljstva po kojoj su roditelji ti koji stvaraju osobe. Koristeći Aristotelova četiri uzroka kao korisnu prizmu, ocrtavam kako su roditelji uzrok svog djeteta i kako u stvaranju djeteta zajedno su-roditelji postaju roditelji i dijete jedno drugome. Na (...) primjer, s obzirom na to da roditelji stvaraju djecu kao modele koje treba kopirati, su-roditelji bi trebali uživati u najboljoj vrsti prijateljstva jedni s drugima, tretirajući procvat onog drugog kao ljudske osobe kao svoj cilj. Predlažem da su-roditeljstvo sadrži roditeljstvo virtualno, da je ljubav su-roditelja prema djetetu manifestacija njihove ljubavi jednih prema drugima te da teleološki ispunjeno stanje prijateljstva između roditelja i djeteta postoji u prijateljstvu su-roditelja. (shrink)