This paper shows that even if the mental states of non-human animals lack phenomenological properties, as some accounts of mental-state consciousness imply, this need not prevent those states from being appropriate objects of sympathy and moral concern. The paper argues that the most basic form of mental (as opposed to biological) harm lies in the existence of thwarted agency, or thwarted desire, rather than in anything phenomenological.

The article addresses the potential impact of functional brain imaging (functional magnetic resonance imaging and positron-emission tomography) on surrogate end-of-life decision-making in light of varying state-law definitions of consciousness, some of which define awareness behaviorally and others functionally. The article concludes that, in light of admonitions by neuroscientists that functional brain imaging cannot yet replace behavioral evaluation to determine the existence of consciousness, state legislatures, courts and drafters of written advance healthcare directives should consider treating behavior, not function, as the (...) touchstone for end-of-life decision-making. (shrink)