Philosophical Papers, Volume 41, Issue 1, Page 129-147, March 2012.

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...) pale of civilized dialogue. However, a very simple line of argument developed by Peter Singer challenges our understanding of these platitudes and forces us to rethink the basis and nature of the moral equality of all humans. What I call the “Singer Problem” arises if one accepts that the morally significant cognitive capacities that are relevant to the determination of the fundamental moral status of a being vary from individual to individual by degree. The problem is to specify a moral principle determining fundamental moral status that assigns a superior status to humans compared to other animals on the basis of the superior cognitive capacities of humans but also assigns all human persons an equal fundamental moral status regardless of their differing cognitive capacities. More broadly posed, the problem is to specify moral principles that yield intuitively satisfactory implications for the treatment of human individuals and other individual animals given that cognitive capacities differ across species and individuals. A search for a resolution of the Singer problem leads to disappointing results. (shrink)

In this chapter we discuss some of the central ethical issues specific to eating and harvesting fish. We survey recent research on fish intelligence and cognition and discuss possible considerations that are distinctive to questions about the ethics of eating fish as opposed to terrestrial and avian mammals. We conclude that those features that are distinctive to the harvesting and consumption of fish, including means of capture and the central role that fishing plays in many communities, do not suggest that (...) eating fish is less morally problematic than eating terrestrial of avian animals. (shrink)

In the last two decades, there has been a blossoming literature aiming to counter the neglect of plant capacities. In their recent paper, Miguel Segundo-Ortin and Paco Calvo begin by providing an overview of the literature to then question the mistaken assumptions that led to plants being immediately rejected as candidates for sentience. However, it appears that many responses to their arguments are based on the implicit conviction that because animals have far more sophisticated cognition and agency than plants, and (...) that plants should not have the same moral status as animals, plants should not have any moral status. Put in simpler terms: it is not as bad to eat plants than to eat, say, pigs. While there are still uncertainties around comparative moral and policy implications between animals and plants, given a gradualist account of quasi-sentience and partial moral status, both of which we claim are a matter of degree, we may not have to abolish our convictions by declaring that plants have no sentience or moral status at all. Indeed, we can hold two things at the same time: that animals and plants have moral status, but animals have prima facie more moral status than plants. (shrink)

One prominent welfarist axiology, critical-level utilitarianism, says that individual lives must surpass a specified ‘critical level’ in order to make a positive contribution to the comparative status of a given population. In this article I develop a new dilemma for critical-level utilitarians. When comparatively evaluating populations composed of different species, critical-level utilitarians must decide whether the critical level is a universal threshold or whether the critical level is a species-relative threshold. I argue that both thresholds lead to a range of (...) axiological puzzles and objections as yet undiscussed within the literature, and therefore conclude that critical-level utilitarianism should not be taken as a morally plausible welfarist axiology. I show that certain competitive formulations of critical range utilitarianism are subject to the argument too, and that further attempts to relativise critical levels to a particular group or category of welfare bearer are unsustainable. (shrink)

In his paper “Eating Animals the Nice Way” McMahan : 66–76, 2008) explores whether there are ways of routinely using non-human animals for human consumption that are morally acceptable. He dismisses a practice of benign animal husbandry, in which animals are killed prematurely and believes that a practice in which animals were engineered to drop down dead instantaneously at the same age would be equally wrong, even though it would not involve killing. Yet, McMahan considers his intuition that both practices (...) are equally wrong with regard to our duties towards the involved animals hard to justify. This paper explains in more detail why this commonsensical intuition is indeed hard to justify and explores what it would take to justify it. It takes nothing less than a yet-to-be-specified plausible theory in population ethics and an account of welfare that deals in a plausible way with non-identity cases involving species- or breed-related differences in life expectancy. (shrink)

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)

This paper addresses the issue of the moral status of non-human animals, or the question whether sentient animals are morally considerable. The arguments for and against the moral status of animals are discussed, above all the argument from marginal cases. It is argued that sentient animals have moral status based on their having interests in their experiential well-being, but that there are degrees of moral status. Two interest-based approaches are presented and discussed: DeGrazia’s view that sentient animals have interests in (...) continuing to live, and that their interests should be granted moral weight; and McMahan’s TRIA which similarly postulates that animals have interests and that in a given situation we should compare the human and animal interests at stake. Finally, the paper concludes that the anthropocentric approach to animal ethics should be abandoned in favour of the biocentric ethics. (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)

This article asks whether justice is binary, whether matters are either-or with respect to it. This question has been inexplicably neglected, and the elementary conceptual work has not been done. We consider this question through exploring the implications of free-will-related justice. We see that there are actually two questions of very different scope here, and that two distinct notions of binarity need to be distinguished. In the process, the plausibility of considering justice as a binary notion is evaluated.

Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail to identify harm accurately and reliably. In this paper, (...) I develop these problems, argue that we should reconsider our commitment to the standard models, and then merely gesture at the direction in which we might locate a superior approach, one that better accounts for the moral significance of harm and its relation to autonomy rights. (shrink)

Argues for a form of humanism on which we have reason to care about human beings that we do not have to care about other animals and human beings have rights against us other animals lack. Humanism respects the equal worth of those born with severe congenital cognitive disabilities. I address the charge of 'speciesism' and explain how being human is an ethically relevant fact.

I will take a famous paragraph from J S. Mill as a starting point for defending the idea that moral philosophy has to take charge definitively of those who have been less fortunate in the natural lottery. This means that we must to take seriously the possibility of increasing the capacity for the well-being of nonhuman animals. The aim of the text is to show the relevance of the current ethical debate on enhancement also in the context of reflection on (...) our obligations towards sensitive non-human animals. (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)

Nonhuman animals are unable to exert any direct control over the functioning of democratic institutions –the decisions of which, nevertheless, have a pervasive impact on their lives. Their interests are therefore likelier to be set back or unfairly discounted, and their choices are more vulnerable to arbitrary interference. Because of this, some authors have suggested that we ought to redesign our political institutions so that they are more responsive to the interests of animals. We argue that this strategy fails to (...) address the root of the problem, which is animals’ lack of robust political agency. We defend that, should it become technologically feasible, we have a pro tanto obligation, derived from the values that underpin democracy, to uplift, or radically enhance, the political agency of nonhuman animals, so that they can better participate in mass democratic politics, express their interests as they see them, self-organise to defend them, and hold their representatives accountable. Finally, we explain how our argument manages to resist the most important objections against animal enhancement and, in some cases, it does so better than alternative proposals based on the value of animal well-being. (shrink)

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

I characterize the main approaches to the moral consideration of children developed in the light of the argument from 'marginal' cases, and develop a more adequate strategy that provides guidance about the moral responsibilities adults have towards children. The first approach discounts the significance of children's potential and makes obligations to all children indirect, dependent upon interests others may have in children being treated well. The next approaches agree that the potential of children is morally considerable, but disagree as to (...) whether and why children with intellectual disabilities are morally considerable. These approaches explore the moral significance of intellectual capacities, species membership, the capacity for welfare, and the interests of others. I argue that relationships characterized by reciprocity of care are morally valuable, that both the potential to be in such relationships and the actuality of being in them are morally valuable, and that many children with significant intellectual disabilities have this potential. (shrink)

Referred to as “a foundational concept” of bioethics, personhood has long figured prominently in discussions of entities’ moral status and attendant rights and duties (Farah and Heberlein 2007, 39)...

According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their own best (...) interest. The question how we should understand the rationale for eliciting consent in this range of ‘non-ideal’ cases is comparatively ill understood. In this paper, I explore the prospects of accounting for consent requirements in such ‘non-ideal’ cases by appealing to a set of agency-based interests; including an interest in playing a meaningful part in joint decisions affecting ourselves and others. (shrink)

According to the procreation asymmetry, we have strong pro tanto reason to do what prevents someone from coming into a miserable existence—an existence so bad that it would be rational to prefer having never been born—solely because it prevents them from coming into a miserable existence, but we do not have strong pro tanto reason to do what allows someone to come into a happy existence solely because it allows them to come into a happy existence. At best, the fact (...) that an act would create a happy person merely offsets the reasons we have to avoid that act—i.e., an act that would be impermissible because it brings a miserable person into existence could be rendered permissible if it also brought into existence enough happy people. In this paper, I first argue that there is an intuitive asymmetry in the offsetting weight of happy humans and the offsetting weight of happy animals: the offsetting weight of happy animal lives vis-à-vis miserable animal lives appears to be greater than the offsetting weight of happy human lives vis-à-vis miserable human lives. This is the Procreation Asymmetry Asymmetry. I then argue that there is no Procreation Asymmetry Asymmetry. The best explanation of why happy human lives have only weak offsetting weight implies that happy animal lives also have only weak offsetting weight. (shrink)

Having encountered landmines in offering a critique of philosophy based on my experience as the mother of a cognitively disabled daughter, I ask, “Should I continue?” I defend the idea that pursuing this project is of a piece with the invisible care labor that is done by people with disabilities and their families. The value of attempting to influence philosophical conceptions of cognitive disability by virtue of this experience is justified by an inextricable relationship between the personal, the political, and (...) the philosophical. If one grants that the “special relationship” between mother and child requires moral recognition, then I need first to make vivid the case that this relationship in the case of a child who lacks some “normal capacities” is indistinguishable from any mother‐child relationship. If this is so, then I believe I can make a case that has as its conclusion that the moral personhood of even the severely cognitively disabled must be granted. Moreover, such recognition, I argue, necessitates the recognition of others who bear no special relationships to the child. (shrink)

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the view that only intrinsic (...) psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (shrink)

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the view that only intrinsic (...) psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (shrink)

I argue that capabilities approaches are useful in formulating a political theory that takes seriously the needs of persons with severe cognitive disabilities (PSCD). I establish three adequacy criteria for theories of justice that take seriously the needs of PSCD: A) understanding PSCD as oppressed, B) positing a single standard of what is owed to PSCD abled individuals, and C) concern with flourishing as well as political liberty. I claim that conceiving valued capabilities as the end of social distribution may (...) help a political theory to meet these criteria.I posit three further adequacy criteria: D) refusing to see PSCD as less than human, E) valuing moral powers other than practical reason, and F) securing space for care and dependency relationships. I show that how well Elizabeth Anderson and Martha Nussbaum’s capabilities approaches meet these criteria depends on their divergent conceptions of what capabilities are for. I sketch another capabilities approach that might better meet the three latter criteria (inspired by Lawrence Becker and Eva Kittay’s work), that conceives capabilities as for agency and relationship. (shrink)

Disability has been a topic of heightened philosophical interest in the last 30 years. Disability theory has enriched a broad range of sub-specializations in philosophy. The call for papers for this issue welcomed papers addressing questions on normalcy, medical ethics, public health, philosophy of education, aesthetics, philosophy of sport, philosophy of religion, and theories of knowledge. This issue of Essays in Philosophy includes nine essays that approach the philosophy of disability in three distinct ways: The first set of three essays (...) provide a careful analysis of John Rawls, and the application of his work in ethics and justice to societies in which persons with disabilities, especially cognitive disabilities, can take active part in the processes of civil society. The second set of three essays branch out into continental philosophy, and are especially engaged with issues of community membership, communication, translation, and hermeneutics. The third set of three essays address disability specifically through the arts and aesthetics; asking questions on the portrayal of disabled persons in the arts and its implications for normalcy, sexuality, beauty, and the sublime. (shrink)

The use of the concept of moral status is commonplace today in debates about the moral consideration of entities lacking certain special capacities, such as nonhuman animals. This concept has been typically used to defend the view that adult human beings have a status higher than all those entities. However, even those who disagree with this claim have often accepted the idea of moral status as if it were part of an undisputed received way of thinking in ethics. This paper (...) argues that the use of this concept, however common, distorts our understanding of how to behave towards different individuals in different circumstances. When moral status is identified with the interest in living or the capacity for well-being, it becomes an arbitrary and irrelevant criterion. When it is used as a synonym of moral consideration or considerability, in a way that is compatible with the principle of equal consideration, it becomes trivial and confusing. When used, instead, to defend the unequal moral consideration of interests of equal weight, it has several implausible implications. In particular, the claim that unequal status is justified because of the value of cognitive capacities implausibly entails that our exercising those capacities should have priority over the promotion of our wellbeing. The idea of full moral status is also problematic as it implies the possibility of status monsters. In addition, its use is based in a misconceived way of what it would really entail to have a full status by virtue of having rational capacities. The paper concludes that we have strong reasons to abandon the concept of moral status altogether. (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)

The debate over the grounds of full moral status relies heavily on the “method of cases.” In the method of cases intuitions about particular cases are taken as evidence for philosophical theories. Much in the debate over the grounds of full moral status turns on our intuitions regarding the moral status of individuals with intellectual disability. This paper argues that the intuitions of those in close personal relationships with individuals with intellectual disability are more reliable than the intuitions of those (...) who lack such a relationship. When theorizing about full moral status, we should privilege the intuitions of those who have a close personal relationship with an individual with intellectual disability. (shrink)

The concept of dignity is widely debated as to its efficacy as a ground upon which to base respect particularly in relation to human rights. Traditional concepts of inherent dignity associate dignity with the possession of rationality and autonomy, which consequently excludes non-rational humans from being viewed as possessing inherent dignity and therefore equal and inherent worth. This paper offers a theory of inherent dignity based on an account of a common humanity within which all humans might be seen as (...) possessing inherent worth and, therefore, deserving of being recognized and respected equally as ends in themselves. The theory is based on the communal practice and expectation of moral accountability, a practice that can be viewed as taking place universally both between and within human communities. (shrink)

The quality of a life is typically understood as a function of the actual goods and bads in it, that is, its actual value. Likewise, the value of a population is typically taken to be a function of the actual value of the lives in it. We introduce an alternative understanding of life quality: adjusted value. A life’s adjusted value is a function of its actual value and its ideal value (the best value it could have had). The concept of (...) adjusted value is useful for at least three reasons. First, it fits our judgments about how well lives are going. Second, it allows us to avoid what we call False Equivalence, an error related to the non-identity problem. Third, when we use adjusted value as an input for calculating the value of a population, we can avoid two puzzles that Derek Parfit calls the “Repugnant Conclusion” and the “Mere Addition Paradox.”. (shrink)

A persistent paradox apparently infects disability civil rights claims. On the one hand, these rights claims are often understood to apply only to those who are sufficiently impaired in body or in mind to qualify for them because of the disadvantage they endure. On the other hand, asserting significant impairments threatens to undermine the plausibility of these claims as civil rights rather than as welfare for those who are dependent and in need of extra help. Behind this paradox lies a (...) type of categorical understanding of disability civil rights: that disability civil rights are only for those who fall into a category of disability and that this category should be defined in a particular way, in terms of disadvantaging disablement. In this article, I dispel this paradox by deploying a critical analysis of Elizabeth Barnes’s account of physical disability in her recent book, The Minority Body. In her book, Barnes makes the important critical point that disability is not “bad” difference. Instead, she argues that physical disability is a physical condition that the disability rights community is working to promote justice for. I argue that this account fails as a project of ameliorative social metaphysics because it fails to understand the role of impairment in the construction of disability antidiscrimination law. I also argue that her account risks privileging physical disability and is thus problematic as a starting place for examining disability justice. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (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.

Several authors have speculated that (1) the pharmaceutical, genetic or other technological enhancement of human mental capacities could result in the creation of beings with greater moral status than persons, and (2) the creation of such beings would harm ordinary, unenhanced humans, perhaps by reducing their immunity to permissible harm. These claims have been taken to ground moral objections to the unrestrained pursuit of human enhancement. In recent work, Allen Buchanan responds to these objections by questioning both (1) and (2). (...) I argue that Buchanan’s response fails. However, I then outline an alternative response. This response starts from the thought that, though moral status-increasing human enhancements might render ordinary, unenhanced humans less immune to permissible harm, they need not worsen the overall distribution of this immunity across beings. In the course of the argument I explore the relation between mental capacity and moral status and between moral status and immunity to permissible harm. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

Advances in technology have made it possible for us to take actions that affect the numbers and identities of humans and other animals that will live in the future. Effective and inexpensive birth control, child allowances, genetic screening, safe abortion, in vitro fertilization, the education of young women, sterilization programs, environmental degradation and war all have these effects. Although it is true that a good deal of effort has been devoted to the practical side of population policy, moral theory has (...) not dealt adequately with the new possibilities. The dilemma faced by moral theory is that traditional theories cannot answer moral questions involving the creation of people. Two related problems arise. The first concerns numbers: how many people should there be? The second asks what sort of people should live and what their levels of well-being should be. Conventional social-contract theories, including the work of Rawls (1971), are restricted to situations with a fixed number of individuals. Sumner (1978) attempts to extend a Rawlsian veil-of-ignorance approach to possible people but is aware of the difficulties involved. The main problem is that possible people must be thought to benefit when they move from non-existence to existence, a view that we reject (see Section 1, Heyd, 1992, Chapter 1; McMahan, 1996a; Parfit, 1984, Appendix G). Rights-based and duty-based theories suffer from a similar problem; there must be a person who has the right or a person to whom the duty is owed (see McMahan, 1981). (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 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 paper examines five groups of women that were instrumental in the emergence of the category of “feeblemindedness” in the United States. It analyzes the dynamics of oppression and power relations in the following five groups of women: “feebleminded” women, institutional caregivers, mothers, researchers, and reformists. Ultimately, I argue that a feminist analysis of the history of mental retardation is necessary to serve as a guide for future feminist work on cognitive disability.

This paper examines five groups of women that were instrumental in the emergence of the category of "feeblemindedness" in the United States. It analyzes the dynamics of oppression and power relations in the following five groups of women: "feeble-minded" women, institutional caregivers, mothers, researchers, and reformists. Ultimately, I argue that a feminist analysis of the history of mental retardation is necessary to serve as a guide for future feminist work on cognitive disability.

The so-called Disability Paradox arises from the apparent tension between the popular view that disability leads to low well-being and the relatively high life-satisfaction reports of disabled people. Our aim in this essay is to make some progress toward dissolving this alleged paradox by exploring the relationship between disability and various “goods of life”—that is, components of a life that typically make a person’s life go better for her. We focus on four widely recognized goods of life (happiness, rewarding relationships, (...) knowledge, achievement) and four common types of disability (sensory, mobility, intellectual, and social) and systematically examine the extent to which the four disability types are in principle compatible with obtaining the four goods of life. Our findings suggest that that there is a high degree of compatibility. This undermines the widespread view that disabilities, by their very nature, substantially limit a person’s ability to access the goods of life, and it provides some guidance on how to dissolve the Disability Paradox. (shrink)

Does the moral badness of pain depend on who feels it? A common, but generally only implicitly stated view, is that it does not. This view, ‘unitarianism’, maintains that the same interests of different beings should count equally in our moral calculus. Shelly Kagan’s project in How to Count Animals, more or less is to reject this common view, and develop an alternative to it: a hierarchical view of moral status, on which the badness of pain does depend on who (...) feels it. In this review essay, we critically examine Kagan’s argument for status hierarchy. In particular, we reject two of the central premises in his argument: that moral standing is ultimately grounded in agency and that unitarianism is overdemanding. We conclude that moral status may, despite Kagan’s compelling argument to the contrary, not be hierarchical. (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)

Robust technological enhancement of core cognitive capacities is now a realistic possibility. From the perspective of neutralism, the view that justifications for public policy should be neutral between reasonable conceptions of the good, only members of a subset of the ethical concerns serve as legitimate justifications for public policy regarding robust technological enhancement. This paper provides a framework for the legitimate use of ethical concerns in justifying public policy decisions regarding these enhancement technologies by evaluating the ethical concerns that arise (...) in the context of testing such technologies on nonhuman animals. Traditional issues in bioethics, as well as novel concerns such as the possibility of moral status enhancement, are evaluated from the perspective of neutralism. (shrink)

This paper offers a unified explanation for the procreation asymmetry and the non-identity thesis – two of the most intractable puzzles in population ethics. According to the procreation asymmetry, there are moral reasons not to create lives that are not worth living but no moral reasons to create lives that are worth living. I explain the procreation asymmetry by arguing that there are moral reasons to prevent the bad, but no moral reasons to promote the good. Various explanations for the (...) procreation asymmetry have failed to explain the non-identity thesis: if one could create a person with a good life or a different person with a better life, one has a moral reason to create the better life. I argue that reflections on the misfortune of unfulfilled potential allow us to circumvent the non-identity problem. (shrink)