Some form of potential or "capacity" is often seen as evidence of human moral status. Opinions differ as to whether the potential of the embryo should be regarded as such evidence. In this paper, I discuss some common arguments against regarding the embryo's potential as a sign of human status, together with some less common arguments in favour of regarding the embryo's potential in this way.

Lockean accounts of personhood propose that an individual is a person just in case that individual is characterized by some advanced cognitive capacity. On these accounts, human beings with severe cognitive impairment are not persons. Some accept this result—I do not. In this paper, I therefore advance and defend an account of personhood that secures personhood for human beings who are cognitively impaired. On the account for which I argue, an individual is a person just in case that individual belongs (...) to a natural kind that is normally characterized by advanced cognitive capacities. Since “human being” is just such a natural kind, individual human beings can be persons even when they do not themselves have advanced cognitive capacities. I argue, furthermore, that we have good reason to accept this account of personhood over rival accounts since it is uniquely able to accommodate the intuitive concept of an impaired person. (shrink)

Patients in a minimally conscious state (MCS) fall into a different diagnostic category than patients in the more familiar vegetative states (VS). Not only are MCS patients conscious in some sense, they have a higher chance for recovery than VS patients. Because of these differences, we ostensibly have reason to provide MCS patients with care that goes beyond what we provide to patients with some VS patients. But how to justify this differential treatment? I argue we can’t justify it solely (...) by looking to MCS patients’ actual levels of consciousness. We must look also to the ways in which these patients are potentially conscious. Specifically, I argue that certain sensible and well-regarded policy recommendations cannot be justified by looking solely to patients’ actual levels of consciousness, but that they can be justified by looking to patients’ potential for consciousness. Insofar then as we have prima facie reason to follow the recommendations, we also have prima facie reason to view the potential for consciousness as morally salient. If that is true, however, several important implications follow: first, if the potential for consciousness is morally salient, this translates into actual and pressing obligations to patients with disorders of consciousness generally. Second, if the potential for consciousness is morally salient, this has implications that go beyond our obligations to patients with disorders of consciousness. Indeed, if the potential for consciousness is morally salient, this adds an important layer of complexity to the normative landscape, a layer we may not have sufficiently noticed before. (shrink)

Don Marquis’s “future-like-ours” argument against the moral permissibility of abortion is widely considered the strongest anti-abortion argument in the philosophical literature. In this paper, I address the issue of whether the argument relies upon controversial metaphysical premises. It is widely thought that future-like-ours argument indeed relies upon controversial metaphysics, in that it must reject the psychological theory of personal identity. I argue that that thought is mistaken—the future-like-ours argument does not depend upon the rejection of such a theory. I suggest, (...) however, that given a widely-accepted view about contraception and abstinence, the argument is committed to contentious metaphysics after all, as it relies upon a highly controversial assumption about mereology. This commitment is not only relevant for those who are inclined to endorse the argument but reject the mereological view in question, but in addition entails dialectical and epistemological liabilities for the argument, which on some views will be fatal to the argument’s overall success. (shrink)

Confronted with an article defending conclusions that many people judge problematic, philosophers are interested, first of all, in clarifying exactly what arguments are being offered for the views in question, and then, second, in carefully and dispassionately examining those arguments, to determine whether or not they are sound. As a philosopher, then, that is how I would naturally approach the article ‘After-birth abortion: why should the baby live?’, by Alberto Giubilini and Francesca Minerva. Very few philosophical publications, however, have evoked (...) either more widespread attention, or emotionally more heated reactions, than this article has. Because of that, I am going to proceed, initially, in a different fashion, and rather than focusing upon the specific arguments that Giubilini and Minerva offer for their conclusions, I am going to suggest that there are crucial background issues that need to be placed on the table, that any thoughtful reader needs to consider. I shall then go on to discuss how philosophers approach the topic of abortion, and attempt to arrive at sound conclusions concerning its moral status. Finally, I shall offer my assessment of the article by Giubilini and Minerva.What is philosophy? Philosophy and the Socratic challengeMany philosophy journals, because of their focus on intellectual questions that are quite remote from central human concerns, and also likely to involve, sooner or later, some difficult technical issues, have a readership that consists almost entirely of professional philosophers. This is not so, however, in the case of journals concerned with ethical questions, and especially issues of an applied sort, such as are addressed in ‘After-birth abortion’, where interested readers will include, for instance, professional philosophers, and individuals who work in the healthcare and legal professions, and whose philosophical training may well have been very limited. I want to begin, therefore, with some discussion of the nature of philosophy. The importance of …. (shrink)

The most plausible pro-life argument claims that abortion is seriously wrong because it deprives the foetus of something valuable. This paper examines two recent versions of this argument. Don Marquis's version takes the valuable thing to be a 'future like ours', a future containing valuable experiences and activities. Jim Stone's version takes the valuable thing to be a future containing conscious goods, which it is the foetus's biological nature to make itself have. I give three grounds for rejecting these arguments. (...) First, they lead to unacceptable inequalities in the wrongness of killing. Second, they lead to counterintuitive results in a range of imaginary cases. Third, they ignore the role of psychological connectedness in determining the magnitude or seriousness of deprivation-based harms: because the foetus is only weakly psychologically connected to its own future, it cannot be seriously harmed by being deprived of that future. (shrink)

ABSTRACT In ‘The Pro‐Life Argument from Substantial Identity: A Defence’, Patrick Lee argues that the right to life is an essential property of those that possess it. On his view, the right arises from one's ‘basic’ or ‘natural’ capacity for higher mental functions: since human organisms have this capacity essentially, they have a right to life essentially. Lee criticises an alternative view, on which the right to life arises from one's ‘developed’ capacity for higher mental functions (or development of some (...) other accidental property). I argue that his criticisms of this alternative view are misguided or self‐defeating, and that there are good reasons to hold we have a right to life accidentally rather than essentially. (shrink)

Francis Beckwith’s Defending life: a moral and legal case against abortion choice defends the pro-life position on moral, legal and political grounds. In this critical notice I consider three key issues and argue that Beckwith’s treatment of each of them is unpersuasive. The issues are: (1) whether abortion is politically justified by the principle that we should err on the side of liberty in the face of reasonable disagreement over the moral status of the fetus; (2) whether the fetus’s natural (...) capacity or genetic propensity to develop rationality and communication is sufficient to give it a moral right to life; and (3) whether abortion is morally justified on the basis of bodily rights. I also show that Beckwith’s book fails to consider several important issues and arguments. (shrink)

This paper will argue that there are no people. Let me summarize the argument. In part II of what follows, I argue that if identity isn't what matters in survival, psychological connectedness isn't what matters either. Psychological connectedness, according to Derek Parfit, is the 'holding of particular direct psychological connections,' for example, when a belief, a desire, or some other psychological feature continues to be had ; psychological connectedness consists in two other relations—resemblance plus a cause that produces it. For (...) our purposes, to say of a relation that it is 'what matters in survival' is to say that it carries the burden of responsibility, remorse, and regret for past misdeeds; and that it is what makes rational the anticipation of, and the special hopes and fears we have about, our own future experiences. A consequence of II is that if identity isn't what matters in survival, either something other than psychological connectedness is what matters or nothing matters. (shrink)

This paper argues that there are no people. If identity isn't what matters in survival, psychological connectedness isn't what matters either. Further, fissioning cases do not support the claim that connectedness is what matters. I consider Peter Unger's view that what matters is a continuous physical realization of a core psychology. I conclude that if identity isn't what matters in survival, nothing matters. This conclusion is deployed to argue that there are no people. Objections to Eliminativism are considered, especially that (...) morality cannot survive the loss of persons. (shrink)

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

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

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

Most opponents of abortion (OA) believe fetuses matter. Critics argue that OA act inconsistently with regards to fetal life, seeking to restrict access to induced abortion, but largely ignoring spontaneous abortion and the creation of surplus embryos by IVF. Nicholas Colgrove, Bruce Blackshaw, and Daniel Rodger call such arguments inconsistency arguments and contend they do not matter. They present three objections to these arguments — the other beliefs, other actions, and hypocrisy objection. Previously, I argued these objections fail and threaten (...) to undermine ethical inquiry. Colgrove et al. have recently replied, but here, I argue their reply fails as well and raises a new criticism of the other actions’ objection. This essay sets out to show, as well as any philosophical argument can, that inconsistency arguments are morally significant. (shrink)

Most opposition to induced abortion turns on the belief that human fetuses are persons from conception. On this view, the moral status of the fetus alone requires those in a position to provide aid—gestational mothers—to make tremendous sacrifices to benefit the fetus. Recently, critics have argued that this pro-life position requires more than opposition to induced abortion. Pro-life theorists are relatively silent on the issues of spontaneous abortion, surplus in vitro fertilisation human embryos, and the suffering and death of born (...) persons due to lack of access to food, shelter and medical care. Colgrove et al call such arguments inconsistency arguments, arguing they ‘do not matter’ and mischaracterise them as ad hominem attacks. Here, I argue these are better understood as moral dilemmas. While some critics argue pro-life inaction is evidence that they do not really believe human fetuses are persons, I contend this inaction is likely the result of resolvable confusion rather than moral negligence. (shrink)

The contemporary philosophical literature on abortion primarily revolves around three seemingly intractable debates, concerning the (1) moral status of the fetus, (2) scope of women’s rights and (3) moral relevance of the killing/letting die distinction. The possibility of ectogenesis—technology that would allow a fetus to develop outside of a gestational mother’s womb—presents a unique opportunity for moral compromise. Here, I argue those opposed to abortion have aprima faciemoral obligation to pursue ectogenesis technology and provide ectogenesis for disconnected fetuses as part (...) of a moral compromise. (shrink)

This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.

Recent advancements in developmental biology enable the creation of embryo-like structures from human stem cells, which we refer to as human embryo-like structures (hELS). These structures provide promising tools to complement—and perhaps ultimately replace—the use of human embryos in clinical and fundamental research. But what if these hELS—when further improved—also have a claim to moral status? What would that imply for their research use? In this paper, we explore these questions in relation to the traditional answer as to why human (...) embryos should be given greater protection than other (non-)human cells: the so-called Argument from Potential (AfP). According to the AfP, human embryos deserve special moral status because they have the unique potential to develop into persons. While some take the development of hELS to challenge the very foundations of the AfP, the ongoing debate suggests that its dismissal would be premature. Since the AfP is a spectrum of views with different moral implications, it does not need to imply that research with human embryos or hELS that (may) have ‘active’ potential should be completely off-limits. However, the problem with determining active potential in hELS is that this depends on development passing through ‘potentiality switches’ about the precise coordinates of which we are still in the dark. As long as this epistemic uncertainty persists, extending embryo research regulations to research with specific types of hELS would amount to a form of regulative precaution that as such would require further justification. (shrink)

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...) the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

This paper examines whether there are moral differences between the mitochondrial replacement techniques that have been recently developed in order to help women afflicted by mitochondrial DNA diseases to have genetically related children absent such conditions: maternal spindle transfer and pronuclear transfer. Firstly, it examines whether there is a moral difference between MST and PNT in terms of the divide between somatic interventions and germline interventions. Secondly, it considers whether PNT and MST are morally distinct under a therapy/creation optic. Finally, (...) it investigates whether there is a moral difference between MST and PNT from a human embryo destruction point of view. I conclude, contra recent arguments, that regarding the first two points there is no moral differences between PNT and MST; and that regarding the third one MST is morally preferable to PNT, but only if we hold a gradualist account of the moral value of human embryos where zygotes have slight moral value. (shrink)

I discuss the propositional knowledge of an omniscient being, knowledge of facts that can be represented by that-clauses in sentences such as ‘John knows that the world is round.’ I shall focus upon questions about a supposedly omniscient being who propositionally knows the truth about all current states of affairs. I shall argue that there is no such being.

In Steven Spielberg's A.I. Artificial Intelligence a company called Cybertronics is responsible for creating, building, and disseminating a large number of ‘mechas’ – androids built specifically to address a multitude of human needs, including the desire to have children. David, an android mecha-child, has the capacity to genuinely love on whomever he ‘imprints.’ The first of this kind of mecha, he is ultimately abandoned by his ‘mother’ Monica, and David spends the rest of the film searching for Pinocchio's Blue Fairy (...) so that he can be made into a ‘real boy’ and gain Monica's love. Their reunion finally occurs at the end of the film, after hundreds of years. Typically, the ending in A.I. is panned by critics, and written off as an egregrious example of Spielberg's sentimentalism. However, we argue that the ending is essential in order to portray a certain conception of the nature of human personhood. While many science fiction films about artificial intelligence are centered on the issue of what constitutes personhood, A.I. is one of the very few films that does not regard personhood as something purely intrinsic to the biological construction of the organism. We contend that one of the many the messages of this film is that the journey to complete personhood requires social recognition. (shrink)

On 22 January 2019, New York state passed the Reproductive Health Act (RHA), which specifies three circumstances under which a healthcare provider may perform an abortion in New York: (1) the patient is within twenty-four weeks of pregnancy, (2) the fetus is non-viable, or (3) the abortion is necessary to protect the patient’s life or health. The first one, that of abortion being accessible within the first twenty-four weeks of pregnancy, is not unique to New York, as many other states (...) allow medical professionals to provide abortions during this time. The latter two have caused significant controversy because they detail certain circumstances in which abortions would be accessible after twenty-four weeks. This paper will focus on these latter two circumstances. I will first argue that any debate or discussion about (2) must go beyond the conventional debate about the ethics of abortion and incorporate, more appropriately, a discussion on euthanasia and the ethics of end-of-life care for nascent human life. In particular, it requires us to consider the morality of non-voluntary active euthanasia for non-viable fetuses, rather than just a discussion of the ethics of late term abortions. When it comes to (3), I will argue that assessing its moral permissibility actually raises some legitimate moral concerns, even from a reproductive rights perspective. On certain readings, it seems as if condition (3) would allow for the termination of a healthy fetus for reasons not related to the mother’s physical health or life. If this is the case, I argue, the right to an abortion would be construed as a right to fetal termination, rather than just fetal evacuation. However, I will argue that there are good reasons that pro-choice advocates should interpret the right to an abortion as a right to fetal evacuation instead of termination, and if this is the case, a woman should not be able to demand the death of a healthy fetus if ending the pregnancy safely via fetal evacuation would suffice. (shrink)

In §54 of the Grundlagen, Frege advances an interesting proposal on how to distinguish among different sorts of concepts, only some of which he thinks can be associated with number. This paper is devoted to an analysis of the two criteria he offers, isolation and non-arbitrary division. Both criteria say something about the way in which a concept divides its extension; but they emphasize different aspects. Isolation ensures that a concept divides its extension into discrete units. I offer two construals (...) of this: isolation as discreteness, i.e. absence of overlap, between the objects to be counted; and isolation as the drawing of conceptual boundaries. Non-arbitrary division concerns the internal structure of the units we count: it makes sure that we cannot go on dividing them arbitrarily and still find more units of the kind. Non-arbitrary division focuses not only on how long something can be divided into parts of the same kind; it also speaks to the way in which these divisions are made, arbitrarily or non-arbitrarily, as well as to the compositional structure of the objects divided. (shrink)

Whenever an object constitutes, makes up or composes another object, the objects in question share a striking number of properties. This paper is addressed to the question of what might account for the intimate relation and striking similarity between constitutionally related objects. According to my account, the similarities between constitutionally related objects are captured at least in part by means of a principle akin to that of strong supervenience. My paper addresses two main issues. First, I propose independently plausible principles (...) by means of which to delineate, in a non-ad-hoc, non-stipulative and non-circular fashion, those properties which can be expected to be shared among constitutionally related objects in virtue of their being so related from those which in general cannot be expected to be shared, or which are shared for other reasons. Secondly,I spell out in detail the nature of the supervenience-principle at work in this context. My account thus aims at isolating, in a methodologically responsible fashion, the particular sort of restricted indiscernibility principle which is a component of the constitution-relation. (shrink)

A number of philosophers maintain that the destruction of an embryo in the first 2 weeks after fertilization is not morally problematic as it is metaphysically impossible for any human organism to then have existed. We contend that the typical adult human organism was once a zygote so there is no metaphysical shortcut to justify early abortion. We show that five arguments against human organisms ever having been zygotes fail. All of the arguments have to do with one variant or (...) another of the zygote or early embryo dividing. They do not provide any reason to believe that since some adult organisms are not identical to zygotes due to earlier divisions, none could have been. (shrink)

Hendricks’ The Impairment Argument (TIA) claims that it is immoral to impair a fetus by causing it to have fetal alcohol syndrome (FAS). Since aborting a fetus impairs it to a greater degree than causing it to have FAS, then abortion is also immoral. In this article, I argue that TIA ought to be rejected. This is because TIA can only succeed if it explains why causing an organism to have FAS impairs it to a morally objectionable degree, entails that (...) abortion impairs an organism to a morally objectionable and greater degree than causing FAS, and satisfies The Impairment Principle’s ceteris paribus clause. In order to do all three things, TIA must presuppose some theory of well-being. Even then, no theory of well-being accomplishes all three tasks that TIA must in order to succeed. However, even if this is false and TIA can meet all three objectives by presupposing some theory of well-being, it would not do very much to advance the debate about the morality of abortion. As I argue, TIA would essentially restate well-established arguments against abortion based on whatever theory of well-being it must presuppose in order to be successful. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with the (...) particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

Is it OK to lie to Siri? Is it bad to mistreat a robot for our own pleasure? Under what condition should we grant a moral status to an artificial intelligence (AI) system? This paper looks at different arguments for granting moral status to an AI system: the idea of indirect duties, the relational argument, the argument from intelligence, the arguments from life and information, and the argument from sentience. In each but the last case, we find unresolved issues with (...) the particular argument, which leads us to move to a different one. We leave the idea of indirect duties aside since these duties do not imply considering an AI system for its own sake. The paper rejects the relational argument and the argument from intelligence. The argument from life may lead us to grant a moral status to an AI system, but only in a weak sense. Sentience, by contrast, is a strong argument for the moral status of an AI system—based, among other things, on the Aristotelian principle of equality: that same cases should be treated in the same way. The paper points out, however, that no AI system is sentient given the current level of technological development. (shrink)

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

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)

This paper investigates contemporary applications of the Aristotelian conception of potentiality in limit cases of life and death arising from developments in modern science in order to argue that in its current usage, the term is often so far from its Aristotelian context that its philosophical rigor and, hence, usefulness is undermined. By analyzing the account of the soul in Aristotle’s De Anima, I argue for the necessity of a conception of nature that can contextualize the relevant sense of potentiality (...) by giving a telos arising from the subject’s nature, which orients that subject’s potentiality. I argue that these contextualizing components of nature and teleology are necessary for using a philosophically rigorous sense of potentiality. I begin by surveying the current use of potentiality to delineate beginning and end-of-life cases in order to show that these various uses are not robust enough to offer answers to the challenging cases of life and death in a non ad hoc way. I then address John Lizza and Joel Feinberg’s suggestions for making the concept of potentiality more robust, namely, a more specified framework of ‘normal’ internal conditions and ‘important’ external conditions to which the subject’s potentialities can be referenced. I argue that the insufficiency of the current uses of potentiality is more specifically due to a lack of an Aristotelian conception of a teleological nature that directs the subject’s potentiality and further that this Aristotelian framework of the subject’s nature can provide an answer to Feinberg and Lizza call for a context of normalcy of internal features and external environment in a more robust way. In the final section, I turn back to the problematic cases of life and death in order to highlight how, given a more specific and robust conception of a teleological nature, my account can offer three suggestions for applying the concept of potentiality. (shrink)

This essay is a response to Julian Savulescu’s objections to the future of value argument for the immorality of abortion published in the Journal of Medical Ethics, June 2002. Firstly, Savulescu’s claim that the future of value argument has implausible implications is considered. The author argues that the argument does not have these implications. Secondly, properties which, according to Savulescu, could underwrite the wrongness of killing and that are acquired only after implantation, are considered. It is argued that none of (...) these properties is an adequate basis for the distinction between wrongful and permissible killing. (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)

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)

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)

One of the most famous, and most derided, arguments against the morality of abortion is the argument from potential, which maintains that the fetus' potential to become a person and enjoy the valuable life common to persons, entails that its destruction is prima facie morally impermissible. In this paper, I will revisit and offer a defense of the argument from potential.

We argue against Thomson’s view that abortion is permissible even if fetuses have high moral status. Against this, we argue that, because many mothers are morally responsible for their pregnancies, they have a special obligation to assist. Finally, we address an objection according to which many mothers whose pregnancies are not a product of rape are not morally responsible to a sufficient degree, and so an obligation to assist is not generated. This objection assumes that the force of the mother’s (...) right to bodily integrity is not diminished if she is insufficiently morally responsible. We challenge this assumption. Our complete thesis is as follows: If a mother is morally responsible to a sufficient degree, she acquires an obligation to assist. If she is not, the force of her right to bodily integrity may be reduced. (shrink)

ABSTRACT: A popular response to proponents of embryonic stem cell research and advocates of abortion rights alike-summarized by claims such as “you came from an embryo!” or “you were a fetus once!”-enjoys a rich philosophical pedigree in the arguments of Hare, Marquis, and others. According to such arguments from potentiality, the prenatal human organism is morally valuable because every person’s biological history depends on having completed embryonic and fetal stages. In this article I set out the steps of the underlying (...) argument in light of how it has been cast in the philosophical literature and uncover an intriguingly illicit inference.RÉSUMÉ: On répond souvent aux avocats de la recherche sur les cellules souches et à ceux du droit a l’avortement par une argumentation qui se résume à des affirmations comme : «vous provenez d’un embryon!» ou «vous avez déjà été un fœtus!» -- ce genre de réponse appartient à une riche lignée philosophique qui inclut les arguments de Hare, Marquis et d’autres encore. Selon ces arguments fondés sur la potentialité, l’organisme humain prénatal possède une valeur morale parce que l’histoire biologique de chaque personne dépend de l’accomplissement des états embryonnaire et fœtal. Je présente ici les étapes du raisonnement qui se trouve au fondement de cette argumentation telle qu’elle est formulée dans la littérature philosophique. J’y découvre une inférence curieusement invalide. (shrink)

In this paper, a rights-based argument for the impermissibility of abortion, infanticide and neglect of some pre-natal organisms and infants/children is advanced. I argue, in opposition to most rights-ethicists, that the potentiality for autonomous agency gives individuals negative rights. I also examine the conjecture that potential autonomous agents have positive rights in virtue of their vulnerability. According to this suggestion, once an individual obtains actual autonomous agency, he or she has merely negative rights. Possible solutions to conflicts of rights between (...) parents and their offspring are investigated. Finally, I discuss a lexical order between positive and negative rights, which may solve conflicts between the rights of potential autonomous agents and actual autonomous agents. (shrink)

En este artículo presento una clasificación de las teorías éticas acerca del aborto provocado. En esa clasificación utilizo dos criterios que, aunque inseparables, se pueden tratar relativamente disociados uno del otro. En primer lugar, presento las teorías ordenadas según el estatuto ontológico y ético que otorgan a los gametos, cigotos, preembriones, embriones, fetos y neonatos, y discuto las teorías basadas en la idea de potencialidad. En segundo lugar, me refiero a las teorías centradas en la libertad de la madre. En (...) las consideraciones finales reconozco explícitamente el partidismo de la teoría de teorías propuesta. (shrink)

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

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)

This essay advances a libertarian theory of moral rights, which responds effectively to some serious objections that have been raised against libertarianism. I show how libertarianism can explain children’s rights to certain physical integrity and aid. I defend strong moral rights of human, pre-natal organisms, infants and children against all agents to certain non-interference with their physical integrity. I also argue that parents’ moral obligation to aid their offspring follows from a moral principle that prohibits agents to actively harm rights-bearers. (...) Since this is the core principle of all versions of libertarianism, we gain simplicity and coherence. In chapter two, I explain my theory’s similarities and differences to a libertarian theory of moral rights advanced by Robert Nozick in his 1974 book Anarchy, State, and Utopia. I explain the structure and coherence of negative moral rights as advanced by Nozick. Then, I discuss what these negative rights are rights to, and the criteria for being a rights-bearer. In chapter three, I formulate a clear distinction between active and passive behaviour, and discuss the moral importance of foreseeing consequences of one’s active interventions. In chapter four, I claim that some pre-natal human organisms, human infants, and children, are rights-bearers. I formulate a morally relevant characterization of potentiality, and argue that possession of such potentiality is sufficient to have negative rights against all agents. In chapter five, I discuss whether potential moral subjects, in addition, have positive moral rights against all agents to means sufficient to develop into actual moral subjects. I argue that this suggestion brings some difficulties when applied to rights-conflicts. In chapter six, I argue that potential moral subjects’ rights to means necessary to develop into actual moral subjects can be defended in terms of merely negative rights. By adopting the view advanced in this chapter, we get a simple, coherent theory. It avoids the difficulties in the view advanced in chapter five, while keeping its intuitively plausible features. In chapter seven, I discuss whether the entitlement theory is contradictory and morally repugnant. I argue that my version of the entitlement theory is not. (shrink)