(2011). An Obscure Rider Obstructing Science: The Conflation of Parthenotes with Embryos in the Dickey–Wicker Amendment. The American Journal of Bioethics: Vol. 11, No. 3, pp. 20-28.

Are there persuasive approaches to embryonic stem cell (ESC) research that appeal, not just to those fellow-citizens in one’s own ideological camp, nor just to those undecided citizens in the middle, but to those citizens on the other side of the issue? I believe that there are such arguments and in this short paper I try to develop one of them. In particular, I argue that certain beliefs shared by some proponents and some opponents of ESC research—beliefs about the personal (...) identity and moral status of those who are victims of terrible brain diseases—are beliefs that should lead us to adopt a qualified endorsement of ESC research. (shrink)

The Non-Identity Problem is the problem of explaining the apparent wrongness of a decision that does not harm people, especially since some of the people affected by the decision would not exist at all were it not for the decision. One approach to this problem, in the context of reproductive decisions, is to focus on wronging, rather than harming, one's offspring. But a Non-Person Problem emerges for any view that claims (1) that only persons can be wronged and (2) that (...) the person-making properties allow for there to be human non-persons. Consider an individual human organism that is prevented from ever possessing the person-making properties. On person-only accounts of the victims of wronging, this organism cannot be wronged by anyone. Hence even individuals whose decisions prevent it from ever possessing the person-making properties cannot wrong it. But this is counter-intuitive. We can think of examples where a human organism is wronged by precisely those decisions that prevent it from possessing the person-making properties. The best solution to this problem, in the case where the person-making property is rational self-governance in pursuit of a meaningful life, is to adjust the concept of a person so that it refers, not merely to those with the immediate capacity for rational self-governance in pursuit of a meaningful life, but also to those with a higher-order capacity for such self-governance. Any solution to the Non-Identity Problem that focuses on wronging rather than harming should incorporate this sort of solution to the Non-Person Problem. (shrink)

ABSTRACT Massimo Reichlin, in an earlier article in this journal, defended a version of the ‘argument from potential’ (AFP), which concludes that the human embryo should be protected from the moment of conception. But R. Alta Charo, in her essay entitled ‘Every Cell is Sacred: Logical Consequences of the Argument from Potential in the Age of Cloning’, claims that versions of the AFP like Reichlin’s are vulnerable to a rather embarrassing problem: with the advent of human cloning, such versions of (...) the AFP entail that every somatic cell in the human body ought to be protected. Since this entailment is clearly absurd, Charo argues, these versions of the AFP should be rejected. I argue that the reasons Charo cites for believing in this entailment are inconclusive. For example, the four reasons she gives for doubting any differences between the nature of skin cells and zygotes are ultimately unconvincing. Against Charo, I maintain that there is a relevant distinction between the sort of potential possessed by the somatic cell and the sort of potential possessed by the early human embryo. Since only the latter sort of potential falls within the scope of the AFP, the alleged absurd entailment Charo invites us to consider is no entailment at all. Hence the AFP cannot be rejected on the grounds Charo advances. Even in an age of cloning, the claim that some cells are ‘sacred’ because of their potential does not entail the claim that every cell is sacred. (shrink)