In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

The fact that humans have a special relationship to each other insofar as they belong in the same species is often taken to be a morally relevant difference between humans and other animals, one which justifies a greater moral status for all humans, regardless of their individual capacities. I give some reasons why this kind of relationship is not an appropriate ground for differential treatment of humans and nonhumans. I then argue that even if relationships do matter morally species membership (...) cannot justify a difference in moral status. This has important implications because it removes one barrier to giving animals greater moral status. (shrink)

: Animal ethics has presented convincing arguments for the individual value of animals. Animals are not only valuable instrumentally or indirectly, but in themselves. Less has been written about interest conflicts between humans and other animals, and the use of animals in practice. The motive of this paper is to analyze different approaches to interest conflicts. It concentrates on six models, which are the rights model, the interest model, the mental complexity model, the special relations model, the multi-criteria model, and (...) the contextual model. Of these, the contextual model is the strongest, and carries clear consequences for the practical use of animals. (shrink)

Much of the debate over the definition and criteria for determining our death has focused on disagreement over the correct biological account of death, i.e., what it means for any organism to die. In this paper, we argue that this exclusive focus on the biology of death is misguided, because it ignores ethical and social factors that bear on the acceptability of criteria for determining our death. We propose that attention shift from strictly biological considerations to ethical and social considerations (...) that bear on the determination of what we call “civil death.” We argue for acceptance of a neurological criterion for determining death on grounds that it is the most reasonable way to synthesize biological, ethical, and social considerations about our death.. (shrink)

While growing empirical evidence suggests a continuity between human and non-human psychology, many philosophers still think that only humans can act and form beliefs rationally. In this paper, we challenge this claim. We first clarify the notion of rationality. We then focus on the rationality of beliefs and argue that, in the relevant sense, humans are not the only rational animals. We do so by first distinguishing between unreflective and reflective responsiveness to epistemic reasons in belief formation and revision. We (...) argue that unreflective responsiveness is clearly within the reach of many animals. We then defend that a key demonstration of reflective responsiveness would be the ability to respond to undermining defeaters. We end by presenting some empirical evidence that suggests that some animal species are capable of processing these defeaters, which would entail that even by the strictest standards, humans are not the only rational animals. (shrink)

The argument from relevance expresses an intuition that, although shared by many applied ethicists, has not been analyzed and systematized in the form of a clear argument thus far. This paper does this by introducing the concept of value relevance, which has been used before in economy but not in the philosophical literature. The paper explains how value relevance is different from moral relevance, and distinguishes between direct and indirect ways in which the latter can depend on the former. These (...) clarifications allow the argument to explain in detail how we can make two claims. The first one is that being a recipient of value should be the only criterion for full moral considerability. This follows if we accept that value relevance should determine, directly or indirectly, moral relevance. The second claim is that, given what the main theories of wellbeing imply regarding what entities can be recipients of value, sentience is both a sufficient and a necessary criterion for full moral considerability. The paper argues that this conclusion stands even if we hold views that consider other values different from sentience. (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)

Animal ethics has presented challenging questions regarding the human-animalrelationship. According to some philosophers, non-human animals have value inthemselves. This claim is most commonly based on sentience or consciousness inthe phenomenal sense: since it is like something to be an animal, animals cannotbe treated as mere biological matter. However, the claim has been met with criticism.This paper analyses three of the most common arguments against what ishere called the “individual value” of non-human animals. These arguments are thecapacity argument, the humanistic argument, (...) and the special relations argument.It is maintained that they all face severe problems, which leave the door open forthe possibility that non-human animals may, indeed, have individual value. (shrink)

Rationality (or something similar) is usually given as the relevant difference between all humans and animals; the reason humans do but animals do not deserve moral consideration. But according to the Argument from Marginal Cases not all humans are rational, yet if such (marginal) humans are morally considerable despite lacking rationality it would be arbitrary to deny animals with similar capacities a similar level of moral consideration. The slippery slope objection has it that although marginal humans are not strictly speaking (...) morally considerable, we should give them moral consideration because if we do not we will slide down a slippery slope where we end up by not giving normal humans due consideration. I argue that this objection fails to show that marginal humans have the kind of direct moral status proponents of the slippery slope argument have in mind. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

A philosophical investigation of new year's celebrations.