By emphasizing the parallels between both racial vilification and the vilification that takes place when we discuss abortion in our society, I hope to provide a new perspective on the way the United States converses about this divisive issue. This perspective, in turn, can help us see how we can move forward from the stagnate polemics that have permeated the abortion debate in the United States for the past 40 years.

Susan Moller Okin's critique of libertarianism in Justice, Gender, and the Family has received only slight attention in the libertarian literature. I find this neglect of Okin's argument surprising: The argument is straightforward and, if sound, it establishes a devastating conflict between the core libertarian notions of self-ownership and the acquisition of property through labour. In this paper, I first present a reconstruction of Okin's argument. In brief, she points out that mothers make children through their labour; thus it would (...) seem that mothers own their children; but this implies that the children are not self-owners. I then examine the two most common objections to this argument in the literature: mothers do not make children, and acquisition by labour includes an exception for persons. I give several replies to each objection, including an extension of Okin's argument that I call Okin's dilemma. This dilemma argues that the libertarian can avoid Okin's conclusion only by requiring an.. (shrink)

Animalism is the doctrine that we human beings are – are identical with – animals. Hylemorphism is a form of animalism. In this paper, I defend hylemorphism by showing that while other forms of animalism fall prey to the problem of ‘Remnant Persons,’ hylemorphism does not. But hylemorphism's account of personhood seems to have some very implausible implications. I address one of those implications, and argue that it isn't nearly as objectionable as it might at first appear.

Bernard Gert argues that legitimate moral disagreement calls for tolerance and moral humility; when there is more than one morally acceptable course of action, then intolerance and what Gert calls “moral arrogance” would be objectionable. This article identifies some possible difficulties in distinguishing moral arrogance from moral reform and then examines Gert's treatment of abortion as a contemporary example of moral disagreement that he characterizes as irresolvable.

Three of the articles included in this issue of the Journal of Medicine and Philosophy - Ron Amundson and Shari Tresky's "On a Bioethical Challenge to Disability Rights"; Rachel Cooper's "Can It Be a Good Thing to Be Deaf?"; and Mark T. Brown's "The Potential of the Human Embryo" - interact (in various ways) with the concepts of disability, humanity, and personhood and their normative dimensions. As one peruses these articles, it becomes apparent that terms like "disability," "human being," and (...) "person" carry with them great normative significance. There is, however, much disagreement concerning both the definition and the extension of such terms. This is significant because different terms and definitions are associated with different sets of normative requirements. In what follows we reconstruct the argument of each of the articles, and then offer some brief critical analysis intended to stimulate further thought about and discussion of the issues that each raises. (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)

Amongst traditionally-available frameworks within which end-of-life decisions in Intensive Care Units (ICU) are situated, we favour Ordinary versus Extra-ordinary care distinctions as the most helpful. Predicated on this framework, we revisit the concepts of personhood and autonomy. We argue that a full account of personhood locates its foundation in relationships with others, rather than merely in “rationality”. A full account of autonomy also recognises relationships with others, as well as the actual reality of the patient’s situation-in-the-world. The fact that, when (...) critically ill, the patient may no longer be able to take an active role in decision-making does not bring about the end of their personhood, or of their autonomy. Because the patient’s autonomy is intimately linked to their relationships with others, once critical illness supervenes, respect for their autonomy devolves to those others with whom the patient is in relationship. In practical application, this means that there must be a dialogue, as the end-of-life of the critically-ill patient in ICU comes into view. Such dialogue should be grounded on this understanding in order to conform best to moral philosophical principles. Ideally the dialogue will involve all those with whom the patient is in relationship and, practical difficulties within an ICU notwithstanding, will aim to be inclusive, non-coercive and reflective as it seeks to maximise the good of the patient in their unique context. (shrink)

As little as a decade ago most moral philosophers still believed that the exercise of their craft did not include defending positions on actual moral problems. More recently they have come to their senses, one happy result being a spate of articles in the last few years on the subject of abortion. These discussions have contributed much toward an understanding of the abortion issue, but for the most part they have not attempted a full analysis of the morality of abortion. (...) Such an analysis is too large a task for a single paper, but a sketch of it will be undertaken here, the details to be filled in elsewhere. (shrink)

The morality of embryonic stem cell research depends on the moral status of human embryos. I defend the interest view against some of Don Marquis's objections, and show that on his own Valuable Futures account, ESCR is morally permissible.

Technological progress may eventually produce sophisticated robots with human-like traits that result in humans forming meaningful relationships with them. Such relationships would likely lead to a demand for human–artificial intelligence matrimony. U.S. Supreme Court decisions that expanded the definition of marriage to include interracial and same-sex couples, as well as those that have not extended marriage to polygamous relationships, provide guidance regarding the criteria that human–AI would have to meet to successfully assert a right to marry. Ultimately, robots will have (...) to possess certain characteristics of personhood to marry, including the capacity to contract and to engage in an intimate relationship. Alternatively, if AIs can simulate these abilities sufficiently, we may believe that they have these capacities. Even if AIs genuinely possess the capabilities necessary to enter into a marriage, it is social acceptance of intelligent non-humans as life partners that will likely influence legal development is this realm rather than personhood criteria. However, AIs are likely to face bias due to their “artificial” rather than biological nature. Yet, Peter Singer’s influential argument regarding speciesism in the context of animal rights implies that AIs with specific human-like qualities cannot be justifiably denied certain rights. (shrink)

This study is a contribution to the bioethical debate about new and possibly emerging reproductive technologies. Its point of departure is the intuition, which many people seem to share, that using such technologies to select non-disease traits – like sex and emotional stability - in yet unborn children is morally problematic, at least more so than using the technologies to avoid giving birth to children with severe genetic diseases, or attempting to shape the non-disease traits of already existing children by (...) environmental means, like education. The study employs philosophical analysis for the purpose of making this intuition intelligible and judging whether it is justified. Different ways in which the moral problems posed by reproductive technologies are often framed in bioethical debates are criticised as inadequate for this task. In particular, it is argued that the intuition cannot fully be made sense of in terms of harm to the children that such technologies help create. The study attempts to elaborate an alternative to that broadly consequentialist approach, by drawing on Martin Heidegger’s philosophy of technology, Hans Jonas’s ethics, and Aristotle’s practical philosophy, as it has been received and developed in the hermeneutical tradition. It is suggested that reproductive choices, unlike decisions for already born children, are characterised by a peculiar one-sidedness: the future child appears to the parents as something wholly theirs to decide about, not as a concrete other with whom they must interact in a responsive and attuned way. This is problematic because it means that such choices cannot call upon the particularised moral understanding only gained in interpersonal encounters. In particular, it makes them easily shaped by various tendencies, to which parents are always susceptible, to relate to children in instrumentalising ways, and at risk of reinforcing such tendencies. However, this does not mean that all uses of reproductive technologies are equally troubling. When selecting against severe disease the parents can rely on a widely shared illness experience to escape the dangers that one-sidedness involves. It is concluded that the intuition under discussion, thus explicated and in some ways qualified, makes sense morally. (shrink)

This paper uses the advent of human-animal hybrids, created though somatic cell nuclear transfer experiments in America and Australia, as a tool to deconstruct and challenge the dualistic belief that humans are morally distinct and superior to animals. The view that moral value corresponds to species membership creates a scientific and cultural environment that prohibits or restricts human embryo experimentation whilst permitting the extensive use of animals for research. The dualistic premise therefore motivates the creation of human-animal hybrids for research (...) as a way for scientists to side-step restrictive legislation. Furthermore, ethical frameworks that incorporate the dualistic assumption have been incapable of objectively assessing the moral value of hybrid embryos. This failure indicates the arbitrariness of the moral dichotomy between animals and humans. Moral dualism, based on species membership, should be replaced with a liberal ethical framework based on a consistent standard such as interests. (shrink)

Giubilini and Minerva ask why birth should be a critical dividing line between acceptable and unacceptable reasons for terminating existence. Their argument is that birth does not change moral status in the sense that is relevant: the ability to be harmed by interruption of one's aims. Rather than question the plausibility of their position or the argument they give, we ask instead about the importance to scholarship or policy of publishing the article: does it to any extent make a novel (...) or needed addition to the literature? Giubilini and Minerva's argument is remarkably similar to one advanced by Michael Tooley in ‘Abortion and Infanticide,’ almost 40 years ago. There have been immense changes in the intervening 40 years: in the ability to diagnose conditions early in pregnancy, in genetics and in the availability of in vitro fertilization; in understanding of the capabilities of persons with disabilities; in law; in economic support and access to healthcare for pregnant women and their children; in social customs and arrangements; and even in philosophy, with developments in feminist thought, bioethics and cognitive science. Some of these changes have been for the better, but others, such as the unravelling of social safety nets, have arguably been for the worse. Any or all of these changes might give rise to moral reasons for the relevance of birth that were not available 40 years ago. These changes might also be relevant to the identification of cases, if any, in which ‘after-birth abortion’ might be considered. If context is relevant to the applicability of moral reasons—as for theorists of justice in the non-idealised world it surely should be—it is questionable whether a view of the birth-line that ignores contextualising change can be adequate. (shrink)

Abrevando de la filosofía de la mente y de la ética filosófica, el perceptualismo moral argumenta que podemos tener experiencias perceptuales de propiedades morales, como “bueno” o “malo”, de la misma forma en que tenemos experiencias perceptuales de colores y formas. Es decir: el perceptualismo moral argumenta que podemos, literal, directa y simplemente ver la maldad, por ejemplo. A pesar de su amplio campo de estudio, estas perspectivas se han topado con objeciones formidables, como la objeción de las apariencias o (...) las críticas de corte humeano, para las cuales no se han dado respuestas satisfactorias. Este texto se propone sostener que gran parte de los problemas a los que se enfrenta el perceptualismo moral son producto de una vaga caracterización de las propiedades morales a las que pretendidamente se aplica la percepción, y postular un tipo de propiedad alternativa que pueda ser, al mismo tiempo, moralmente relevante y aprehensible por la experiencia perceptual. Para ello, se van a postular las llamadas propiedades de persona como opción alternativa, y se fundamentará su valor ético y su pertinencia para el perceptualismo moral mediante la noción de superveniencia ética. Se destacará que esta ruta merece ser explorada en virtud de su potencial para superar las críticas usuales que se le oponen al perceptualismo moral. (shrink)

This dissertation explores some objections to natural law theory- many of which are also leveled against contemporary naturalism. Despite the way the natural law tradition has fallen into disrepute in much of the American academy, this dissertation defends a classical Thomistic approach to natural law from some modern and contemporary criticisms. It begins with a brief explanation of the theory of natural law that will be defended from these contemporary objections. Chapter three examines G.E. Moore and David Hume's classical problems (...) posed to natural law, along with some contemporary defenders of Moore's position. These arguments are purported to undermine using human nature as a basis for ethics. Chapter four considers how moral relativism, especially the form given by Gilbert Harmon and David Wong, offers a unique challenge to natural law that must be answered and one that seems to undermine any ethical theory than any account relying on human nature. Chapter five explores the relation between neo-naturalism and natural law. Although neo-naturalism is a position often thought of as opposed to natural law, the two share many similarities in the positions they oppose. The last chapter examines how natural law reasoning is used in making medical decisions. The overarching thesis is that, insofar as natural law is coherent and answers many major criticisms, the proposal to reexamine this ethical theory stands as viable. (shrink)

The University of Michigan conference “Where Religion, Policy, and Bioethics Meet: An Interdisciplinary Conference on Islamic Bioethics and End-of-Life Care” in April 2011 addressed the issue of brain death as the prototype for a discourse that would reflect the emergence of Islamic bioethics as a formal field of study. In considering the issue of brain death, various Muslim legal experts have raised concerns over the lack of certainty in the scientific criteria as applied to the definition and diagnosis of brain (...) death by the medical community. In contrast, the medical community at large has not required absolute certainty in its process, but has sought to eliminate doubt through cumulative diagnostic modalities and supportive scientific evidence. This has recently become a principal model, with increased interest in data analysis and evidence-based medicine with the intent to analyze and ultimately improve outcomes. Islamic law has also long employed a systematic methodology with the goal of eliminating doubt from rulings regarding the question of certainty. While ample criticism of the scientific criteria of brain death (Harvard criteria) by traditional legal sources now exists, an analysis of the legal process in assessing brain death, geared toward informing the clinician’s perspective on the issue, is lacking. In this article, we explore the role of certainty in the diagnostic modalities used to establish diagnoses of brain death in current medical practice. We further examine the Islamic jurisprudential approach vis-à-vis the concept of certainty (yaqīn). Finally, we contrast the two at times divergent philosophies and consider what each perspective may contribute to the global discourse on brain death, understanding that the interdependence that exists between the theological, juridical, ethical, and medical/scientific fields necessitates an open discussion and active collaboration between all parties. We hope that this article serves to continue the discourse that was successfully begun by this initial interdisciplinary endeavor at the University of Michigan. (shrink)

Re-Reading: Judith Jarvis Thompson, 'A Defense of Abortion'.

After rejecting Carruthers' conflation of levels of consciousness as implausible and conceptually muddled, and Carruthers' claim that nonhumans are automata as undermined by evolutionary and ethological considerations, we develop a general criticism of contemporary philosophical approaches which, though recognizing nonhuman consciousness, still see animals as mere receptacles of experiences. This is, we argue, due to the fact that, while in the case of humans we grant a self - something that has not only a descriptive but also a prescriptive side, (...) requiring at least non-interference - in the case of nonhumans we focus only on the descriptive aspects. Consequently, we treat humans as equals whatever their capacities, but we order nonhumans in a hierarchy based on their cognitive level. We conclude that such double standards are not only inconsistent but also self-serving. (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)

The main trends underlying advancements in AI technology are increased autonomy, increased functionality, higher level social interaction and integration, and, many suggest, hard-wired ethical codes of conduct. These trends, along with the promises of engineers and scientists, give us ample reason to evaluate the agency of future AI machines.

Jon Shields's finding—that certain evangelical pro‐life activist groups are more interested in deliberative discussions about abortion than are pro‐choice activists—is wrong on methodological, normative, and philosophical grounds. He generalizes about pro‐life civility from a small, trained sample group, and ignores possibly important variables that would explain pro‐choicers' incivility. Further, politeness is not necessarily a requirement of democratic deliberation—which entails not forcing one's own beliefs on the public, as pro‐lifers manifestly are trying to do, despite their calm demeanor. Conversely, some pro‐choicers' (...) refusal to engage in debates is not a deliberative failure, as Shields suggests, as deliberation includes such things as campaigning and canvassing. Lastly, Shields, and the pro‐lifers he has observed, use the weakest of the pro‐choice arguments, instead of focusing on the best academic work in the field. (shrink)

The author argues that individuality does not require indivisibility and that twinning can be explained as the reprogramming of blastomeres that already have begun to differentiate in accordance with the needs of the unified organism that originates at conception.

This article approaches the problem of multifetal pregnancy reduction from a moral perspective. It is one of many complex moral issues arising from reproductive technology and is one with which midwives and nurses are faced more frequently with advancing technology. The work is intended to be used as an educational tool for those who prepare tomorrow’s nurses and midwives. The subject is discussed from three perspectives, the pregnant woman and her partner (clients), a midwife, and from a philosophical ethical perspective. (...) In an attempt to introduce a degree of reality, the perspective of the clients is presented as a dialogue. The midwife’s moral position and her professional difficulties are also discussed. The dialogue and discussion are supplemented with notes in which the issues raised by the characters are critically analysed and discussed. This article is designed to encourage reflection and critical thinking in tomorrow’s health care professionals, and in those who have the responsibility of educating them for a future where reproductive technology is posed to generate more major moral quandaries. (shrink)