This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show how (...) a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (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)

The literature on epistemic injustice currently displays a logocentric or propositional bias that excludes people with intellectual disabilities from the scope of epistemic agency and the demands of epistemic justice. This paper develops an account of epistemic agency and injustice that is inclusive of both people with and people without intellectual disabilities. I begin by specifying the hitherto undertheorized notion of epistemic agency. I develop a broader, pluralist account of epistemic agency, which relies on a conception of knowledge that accounts (...) not only for propositional knowing, but also for other types of knowing that have been largely neglected in debates on epistemic injustice and agency. Based on this pluralist account of epistemic agency, I then show that people with intellectual disabilities qualify as epistemic agents and therefore as subjects of epistemic justice. Finally, I argue that this pluralist account of epistemic agency pushes us to revisit the current conception of epistemic injustice and to expand its taxonomy in two important ways. (shrink)

This paper is about the moral status of those human beings with profound intellectual disabilities (PIDs). We hold the common sense view that they have equal status to ‘normal’ human beings, and a higher status than any non-human animal. We start with an admission, however: we don’t know how to give a fully satisfying theoretical account of the grounds of moral status that explains this view. And in fact, not only do we not know how to give such an account, (...) but the most satisfying account of moral status that we know (which we call ‘the standard account’) entails that our view is false. It entails that those with PIDs have a lower status than ordinary human beings and an equal status to non-human animals. Now, in this paper, we do absolutely nothing to try to show where the standard account goes wrong, and we do absolutely nothing to resolve the difficulties we see in developing an alternative account that supports our view. Indeed, we do not give any argument against the standard account or in favour of our own view. Instead, we raise the following question: in order to be justified in continuing to hold our view, are we obliged to give such an account? Our answer will be that we are not. (shrink)

Disability activists' redefinition of “disability” as a social, rather than a medical, problem attempts to reassign causality. We explicate the untenable implications of this approach and argue this definition is maleficent, unjust, and inconsistent. Thus, redefining disability as a socially caused phenomenon is, from a moral point of view, ill-advised.

This paper outlines the moral contours of human relationships with companion animals. The paper details three sources of duties to and regarding companion animals: (1) from the animal’s status as property, (2) from the animal’s position in relationships of care, love, and dependency, and (3) from the animal’s status as a sentient being with a good of its own. These three sources of duties supplement one another and not only differentiate relationships with companion animals from wild animals and other categories (...) of domestic animals such as livestock, but they also overlap to provide moral agents with additional reasons for preventing and avoiding harm to companion animals. The paper concludes that not only do owners and bystanders have direct and indirect duties to protect companion animals from harm, but also that these duties have the potential, in some circumstances, to clash with duties owed to the state and fellow citizens. (shrink)

Dementia is more than a disease. What dementia is, how it is understood, and how it is experienced is influenced by multiple factors including our societal preoccupation with individual identity. This essay introduces empirical and theoretical evidence of alternative ways of understanding dementia that act as a challenge to common assumptions. It proposes that dementia be understood as an experience of systems, particularly networks of people affected by the diagnosis. Taking this step reveals much about the dementia experience, and about (...) what can be learned from persons with dementia and their networks of family, friends, and carers. It also suggests that dementia may be best thought of as an ecology that arises from the interaction between neuropathological change, people, language, and meaning. While challenging, this perspective may provide new ways of responding to dementia and caring for those affected by it. (shrink)

Given the metaphysical and explanatory stalemate between Embedded and Extended cognition, different authors proposed moral arguments to overcome such a deadlock in favor of EXT. Farina and Lavazza attribute to EXT and EMB a substantive moral content, arguing in favor of the former by virtue of its progressiveness and inclusiveness. In this treatment, I criticize four of their moral arguments. In Sect. 2, I focus on the argument from legitimate interventions and on the argument from extended agency. Section 3 concerns (...) the argument from better protection and the argument from better treatment. Sections 4 and 5 are dedicated to counterarguments against each respectively. By distinguishing between EXT and the extended view, I argue that it is sufficient to use this second version for directly addressing and evaluating moral problems on normative grounds, independently of the causal or constitutive cognitive influence of the external resource on the agents’ minds. Moreover, I argue that the arguments and assumptions used by EXT theorists do not foster values of progressiveness and inclusiveness. To conclude, in Sect. 6, I show that the analysis of each argument converges on the conclusion that EXT does not have substantive moral content and implications per se, since they always depend on further assumptions. (shrink)

This essay explores various roles that philosophers occupy in relation to intellectual disability. In examining how philosophers define their object of inquiry as experts and gatekeepers, it raises critical questions concerning the nature of philosophical discourse about intellectual disability. It then goes on to consider three alternate positions, the advocate or friend, the animal, and the “intellectually disabled,” each of which points to new ways of philosophizing in the face of intellectual disability.

This Introduction to the collection of essays surveys the philosophical literature to date with respect to five central questions: justice, care, agency, metaphilosophical issues regarding the language and representation of cognitive disability, and personhood. These themes are discussed in relation to three specific conditions: intellectual and developmental disabilities, Alzheimer's disease, and autism, though the issues raised are relevant to a broad range of cognitive disabilities. The Introduction offers a brief historical overview of the treatment cognitive disability has received from philosophers, (...) and explains the specific challenges that cognitive disability poses to philosophy. In briefly summarizing the essays in the collection, it highlights the distinctive contributions the collection makes to ethics, political philosophy, bioethics, and the philosophy of disability. We hope that the richness of the topics explored by these essays will be a spur to further investigation. (shrink)

This essay explores various philosophical approaches to cognitive disability within feminist philosophy. In doing so, it addresses three broad questions: What positive contributions can feminist philosophy make to the philosophy of cognitive disability? How have feminist philosophers critiqued the presence and absence of cognitive disability in philosophy? And what challenges does cognitive disability pose to feminist philosophy itself? The essay begins with definitions and models of disability and then turns to feminist work on cognitive disability in moral and political philosophy, (...) bioethics, and epistemology. It concludes with some methodological considerations. (shrink)

People with disabilities suffer from pervasive inequalities in employment, education, transportation, housing, and health care compared to those who are not disabled. Moreover, people with disabilities are often subject to unjustified stigma and pity. In this paper, I will explain why these disadvantages violate relational egalitarian principles of justice. As I will show, my argument can account for both kinds of inequality that disabled people face.

Human rights have increasingly been put forward as an important framework for bioethics. In this paper, it is argued that human rights offer a potentially fruitful approach to understanding the notion of Respect for Persons in bioethics. The idea that we are owed a certain kind of respect as persons is relatively common, but also quite often understood in terms of respecting people’s autonomous choices. Such accounts do however risk being too narrow, reducing some human beings to a second-class moral (...) status. This paper puts forward a political approach to our standing as persons and a strongly pluralistic account of human rights that lays the ground for a more broadly applicable conception of Respect for Persons. It is further argued that this model also provides an example of a more general approach to philosophical ethics, an approach which is here called taxonomical pluralism. When it comes to Respect for Persons specifically, this principle is developed in terms of five distinct core concerns. (shrink)

Autonomy and consent have been central values in Western moral and political thought for centuries. One way of understanding the bioethical models that started to develop, especially in the 1970s, is that they were about the fusion of a long-standing professional ethics with the core values underpinning modern political institutions. That there was a need for this kind of fusion is difficult to dispute, especially since the provision of health care has in most developed countries become an ever more important (...) concern of our political institutions, with governments playing a significant role in regulating and facilitating the provision of health care and in many countries even largely organizing it. There is, nevertheless, still room for dispute about how best to achieve this fusion and how to best think about autonomy and consent in a biomedical context. The simplest model we can have is probably about how being a person is largely about having the capacity of autonomous choice and that the main mode through which we exercise autonomy is by providing informed consent. Yet, liberal democracy's core idea that human beings have a high and equal value is also found in other accounts of the person. The human-rights framework provides an alternative model for thinking about personhood and about patient care. The human-rights approach is grounded, not in an account of autonomy, but in an account of the moral and political personhood that people possess merely by being human beings. In this approach, values like dignity and integrity, both highly relevant in a bioethical context, are identified as distinct values rather than being derived from and therefore reduced to respect for autonomous choice. The human-rights approach can supplement the problematic notion of autonomy that has been central to bioethics by placing this notion in a broader, strongly pluralistic framework. (shrink)

For caregivers of minimally communicative individuals, providing support in the absence of clearly meaningful responses is ethically fraught. We conducted a secondary analysis of qualitative data from caregivers of individuals who are minimally communicative, including persons with advanced dementia and individuals in disorders of consciousness. Our analysis led to two central claims: (1) Personhood is a threshold concept that is situated, relational, and dynamic and (2) in circumstances in which personhood is difficult to judge, caregivers can “fill the gap” to (...) reach the threshold through a repertoire of strategies. Because personhood is in part an attribution from others, a situational loss of personhood does not preclude restoration, nor does it eliminate moral status. (shrink)

In her paper titled “The End of Personhood,” Jennifer Blumenthal-Barby (2024) takes a swipe at the functionalist account of personhood. The problem with the functionalist view of personhood is that...

The concept of personhood has been central to bioethics debates about abortion, the treatment of patients in a vegetative or minimally conscious states, as well as patients with advanced dementia. More recently, the concept has been employed to think about new questions related to human-brain organoids, artificial intelligence, uploaded minds, human-animal chimeras, and human embryos, to name a few. A common move has been to ask what these entities have in common with persons (in the normative sense), and then draw (...) conclusions about what we do (or do not) owe them. This paper argues that at best the concept of “personhood” is unhelpful to much of bioethics today and at worst it is harmful and pernicious. I suggest that we (bioethicists) stop using the concept of personhood and instead ask normative questions more directly (e.g., how ought we to treat this being and why?) and use other philosophical concepts (e.g., interests, sentience, recognition respect) to help us answer them. It is time for bioethics to end talk about personhood. (shrink)

The concept of personhood has been central to bioethics debates about abortion, the treatment of patients in a vegetative or minimally conscious states, as well as patients with advanced dementia. More recently, the concept has been employed to think about new questions related to human-brain organoids, artificial intelligence, uploaded minds, human-animal chimeras, and human embryos, to name a few. A common move has been to ask what these entities have in common with persons (in the normative sense), and then draw (...) conclusions about what we do (or do not) owe them. This paper argues that at best the concept of “personhood” is unhelpful to much of bioethics today and at worst it is harmful and pernicious. I suggest that we (bioethicists) stop using the concept of personhood and instead ask normative questions more directly (e.g., how ought we to treat this being and why?) and use other philosophical concepts (e.g., interests, sentience, recognition respect) to help us answer them. It is time for bioethics to end talk about personhood. (shrink)

On April 20, 1999, Eric Harris and Dylan Klebold shot and killed fifteen people at their high school in Columbine, Colorado. National media dubbed the event a “school shooting.” The term grimly expanded over the next several years to include similar events at army bases, movie theaters, churches, and nightclubs. Today, we commonly use the categories “mass shooter” and “mass shooting” to organize and classify information about gun violence. I will argue that neither category is an effective tool for reducing (...) gun violence and use empirical data to show how these categories perpetuate a moral panic that harms already vulnerable demographics. I conclude that we should instead favor a narrower description of individuals and events, (e.g., “X shot Y people at Z”) because we can talk about all of the relevant cases without contributing the undue harms. (shrink)

This essay assess the compatibility of Eva Kittay's dependency critique with Rawlsian political liberalism. I argue for the inclusion of a modified version of Kittay's revisions within Rawlsian theory in order to yield a theory that suppports a substantial subset of dependency work. Beyond these selected changes, however, I argue that Kittay's other proposed changes should not be included because they are incompatible with Rawls, and furthermore, their incorporation does not yield a theory that includes utter dependents.

What gender are you? And in virtue of what? These are questions of gender categorization. Such questions are increasingly at the core of many contemporary debat.

Is it time to ditch the concept of “person” from practical fields, like bioethics? Blumenthal-Barby (2024) answers in the affirmative. They urge leaving personhood out of practical debates at the f...

In an article in this issue of the Hastings Center Report, Aaron Wightman and his coauthors attempt to address health care providers’ moral distress about acceding to parents’ requests to provide life‐sustaining medical treatment to children who have profound cognitive disabilities. They propose combining John Arras's relational potential standard and care ethics, and they argue that the capacity for caring relationships can provide an independent moral justification for honoring such requests. This combination is, however, unstable. Wightman et al.'s language of (...) potential and capacity opens the possibility of substantial misinterpretation. They rely on epistemological and prognostic uncertainty to argue that reciprocity and participation may be present in the parent‐child relationship even when the child's engagement cannot be observed. The terminology suggests that these are characteristics that can be gained or lost rather than characteristics of being born within certain social practices. In contrast, Eva Feder Kittay illuminates family membership as an important social relation. Her articulation of the independent moral value of parenting stands on its own without being conjoined to Arras's position. (shrink)

Debates about the moral status of social robots (SRs) currently face a second-order, or metatheoretical impasse. On the one hand, moral individualists argue that the moral status of SRs depends on their possession of morally relevant properties. On the other hand, moral relationalists deny that we ought to attribute moral status on the basis of the properties that SRs instantiate, opting instead for other modes of reflection and critique. This paper develops and defends a pragmatic approach which aims to reconcile (...) these two positions. The core of this proposal is that moral individualism and moral relationalism are best understood as distinct deliberative strategies for attributing moral status to SRs, and that both are worth preserving insofar as they answer to different kinds of practical problems that we face as moral agents. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid (...) bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (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)

The idea that human beings have a distinct moral worth—a moral significance over and above any moral worth, such as that may be, possessed by other animals—has a long history and has traditionally been taken for granted by philosophers and theologians. However, in a variety of quarters in recent philosophy, this idea has come into disrepute, seeming to indicate a mere prejudice in favour of our own species. For example, Peter Singer has argued that such a position is mere speciesism, (...) a prejudice of a kind with racism and sexism in that it involves making moral distinctions between our own and other species that cannot be morally justified. What on such views is needed to justify any such distinction is a difference in terms of the morally relevant properties possessed by our own species as compared with other species. I will call this view the moral property view. Insofar as other species share with us morally relevant properties, for example the capacity to suffer cognitive ability and so on, it is mere prejudice not to accept moral requirements with respect to them as we do with respect to our own species. While on the surface such a view may seem morally enlightened, it indicates what will seem to many problematic moral judgments with respect to severely disabled human beings. In this paper, I will respond to these concerns by suggesting a different basis for the idea of human moral distinctiveness, one that draws on recent work by Wittgensteinian moral philosophers and which denies what I called above the property view. According to this view, while our shared life with other animals involves the recognition of their moral significance, our shared life with other human beings involves recognising that human beings as human beings have a distinctive moral value. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

Philosophers struggle to explain why human beings with deep cognitive impairments have a higher moral status than certain non-human animals. Modal personism promises to solve this problem. It claims that humans who lack the capacities of “personhood” and the potential to develop them nonetheless could have been persons. I argue that modal personism has poor prospects because it's hard to see how we could offer a plausible account of modal personhood. I search for an adequate understanding of modal personhood by (...) considering existing accounts and sketching new ones. But each account fails, either because it objectionably excludes some deeply cognitively impaired humans from the class of modal persons or because it makes modal personhood doubtfully relevant to moral status. And the modal personist cannot solve this problem by appealing to the misfortune suffered by modal persons. (shrink)

Ethical extensionism is a common argument pattern in environmental and animal ethics, which takes a morally valuable trait already recognized in us and argues that we should recognize that value in other entities such as nonhuman animals. I exposit ethical extensionism’s core argument, argue for its validity and soundness, and trace its history to 18th century progressivist calls to expand the moral community and legal franchise. However, ethical extensionism has its critics. The bulk of the paper responds to recent criticisms, (...) including (1) environmental ethicists’ objection against its austere conception of moral value (2), feminist ethicists’ claim that extensionism fails to account for the moral significance of difference, (3) disability theorists’ concern that ethical extensionist arguments are offensive, and (4) animal rights theorists’ lament that extensionism is a practical failure. While something is to be gained from each criticism, I argue that they ultimately fail and that extensionism remains compelling. (shrink)

The article introduces readers to the study of disability, both with respect to the interdisciplinary field of disability studies and the field of philosophy of disability. We then offer an overview of three central areas of philosophical inquiry where feminist work in philosophy and disability has made significant contributions: (1) metaphysics and ontology, (2) epistemology and phenomenology, and (3) ethical, social, and political philosophy.

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

An important strand in the debate on abortion focuses on the moral status of fetuses. Knowledge of the moral value of fetuses is needed to assess fetuses’ moral status. As Errol Lord argues, acquaintance plays a key role in moral and aesthetic knowledge. Many pregnant persons have acquaintance with their fetus that provides privileged access to knowledge about that fetus’ moral value. This knowledge is (a) very difficult to acquire without being pregnant and (b) relevant for assessing the moral status (...) of fetuses. This has implications for public debate on abortion and the research methods of philosophers working on abortion. (shrink)

Caregivers should usually accede to parents’ requests for life-sustaining treatment. For such decision-making, the best interests standard is too limited. John Arras’s “relational potential standard,” con-joined to a contemporary care ethics framework, provides a better guide.

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)

There is a view that what we owe to other people is explained by the fact that they are human beings who share in a common human life. There are many ways of construing this explanatory idea, and I explore a few of these here; the aim is to look for constructions that contribute to an understanding of what we owe to people with profound and multiple learning difficulties and disabilities. In exploring the idea of sharing in a common life (...) I construe ‘sharing’ as ‘participating in’, and ‘common life’ as the social life characteristic of the environment that someone lives in. My principal purpose is to render the idea of sharing in a common life in terms that help explain its eligibility as a ground for establishing the moral status of people with PMLD. The participatory options I examine each make some call on agency, if only as something hoped for in the future, including when hope flies in the face of expectation. Accordingly I look at conceptions of actual and potential participation in social life, and at the idea of treating people as if they have the potential to participate, even when the existence of any such potential is unlikely. I conclude with some thoughts on the relation between participation and the moral status of profoundly disabled people, and about how much, and how little, the argument has achieved. (shrink)

According to one prominent form of moral individualism, how an individual is to be treated is determined, not by considering her group membership, but by considering her own particular characteristics. On this view, so this paper argues, it is not possible to provide an account of why people with profound cognitive disabilities are owed respect. This conclusion is not new, but it has been challenged by writers who are sympathetic to the recommended emphasis. The paper aims to show that the (...) conclusion cannot be avoided, and to look at what is to be learned from an approach that leads us to this point. It suggests that any account of why profoundly disabled people are owed respect will have to supplement discussion of their particular capacities with a normative account of their humanity. (shrink)

Metaphilosophy, Volume 53, Issue 1, Page 25-37, January 2022.

This article engages with debates concerning the moral worth of human beings with profound intellectual and multiple disabilities (PIMDs). Some argue that those with such disabilities are morally less valuable than so-called normal human beings, whereas others argue that all human beings have equal moral value and so each group of humans ought to be treated with equal concern. We will argue in favor of a reconciliatory view that takes points from opposing camps in the debates about the moral worth (...) of humans with PIMDs. The view in question, roughly, is this: most humans with PIMDs are persons in the morally significant sense and so deserve equal moral consideration to so-called normal human beings. Some humans with PIMD may not, however, be persons, but nevertheless deserve equal moral consideration to persons because they stand in a special relation to persons. (shrink)

Abstract‘Social inclusion’ is the leading ideal in services and care for people with intellectual disabilities in most countries in the Global North. ‘Social inclusion’ can refer simply to full equal rights, but more often it is taken to mean something like ‘community participation’. This narrow version of social inclusion has become so ingrained that it virtually goes unchallenged. The presumption appears to be that there is a clear moral consensus that this narrow understanding of social inclusion is good. However, that (...) moral consensus is not clear in the case of people with profound intellectual and/or multiple disabilities (PIMD), who are not able to express their needs and preferences verbally. Moreover, social inclusion has proven to be difficult to conceptualize and implement for people with PIMD. Therefore, it becomes imperative to ask about the ethical rationale of the narrow understanding of social inclusion. For what reasons do we think social inclusion is good? And do those reasons also apply for people with PIMD? This article addresses these questions by providing an ethical analysis of the ideal of social inclusion for people with PIMD. It discusses four ethical arguments for social inclusion and probes their relevance for people with PIMD. The article argues that none of these arguments fully convince of the value of the narrow understanding of social inclusion for people with PIMD. It ends with advocating for an ethical space for imagining a good life for people with PIMD otherwise. (shrink)

In this commentary, we take up Jennifer Blumenthal-Barby’s (2024) important argument to depart from claims about personhood in bioethics. First, we want to extend Blumenthal-Barby’s critique of the...

I defend the bold claim that self-described speciesists are not really speciesists. Of course, I do not deny that self-described speciesists would assent to generic speciesist claims (e.g. Humans matter more than animals). The conclusion I draw is more nuanced. My claim is that such generic speciesist beliefs are inconsistent with other, more deeply held, beliefs of self-described speciesists. Crucially, once these inconsistencies are made apparent, speciesists will reject the generic speciesist beliefs because they are absurd by the speciesists’ own (...) lights. (shrink)

This paper addresses Peter Singer's claim that cognitive ability can function as a universal criterion for measuring moral worth. I argue that Singer fails to adequately represent cognitive capacity as the object of moral knowledge at stake in his theory. He thus fails to put forth credible knowledge claims, which undermines both the trustworthiness of his moral theories and the morality of the actions called for by these theories. I situate Singer's methods within feminist critiques of moral reasoning and moral (...) epistemology, and argue that Singer's methods are problematic for moral reasoning because they abstract from their object valuable contextual features. I further develop this claim by showing the importance of embodiment for the construal of objects of moral knowledge. Finally, I develop the moral and scholarly implications of this critique. By showing that the abstract, universal methods of reasoning Singer employs cannot credibly construe the objects of ethical inquiry, I call into question the validity of these methods as a means to moral knowledge in general. Furthermore, since moral reasoning takes place within an embodied moral landscape, it is itself a moral enterprise. Singer's moral reasoning, and ours, must be held accountable for its knowledge claims as well as its concrete effects in the world. (shrink)

In this paper I aim to show why pediatric suffering must be understood as a judgment or evaluation, rather than a mental state. To accomplish this task, first I analyze the various ways that the label of suffering is used in pediatric practice. Out of this analysis emerge what I call the twin poles of pediatric suffering. At one pole sits the belief that infants and children with severe cognitive impairment cannot suffer because they are nonverbal or lack subjective life (...) experience. At the other pole exists the idea that once child suffering reaches some threshold it is ethical to eliminate the sufferer. Concerningly, at both poles, any particular child vanishes from view. Second, in an attempt to identify a theory of suffering inclusive of children, I examine two prominent so-called experiential accounts of suffering. I find them both wanting on account of their absurd entailments and their flawed assumptions regarding the subjective experiences of people who cannot communicate expressively. Finally, I extend arguments found in Alastair MacIntyre’s Dependent Rational Animals to argue that child suffering can be understood only as a set of absences—absences of conditions such as love, warmth, and freedom from pain. An evaluation of these absences reveals the exquisite dependency of children. It also discloses why pediatric suffering is necessarily a social and political event. Unlike adults, children will never be either the authors or the mitigators of their own suffering. Rather, children must rely wholly on others in order to resist suffering, grow, and flourish. (shrink)

Many theories of moral status that are intended to ground pro-choice views on abortion tie full moral status to advanced cognitive capabilities. Extant accounts of this kind are inconsistent with the intuition that the profoundly cognitively disabled have full moral status. This paper improves upon these extant accounts by combining an anti-luck condition with Steinbock’s stratification of moral status into two levels. On the resulting view, a being has full moral status if and only if she has moral status and (...) has had advanced cognitive capacities, has the potential to develop such capacities, or would have had such capacities were it not for luck. I argue that modal accounts of luck provide a non-speciesist basis for attributing the lack of advanced cognitive capacities in humans to luck without doing the same for non-human animals. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Health care insurance schemes, whether private or public, are notoriously unaccommodating to individuals with disabilities. While most nonelderly nondisabled persons in the U.S. are insured through private sources, coverage sources for nonelderly persons with disabilities have traditionally been a mix of private and public coverage. For all age groups, the employment-to-population ratio is much lower for persons with a disability than for those with no disability. Moreover, employed persons with a disability were more likely to be self-employed than those with (...) no disability. As a group, therefore, nonelderly people with disabilities have not been as well positioned as others to obtain private health care insurance because in the U.S., acquiring such coverage usually is employer based. (shrink)

Most legal analyses of selective nontreatment of seriously ill children centre on the question of whether it is in a child’s best interests to be kept alive in the face of extreme suffering and/or an intolerable quality of life. Courts have resisted any direct confrontation with the question of whether the child’s death is in his or her best interests. Nevertheless, representations of death may have an important role to play in this field of jurisprudence. The prevailing philosophy is to (...) configure death as a release from a futile or painful existence and/or as a dignified end in an objectively hopeless situation. However, there can be disagreement about the meaning of death in these settings. Some parents object that death would be premature or that it represents a culpable neglect of their child. A closer examination of these discordant interpretations allows for a better comprehension of the cultural understandings that underscore clinical and legal accounts of death following end-of-life decisions. (shrink)