The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest (...) in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts about consciousness. However, (...) though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (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)

The literature of bioethics suffers from two serious problems. (1) Most authors are unable to take seriously both the rights of the great apes and of severely disabled human infants. Rationalism—moral status rests on rational capacities—wrongly assigns a higher moral status to the great apes than to all severely disabled human infants with less rational capacities than the great apes. Anthropocentrism—moral status depends on membership in the human species—falsely grants all humans a higher moral status than the great apes. Animalism—moral (...) status is dependent on the ability to suffer—mistakenly equates the moral status of humans and most animals. (2) The concept person is widely used for justificatory purposes, but it seems that it cannot play such a role. It seems that it is either redundant or unable to play any justificatory role. I argue that we can solve the second problem by understanding person as a thick evaluative concept. This then enables us to justify assigning a higher moral status to the great apes than to simple animals: the great apes are persons. To solve the first problem, I argue that certain severely disabled infants have a higher moral status than the great apes because they are dependent upon human relationships for their well-being. Only very limited abilities are required for such relationships, and the question who is capable of them must be based on thick evaluative concepts. Thus, it turns out that to make progress in bioethics we must assign thick evaluative concepts a central role. (shrink)

Part One addresses the question whether the fact that some persons love something, worship it, or deeply care about it, can endow moral status on that thing. I argue that the answer is “no.” While some cases lend great plausibility to the view that love or worship can endow moral status, there are other cases in which love or worship clearly fails to endow moral status. Furthermore, there is no principled way to distinguish these two types of cases, so we (...) must conclude that love or worship never endow moral status. Part Two takes up the hard question of why we have to be careful of things that others love or worship, given that the things do not thereby have moral status. I argue that it is sometimes bad for those who love or worship the things if we mistreat them. I develop an account of when love and worship, and person projects more generally, succeed in expanding the scope of what counts as good or bad for the person engaged in the project. (shrink)

In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...) moral consideration in sentience, is committed to the claim that a sentient fetus has a right to life. I then illustrate that a fully developed account of animal rights that recognizes the special obligations humans have to assist animals when we cause them to be dependent and vulnerable through our voluntary actions or omissions is committed to the following: a woman also has a special obligation to assist a sentient fetus when she causes it to be dependent and vulnerable through her voluntary actions or omissions. From these considerations, it will become evident that a fully developed and consistent animal rights ethic does in fact have implications for the abortion discussion. (shrink)

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of moral consideration (...) to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (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.

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

As the world population is growing and government directives tell us to consume more fatty acids, the demand for fish is increasing. Due to declines in wild fish populations, we have come to rely more and more on aquaculture. Despite rapid expansion of aquaculture, this sector is still in a relatively early developmental stage. This means that this sector can still be steered in a favorable direction, which requires discussion about sustainability. If we want to avoid similar problems to the (...) ones we have experienced with livestock farming, we need to generate knowledge of the biology, profitability, environmental aspects, consumer awareness, and product appreciation of particular fish species. However, the discussion about a sustainable aquaculture also raises the question how we should treat fish. This moral question is regularly addressed as a problem of applied ethics with a focus on tailoring ethical principles to practical questions. In this article we do not deny the importance of the practical accounts, but we start from the fundamental question whether and why fish matter in our moral deliberations, i.e., from the discussion on moral status. We elaborate the distinction between moral considerability and moral significance in order to show both the importance and the limitations of the discussion about moral status for practical problems in aquaculture. We illustrate these points with a case-study about the farming of a specific fish species, the African catfish. (shrink)

Purpose Although the term “responsibility” plays a central role in bioethics and public health, its meaning and implications are often unclear. This paper defends the importance of a more systematic conception of responsibility to improve moral philosophical as well as descriptive analysis. Methods We start with a formal analysis of the relational conception of responsibility and its meta-ethical presuppositions. In a brief historical overview, we compare global-collective, professional, personal, and social responsibility. The value of our analytical matrix is illustrated by (...) sorting out the plurality of responsibility models in three cases (organ transplantation, advance directives, and genetic testing). Results Responsibility is a relational term involving at least seven relata. The analysis of the relata allows distinguishing between individual versus collective agency, retrospective versus prospective direction, and liability versus power relations. Various bioethical ambiguities result from insufficient, implicit, or inappropriate ascriptions of responsibility. Conclusions A systematic conception of responsibility is an important tool for bioethical reflection. It allows an in-depth understanding and critique of moral claims on a meta-ethical level without presuming one particular normative approach. Considering the concept of responsibility can also help to complement the current bioethical focus on individual autonomy by including the perspectives of other actors, such as family members or social groups. (shrink)

Abstract Drawing on the features of “practical philosophy” described by Toulmin ( 1990 ), a “practical” ethic for animals would be rooted in knowledge of how people affect animals, and would provide guidance on the diverse ethical concerns that arise. Human activities affect animals in four broad ways: (1) keeping animals, for example, on farms and as companions, (2) causing intentional harm to animals, for example through slaughter and hunting, (3) causing direct but unintended harm to animals, for example by (...) cropping practices and vehicle collisions, and (4) harming animals indirectly by disturbing life-sustaining processes and balances of nature, for example by habitat destruction and climate change. The four types of activities raise different ethical concerns including suffering, injury, deprivation, and death (of individuals), decline of populations, disruption of ecological systems containing animals, and extinction of species. They also vary in features relevant to moral evaluation and decision-making; these include the number of animals affected, the duration of the effects, the likelihood of irreversible effects, and the degree to which the effects can be controlled. In some cases human actions can also provide benefits to animals such as shelter and health care. Four mid-level principles are proposed to make a plausible fit to the features of the four types of human activities and to address the major ethical concerns that arise. The principles are: (1) to provide good lives for the animals in our care, (2) to treat suffering with compassion, (3) to be mindful of unseen harm, and (4) to protect the life-sustaining processes and balances of nature. This “practical” approach arguably makes a better fit to the complex, real-life problems of animal ethics than the single foundational principles that have dominated much recent animal ethics philosophy. Content Type Journal Article Category Articles Pages 1-26 DOI 10.1007/s10806-011-9353-z Authors David Fraser, Animal Welfare Program, University of British Columbia, 2357 Main Mall, Vancouver, V6T 1Z4 Canada Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)

Abstract Everyday inanimate things such as stones, teapots and bicycles are not objects to which moral agents could have direct duties; they do not have moral status. It is usually assumed that there is therefore no reason to think that a morally good person would, on account of her goodness, be disposed to treat them well for their own sakes. I challenge this assumption. I begin by showing that to act for the sake of an entity need not be to (...) suppose that it has moral status, but simply to regard it as an end in itself. Having done this, I argue that it is not, as is conventionally assumed, implausible to suppose that to be morally good is to be disposed to treat at least some inanimate things gently, and to do so, moreover, for the sake of those things, rather than for some other reason. (shrink)

Underlying President Bush's view regarding stemcell research and cloning are two assumptions: we originate at conception, and we have full moral status as soon as we originate. I will challenge both assumptions, argue that at least the second is mistaken, and conclude that the President's approach is unsustainable.

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)

In this paper, I provide some evidence for the view that a common charge against those who adopt vegetarianism is that they would be sentimental. I argue that this charge is pressed frequently by those who adopt moral absolutism, a position that I reject, before exploring the question if vegetarianism might make sense. I discuss three concerns that might motivate those who adopt vegetarian diets, including a concern with the human health and environmental costs of some alternative diets, a concern (...) about inflicting pain on animals, and a concern with the killing of animals. While I argue that vegetarianism does not make sense in some situations, I hope that this paper shows that there are many good reasons why the adoption of vegetarian, and—even more so—vegan diets might be appropriate in some situations. In carving out this position, I focus primarily on the question whether a morally relevant distinction between the killing of plants and the killing of animals should be made. I engage primarily with the views of two of the most prominent authors on this issue, arguing that neither Peter Singer nor Tom Regan provide a satisfactory account on the ethics of killing nonhuman organisms. Two views are challenged in particular, the view that relatively simple animals such as molluscs, as well as plants, lack awareness, and the view that animals without a preference to continue living stand to lose little or nothing by being killed. I provide some evidence to support the claim that many share my view that it is more problematic to kill animals than to kill plants, before analyzing why some suppress the negative feelings they associate with killing animals. By exploring these issues I hope to shed some light on the issue of whether the feelings of those who adopt vegetarianism are sentimental or make sense, and to stimulate reflection amongst those with an interest in food ethics. (shrink)

Recent progress in neurosciences has improved our understanding of chronic disorders of consciousness. One example of this advancement is the emergence of the new diagnostic category of minimally conscious state (MCS). The central characteristic of MCS is impaired consciousness. Though the phenomenon now referred to as MCS pre-existed its inclusion in diagnostic classifications, the current medical ethical concepts mainly apply to patients with normal consciousness and to non-conscious patients. Accordingly, how we morally should stand with persons in minimally conscious state (...) remains unclear. In this paper, I examine whether the notion of human dignity could provide us with guidance with the moral difficulties MCS gives rise to. More precisely, I focus on the question of whether we are justified in holding that persons in minimally conscious state possess human dignity. (shrink)

In spite of the considerable literature nowadays existing on the issue of the moral exclusion of nonhuman animals, there is still work to be done concerning the characterization of the conceptual framework with which this question can be appraised. This paper intends to tackle this task. It starts by defining speciesism as the unjustified disadvantageous consideration or treatment of those who are not classified as belonging to a certain species. It then clarifies some common misunderstandings concerning what this means. Next, (...) it rejects the idea that there are different kinds of speciesism. Such an idea may result from confusion because there are (1) different ways in which speciesism can be defended; and (2) different speciesist positions, that is, different positions that assume speciesism among their premises. Depending on whether or not these views assume other criteria for moral consideration apart from speciesism, they can be combined or simple speciesist positions. But speciesism remains in all cases the same idea. Finally, the paper examines the concept of anthropocentrism, the disadvantageous treatment or consideration of those who are not members of the human species. This notion must be conceptually distinguished from speciesism and from misothery (aversion to nonhuman animals). Anthropocentrism is shown to be refuted because it either commits a petitio principia fallacy or it falls prey to two arguments: the argument from species overlap (widely but misleadingly known as “argument from marginal cases”) and the argument from relevance. This rebuttal identifies anthropocentrism as a speciesist view. (shrink)

Everything we can refer to – physical, biological, psychological, or a human-created entity, institution, activity, or expression of some kind, and whether constituted of brute physical stuff or less tangible complexes of social arrangements, ideas, images, movements, and so on – can be considered in terms of its form of organization or structure. This applies even if what we want to say about these things is that they represent a disorganized or unstructured example of their kind or else that they (...) simply lack any discernible form of internal organization or structure in the sense that their internal structure is undifferentiated or homogenous as opposed to being ‘all over the place’. We therefore live in a world in which everything can be characterized, either positively or negatively, in terms of its form of organization or structure. (The terms ‘form of organization’ and ‘structure’ can be used interchangeably in the context of this paper, although I will tend to use the term ‘structure’ in what follows.). (shrink)

The creation of chimeras by introducing human stem cells into nonhu- man animals has provoked intense concerns. Addressing objections that appeal to human dignity, I focus in this essay on stem cell research intended to generate human neurons in Great Apes and rodents. After considering samples of dignity- based objections from the literature, I examine the underlying assumption that nonhuman animals have lower moral status than personsFwith particular attention to what it means to speak of higher and lower moral statusFbefore (...) evaluating the chimera research in question. I argue that (1) such experiments involving Great Apes should be prohibited out of respect for the research subjects and (2) such experiments involving rodents may or may not be permissible, depending on how we answer unresolved questions regarding rodents’ moral status. In the end, concerns about human dignity prove insignificant. (shrink)

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the Council (i.e., embryos (...) have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements. (shrink)

The leading question of this article is whether it is acceptable, from a moral point of view, to take wild animals that are ill out of their natural habitat and temporarily bring them under human control with the purpose of curing them. To this end the so-called 'seal debate' was examined. In the Netherlands, seals that are lost or ill are rescued and taken into shelters, where they are cured and afterwards reintroduced into their natural environment. Recently, this practice has (...) been criticised because it is thought to interfere with the wildness of the animals and population. In this research, the moral assumptions behind the arguments of both the proponents and opponents of sheltering have been analysed within a morally pluralistic framework. It is concluded that sheltering on too large a scale would be contrary to the efforts of the last few decades to maintain an independent or wild seal population, which means that a certain amount of caution is called for. However, in the current situation there is no decisive reason to completely prohibit shelters either. Good arguments can even be given in favour of sheltering. It also becomes clear that the acceptability of sheltering wild animals depends on the specific circumstances in which an animal is encountered. (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)

Many contemporary bioethicists claim that the possession of certain psychological properties is sufficient for having full moral status. I will call this thepsychological approach to full moral status. In this paper, I argue that there is a significant tension between the psychological approach and a widely held model of Dissociative Identity Disorder (DID, formerly Multiple Personality Disorder). According to this model, the individual personalities or alters that belong to someone with DID possess those properties that proponents of the psychological approach (...) claim suffice for full moral status. If this account of DID is true, then the psychological approach to full moral status seems to entail that the two standard therapies for treating DID might, on occasion, be seriously immoral, for they may well involve the (involuntary) elimination of an entity with full moral status. This result should give proponents of the psychological approach pause, for most people find the claim that current treatments of DID are ethically suspect highly counter-intuitive. (shrink)

A central question in contemporary ethics and political philosophy concerns which entities have moral status. In this article, I provide a detailed analysis of the view that moral status comes in degrees. I argue that degrees of moral status can be specified along two dimensions: (i) the weight of the reason to protect an entity’s morally significant rights and interests; and/or (ii) the rights and interests that are considered morally significant. And I explore some of the complexities that arise when (...) we link degrees of moral status to the weight of reasons to protect bundles and/or the content and size of these bundles, in particular regarding the attribution of moral status to nonparadigmatic entities (e.g. people with severe cognitive disabilities, children, embryos and foetuses, robots, non-human animals, ecosystems, and rivers). (shrink)

A common interpretation of Philip K. Dick’s texts _Do Androids Dream of Electric Sheep?_ and _We Can Build You_ is that they attempt to answer the question “What does it mean to be human?” -/- Unfortunately, these interpretations fail to deal with the fact that the term “human” has both metaphysical and moral connotations. Metaphysical meanings associated with theories of human nature and moral meanings associated with theories of moral status are thus blurred in the novels and in the literature (...) that discusses them. This is problematic on many levels. The conclusion argued for in this paper is that we should carefully disentangle these meanings. Doing so has many benefits, both for literary criticism and moral philosophy. For literary criticism, disentanglement helps solve some puzzling elements of the texts that are unlikely to be solved if the entanglements are not undone. -/- Furthermore, disentangling the moral and the metaphysical meanings of “human” provides an opportunity to showcase how theories of moral status can be used as an interpretive lens. For moral philosophy, exploring the entanglements of the novels can suggest new ideas about which non-humans—animals, robots, artificial intelligence—are part of the moral community. Finally, disentangling these meanings highlights problems that arise when one assumes that answers to metaphysical questions entail clear moral answers to questions about moral status. (shrink)

Many philosophers accept both of the following claims: (1) consciousness matters morally, and (2) species membership doesn’t matter morally. In other words, many reject speciesism but accept what we might call 'sentientism'. But do the reasons against speciesism yield analogous reasons against sentientism, just as the reasons against racism and sexism are thought to yield analogous reasons against speciesism? This paper argues that speciesism is disanalogous to sentientism (as well as racism and sexism). I make a case for the following (...) asymmetry: (a) some non-humans clearly have interests, but (b) no non-conscious entities clearly have interests. This asymmetry, I argue, renders sentientism resistant to the standard argument against speciesism. (shrink)

According to the theory of intrinsic value and moral standing known as the “substance view,” all human beings have intrinsic value, full moral standing and, with these, a right to life. The substance view has been defended by numerous contemporary philosophers who use the theory to argue that the standard human fetus has a right to life and, ultimately, that abortion is prima facie seriously wrong. In this paper, I identify three important errors committed by some of these philosophers in (...) their defense of the theory---what I refer to as the “extratheoretical-proposition error,” “quantitative-differences error,” and “non-normative-answer error”---and conclude that these errors render their defense inadequate. (shrink)

In this paper I analyse who should be able to control the use of human embryonic stem cell lines. I distinguish between different kinds of control and analyse a set of arguments that purport to show that the donors of gametes and embryos should not be able to control the use of stem cell lines derived from their embryos. I show these arguments to be either deficient or of so general a scope that they apply not only to donors but (...) also to those who derived the stem cell lines. Since we normally think that stem cell derivers have the right to control the use of the cell lines they derived, we have no justification for denying donors similar rights of control. In the final section I briefly discuss why informed consent is not an appropriate vehicle for transferring or alienating control rights. (shrink)

The term moral considerability refers to the question of whether a being or set of beings is worthy of moral consideration. Moral considerability is most readily afforded to those beings that demonstrate the clearest relationship to rational humans, though many have also argued for and against the moral considerability of species, ecosystems, and “lesser” animals. Among these arguments there are at least two positions: “environmentalist” positions that tend to emphasize the systemic relations between species, and “liberationist” positions that tend to (...) emphasize the attributes or welfare of a particular individual organism. Already, this classic conflict provides for some challenging theoretical clashes between environmentalists and animal liberationists. The question of moral considerability is complicated, however, by recent developments in genetic engineering. Some animals, like pigs and fish, have been genetically modified by humans to grow organs that can then be transplanted into humans. If environmental arguments for the moral consideration of species are correct, then we are released from our obligations to morally consider those animals that we have genetically modified, since they are by their nature always an “invader species.” If, instead, the welfare of the animal is of penultimate importance, then there is a case for strengthening the moral considerability of GM animals over “naturally-occurring” animals, since they bear a closer relationship to humans. This would appear to be an intractable problem, a “bad marriage,” as Mark Sagoff once proposed. This paper argues that the case of invasive transgenic animals exposes weaknesses in this classic conflict, and particularly, in the framing of this conflict. To remedy this framing problem, this paper argues for a reconceptualization of the term “moral considerability,” instead urging a strong distinction between moral considerability, moral relevance, and moral significance. (shrink)

The paper deals with partiality flowing from special relationships. Two main problems are discussed. The first concerns the relationship between partiality and genuine moral obligations. If partiality can bring about such obligations only if it is reasonable, what requirements should it meet in order to be reasonable? The second problem is one of animal ethics. Can the concept of reasonable partiality help us articulate what is morally at stake in a current discussion about the treatment of domestic animals, viz. the (...) European discussion about the castration of pigs? (shrink)

In this essay I examine the formal structure of the concept of futility, enabling identification of the appropriate roles played by patient, professional, and society. I argue that the concept of futility does not justify unilateral decisions to forego life-sustaining medical treatment over patient or legitimate surrogate objection, even when futility is determined by a process or subject to ethics committee review. Furthermore, I argue for a limited positive ethical obligation on the part of health care professionals to assist patients (...) in achieving certain restricted goals, including the preservation of life, even in circumstances in which most would agree that that life is of no benefit to the patient. Finally, I address the objection that professional integrity overrides this limited obligation and find the objection unconvincing. In short, my aim in this essay is to see the concept of futility finally buried, once and for all. (shrink)

One of the most significant developments in the area of reproductive health in Ireland is theRoche v. Roche[2009] case. The case concerned a woman who wished to implant cryopreserved embryos made with a former partner, against the partner’s wishes. Of particular interest are questions about the status of the embryo: in Ireland the life of “the unborn” is constitutionally protected. Therefore the courts inRochehad to decide whether embryos were “unborn” within the meaning of the Irish Constitution.

Recent results from neuroimaging appear to indicate that some patients in a vegetative state have partially intact awareness. These results may demonstrate misdiagnosis and suggest the need not only for alternative forms of treatment, but also for the reconsideration of end-of-life decisions in cases of disorders of consciousness. This article addresses the second consequence. First, I will discuss which aspects of consciousness may be involved in neuroimaging findings. I will then consider various factors relevant to ethical end-of-life decision-making, and analyse (...) whether and to what extent the above consequence applies to these factors. It will be shown that knowledge of the existence of partial awareness in patients with disorders of consciousness only influences end-of-life decision-making if certain background assumptions are made. (shrink)

Research to improve the health of pregnant and fetal patients presents ethical challenges to clinical investigators, institutional review boards, funding agencies, and data safety and monitoring boards. The Common Rule sets out requirements that such research must satisfy but no ethical framework to guide their application. We provide such an ethical framework, based on the ethical concept of the fetus as a patient. We offer criteria for innovation and for Phase I and II and then for Phase III clinical trials (...) to improve the health of pregnant patients and of fetal patients and also criteria to responsibly manage the transition from investigation to clinical practice. Basing ethical criteria for research involving pregnant women on the ethical concept of the fetus as a patient insulates the proposed ethical framework and therefore research on pregnant women from the divisive and politicized concepts and discourses of personhood, fetal rights, and unborn child. (shrink)

This paper investigates consistency in applied moral philosophy with regard to the recent controversy over Makah whaling in the state of Washington. The first part presents both sides of the controversy. The second part examines the meaning of 'tradition' and distinguishes between 'new' and 'old' traditions. The third part explores what might constitute moral consistency for the Makah and what might constitute moral consistency for the larger community.

While doctors generally enjoy considerable status, some believe that this is increasingly threatened by consumerism, managerialism, and competition from other health professions. Research into doctors’ perceptions of the changes occurring in medicine has provided some insights into how they perceive and respond to these changes but has generally failed to distinguish clearly between concerns about “status,” related to the entitlements associated with one’s position in a social hierarchy, and concerns about “respect,” related to being held in high regard for one’s (...) moral qualities. In this article we explore doctors’ perceptions of the degree to which they are respected and their explanations for, and responses to, instances of perceived lack of respect. We conclude that doctors’ concerns about loss of respect need to be clearly distinguished from concerns about loss of status and that medical students need to be prepared for a changing social field in which others’ respect cannot be taken for granted. (shrink)

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.

In this paper, we present and defend the theoretical framework of an empirical model to describe people’s fundamental moral attitudes (FMAs) to animals, the stratification of FMAs in society and the role of FMAs in judgment on the culling of healthy animals in an animal disease epidemic. We used philosophical animal ethics theories to understand the moral basis of FMA convictions. Moreover, these theories provide us with a moral language for communication between animal ethics, FMAs, and public debates. We defend (...) that FMA is a two-layered concept. The first layer consists of deeply felt convictions about animals. The second layer consists of convictions derived from the first layer to serve as arguments in a debate on animal issues. In a debate, the latter convictions are variable, depending on the animal issue in a specific context, time, and place. This variability facilitates finding common ground in an animal issue between actors with opposing convictions. (shrink)

We develop an anti-commodification defense of ethical veganism which holds that common defenses of ethical veganism can benefit from treating the commodification of non-human animals as a serious, distinct moral wrong. Drawing inspiration from Elizabeth Anderson’s account of commodification, we develop an account of commodification that identifies most uses of animals in developed countries as forms of problematic commodification. We then show that this position can make significant contributions to both welfarist defenses of ethical veganism and animal rights theories.

Given the existence of “marginal human cases”, it is often argued that we must either acknowledge that some human beings have less moral status than some non-human animals, or commit to the idea that moral status is held by humans qua human. In this paper, the moves available on both sides are shown to be unsatisfactory, and an argument for moral status that avoids both of the standard positions is suggested. Ultimately, it is argued that the discussion of moral status (...) is confused when marginal human cases are seen as posing a unique, rather than a general, theoretical problem. (shrink)

In the field of medically assisted reproduction (MAR), there is a growing emphasis on the importance of introducing new assisted reproductive technologies (ARTs) only after thorough preclinical safety research, including the use of animal models. At the same time, there is international support for the three R’s (replace, reduce, refine), and the European Union even aims at the full replacement of animals for research. The apparent tension between these two trends underlines the urgency of an explicit justification of the use (...) of animals for the development and preclinical testing of new ARTs. Considering that the use of animals remains necessary for specific forms of ART research and taking account of different views on the moral importance of helping people to have a genetically related child, we argue that, in principle, the importance of safety research as part of responsible innovation outweighs the limited infringement of animal wellbeing involved in ART research. (shrink)

In this essay, I provide evidence that a new generation of prochoice advocates wishes to move away from defending abortion rights via the view that fetal life has little or no value and toward a more complex view of abortion rights. This newer view simultaneously grants that fetuses are more than simply “clumps of cells,” that they are, to some extent, entities that possess some degree of value, and also that women still have the right to decide whether they wish (...) to continue a pregnancy. Prima facie, this may sound like an impossible task—an instance of “having your cake and eating it too”—but I will show throughout my paper that, and how, such a task can indeed be accomplished. (shrink)

The subject-matter of this essay is the moral status of nature. This subject is dealt with in terms of normative reasons. The main question is if there are direct normative reasons to care for nature in addition to the numerous indirect normative reasons that there are for doing so. Roughly, if there is some such reason, and that reason applies to any moral agent, then nature has direct moral status as I use the phrase. I develop the notions of direct (...) normative reason and direct moral status in detail and identify and discuss the two main types of theory according to which nature has direct moral status: analogy-based nature-considerism and non-analogy-based nature-considerism. I argue for the plausibility of a particular version of the latter, but against the plausibility of any version of the former. The theory that is representative of AN claims that nature has direct moral status in virtue of possessing interests. Proponents of this theory fail to show that nature has interests of the kind that they reasonably want to ascribe to it, and that interests of this kind are morally significant. In contrast to AN, NN comes in a variety of different forms. I elaborate a version of NN according to which there are direct normative reasons to care for nature in virtue of its unique complexity, and its indispensability. I argue that even if these reasons should turn out not to apply to any moral agent, they are still genuine direct normative reasons: there is nothing irrational or misdirected about them. Finally, I show how the question of whether there are direct normative reasons to care for nature is relevant to private and political decision-making concerning nature. This is exemplified with a case from the Swedish mountain region. (shrink)