It is generally accepted that the normative idea of personhood is central to African moral thought, but what has not been done in the literature is to explicate its relationship to the Western idea of rights. In this article, I investigate this relationship between rights and an African normative conception of personhood. My aim, ultimately, is to give us a cursory sense why duties engendered by rights and those by the idea of personhood will tend to clash. (...) To facilitate a meaningful philosophical discussion, I locate this engagement in the context of a debate between Ifeanyi Menkiti and Kwame Gyekye about the nature of Afro-communitarianism, whether it will ground rights as primary or secondary. I endorse Menkiti’s stance that duties are primary and rights secondary; and, I also problematize moderate communitarianism for taking a Western stance by employing a naturalist approach to rights. (shrink)

Kagan argues that human beings who are neither persons nor even potential persons — if their impairment is independent of genetic constitution — are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning — that he judges too quickly that insentient beings can have (...) interests — before engaging the appeal to modal personhood. I challenge the thesis that modal personhood is relevant to one's moral status, first, by way of analogy to a kicker who misses a field goal though he might have made it; second, by casting doubt on implications for two impaired infants ; and, finally, by examining implications for dogs who would count as modal persons when genetic enhancements are capable of transforming them into persons. (shrink)

This paper examines how three central aspects of personhood — the capacities of individuals, their normative status, and the social aspect of being recognized — are related, and how personhood depends on them. The paper defends first of all a ‘basic view’that while actual recognition is among the constitutive elements of full personhood, it is the individual capacities (and not full personhood) which ground the basic moral and normative demands concerning treatment of persons. Actual recognition depends (...) analyti- cally on such pre-existing normative requirements: it is a matter of responsiveness to them. The paper then discusses four challenges. The challenges claim that pace the basic view, the relevant capacities depend on recognition, that recognition seems to have normative rele- vance, and that the basic view cannot as such explain the equality either of persons, or of humans. Responding to these challenges amounts to refining the basic view accordingly. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

A closer look at the theories and questions in philosophy of technology and ethics of technology shows the absence and marginality of non-Western philosophical traditions in the discussions. Although, increasingly, some philosophers have sought to introduce non-Western philosophical traditions into the debates, there are few systematic attempts to construct and articulate general accounts of ethics and technology based on other philosophical traditions. This situation is understandable, for the questions of modern sciences and technologies appear to be originated from the West; (...) at the same time, the situation is undesirable. The overall aim of this paper, therefore, is to introduce an alternative account of ethics of technology based on the Confucian tradition. In doing so, it is hoped that the current paper can initiate a relatively uncharted field in philosophy of technology and ethics of technology. (shrink)

Article responds to the criticism of speciesism that it is somehow less immoral than other -isms by showing that this is a mistake resting on an inadequate taxonomy of the various -isms. Criticizes argument by Bonnie Steinbock that preference to your own species is not immoral by comparison with racism of comparable level.

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...) ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)

This article proffers a personhood-based conception of a meaningful life. I look into the ethical structure of the salient idea of personhood in African philosophy to develop an account of a meaningful life. In my view, the ethics of personhood is constituted by three components, namely (1) the fact of being human, which informs (2) a view of moral status qua the capacity for moral virtue, and (3) which specifies the final good of achieving or developing a (...) morally virtuous character. In light of the ethics of personhood, I will propose the view that a meaningful life is a function of achieving moral excellence or perfection. The moral perfection proposed here, to embody a meaningful life, is of a deontological and satisficing kind. The achievement of satisfactory levels of moral excellence, within sociopolitical and moral limits, captures the essence of a meaningful life. I conclude the article by considering objections against the view proposed here. (shrink)

This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of (...) historical conditions and (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)

A review of Personhood, Ethics, and Animal Cognition: Situating Animals in Hare’s Two-Level Utilitarianism, by Gary E. Varner. New York, NY: Oxford University Press, 2012. Pp. xv + 336. H/b £40.23. and The Philosophy of Animal Minds, edited by Robert W. Lurz. New York, NY: Cambridge University Press, 2009. Pp. 320. P/b £20.21.

This article ascertains what philosophical implications can be drawn from the moral idea of personhood dominant in African philosophy. This article aims to go beyond the oft-made submission that this moral idea of personhood is definitive of African moral thought. It does so by advancing discourse with regards to personhood by exploring its relationship with another under-explored idea in African ethics, the idea of partialism. This article ultimately argues that the idea of personhood can be associated (...) with two (related) sorts of partialisms: agent-related and other-centered partialisms. (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded the (...) abstract right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

In a recent paper, Lee Kerckhove and Sara Waller (hereafter K & W) argue that the concept of personhood is irrelevant for the abortion debate.1 Surprisingly, this irrelevance is due merely to the fact that the predicate ‘being a person’ — hereafter ‘personhood’ — is inherently vague. This vagueness, they argue, reduces ‘personhood’ to incoherency and disqualifies the notion from being a useful moral concept. In other words, if ‘personhood’ isn’t a precise notion with well-defined boundaries, (...) then it cannot be of any use in the debate over the permissibility of abortion. This argument is mistaken. While it may be true that ‘personhood’ is irrelevant for the debate over abortion (a substantive issue not dealt with in this paper), it is not true that ‘personhood’ should be disqualified merely because it is vague. Section 2 of the paper is a quick survey in which I briefly review the importance of ‘personhood’ in some of the more recent literature concerning the moral status of abortion. Section 3 is a reconstruction of K & W’s argument against the relevancy of ‘personhood’ and a criticism showing why their argument fails. Section 4 approaches the use of a vague predicate in moral debate and explores the application of ‘personhood’ given three contemporary solutions to vagueness: degree theory, epistemicism and supervaluationism. (shrink)

Authors from all over the world unite in an effort to cultivate dialogue between Asian and Western philosophy. The papers forge a new, East-West comparative path on the whole range of issues in Kant studies. The concept of personhood, crucial for both traditions, serves as a springboard to address issues such as knowledge acquisition and education, ethics and self-identity, religious/political community building, and cross-cultural understanding. Edited by Stephen Palmquist, founder of the Hong Kong Philosophy Café and well known for (...) both his Kant expertise and his devotion to fostering philosophical dialogue, the book presents selected and reworked papers from the Kant in Asia conference, held in Hong Kong in May 2009. In addition to keynote essays by Patricia Kitcher (Columbia), Günter Wohlfart (Wuppertal), and Cheng Chung-ying (Hawaii), the book contains 64 contributed essays. The latter include contributions from Andrew Brook, David Cummiskey, Rainer Enskat, Wolfgang Ertl, Hans Feger, Klaus-Gerd Giesen, Ronald Green, Martin Moors, Ulrich Seeberg, Susan Shell, Rein Vos, Günter Zoeller, and numerous Asian philosophers. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

I present Ned Markosian's episodic account of identity under a sortal, and then use it to sketch a new model of the Trinity. I show that the model can be used to solve at least three important Trinitarian puzzles: the traditional ‘logical problem of the Trinity’, a less-discussed problem that has been dubbed the ‘problem of triunity’, and a problem about the divine processions that has been enjoying increased attention in the recent literature.

Consider a binary afterlife, wherein some people go to Heaven, others to Hell, and nobody goes to both. Would such a system be just? Theodore Sider argues: no. For, any possible criterion of determining where people go will involve treating very similar individuals very differently. Here, I argue that this point has deep and underappreciated implications for moral philosophy. The argument proceeds by analogy: many ethical theories make a sharp and practically significant distinction between persons and non-persons. Yet, just like (...) in the binary afterlife, this involves treating very similar individuals very differently. I propose two ways out. The first is to deny that such theories are strictly speaking true, but to claim that it is practically best if people adopt them. The second is to modify such theories so as to allow for continuous variation in the scope and strength of the moral obligations arising from personhood. (shrink)

There is a gap between the first-person and third-person perspectives resulting in a tension experienced between psychological science, ‘experimental psychology’, and applied consulting psychological practice, ‘clinical psychology’. This is an exploration of that ‘gap’ and its resulting tension. First-person perspective is proposed as an important aspect of psychological reality in conjunction with the related perspectival aspects of second- and third-person perspectives. These three aspects taken ‘wholistically’ constitute a perspectival diffusion grate through which psychological reality is discerned. The reductionistic naturalism of (...) scientifically apprehended reality is examined for the powerful resistances that impedite utilizing perspective in psychological investigations with consequences for our understanding of psychological reality. The impediments constructed by Quine, Sellars, Dennett, Metzinger, and cognitive psychology are all examined for their robust intractability to first-person perspective or anything that might seem similar. The conclusion suggested is that they all result from a ‘scientific near-sightedness’ of a strict naturalism. The result is that any intentionally dependent objects that are real in the lives of persons are eliminated as not real with no ontological significance. The assertion is that ordinary things such as car keys and employment are real and are ontologically significant. (shrink)

Commentary on Shawn Thompson's "Supporting Ape Rights". My response to Wise’s and Thompson’s strategy is two-fold: 1) personhood is neither strictly deter-mined by cognitive facts nor fruitfully construed in Kantian terms, and 2) personhood is not what matters when it comes to animal protection. To conclude, 3) I hint at an alternative, or complementary, avenue for change.

If language is to serve the basic purpose of communicating our attitudes, we must be constructed so as to form beliefs in those propositions that we truthfully assert on the basis of careful assent. Thus, other things being equal, I can rely on believing those things to which I give my careful assent. And so my ability to assent or dissent amounts to an ability to make up my mind about what I believe. This capacity, in tandem with a similar (...) capacity in respect of other attitudes, supports three important lessons. It means that I can know what I believe by seeing what commands my assent, that I can put aside the possibility of error in committing myself to holding such a belief, and that I can therefore perform as a person: I can organize my mind around commitments to which others are invited to hold me. (shrink)

Why is recognition of such an importance for humans? Why should lack of recognition motivate people to fight or work for recognition? In this article, I first discuss shortly Axel Honneth's psychologizing strategy for answering these questions, and suggest that the psychological harms of lack of recognition pointed out by Honneth are neither sufficient nor necessary for motivation to fight or work for recognition to arise. According to the alternative that I then spell out, recognition and lack of it are (...) so intimately intertwined with some of the most fundamental and intuitively appealing facts about what it is to be a person in a full-fledged sense — arguably in any culture — that there are reasons to be optimistic about a more or less universal existence of latent motivation to fight or work for more or more equal recognition. (shrink)

With his 1998 book, In Nature’s Interests? Gary Varner proved to be one of our most original and trenchant of environmental ethicists. Here, in the first of a promised two volume set, he makes his mark on another field, animal ethics, leaving an even deeper imprint. Thoroughly grounded in the relevant philosophical and scientific literatures, Varner is as precise in analysis as he is wide-ranging in scope. His writing is clear and rigorous, and he explains philosophical nuances with extraordinary economy (...) of expression. Never one to add an unnecessary clause to a sentence, Varner nonetheless constructs a formidable edifice while always dealing fairly with the authors he criticizes. His explication of the properties and moral status of what he calls near-persons is a crucial addition to the discussion of personhood initiated by Parfit in Reasons and Persons and subsequently applied to animals by McMahan in The Ethics of Killing. The comparison to McMahan is intentional for, to my mind, Varner vies with him as the most important animal ethicist since Singer and Regan. (shrink)

This paper introduces the concept of ‘skeuomorphic reassurance’ as a guiding principle for human interfaces in technological development and design, particularly for older people and people with dementia (PwD). Skeuomorphs exhibit decorative design elements reminiscent of ‘parent’ objects that incorporated such design elements because they were structurally integral. Human interfaces adopted by new technologies need to be carefully balanced between novelty and recognisability. -/- The philosophy of personhood is discussed in the context of dementia, concluding that the subjective character (...) of conscious mental processes is an irreducible feature of reality, and that the persistence of personhood in PwD constitutes a further argument in support of this assertion. -/- Assistive technologies that aid family and carers, as well as PwD, and their relationships, need to ensure that skeuomorphic reassurance is incorporated in their design, not least because older people and PwD need recognisable interfaces today, but, as this paper argues, because the problems today’s over-65s have with digital technologies may quite likely not go away, but re-present themselves generation after generation, unless skeuomorphic reassurance is built into their design. (shrink)

Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at (...) nine months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Many contemporary accounts of moral status consider an individual's status to be grounded in some cognitive capacity, e.g. the capacity to experience certain states, to reason morally, etc. One proposed cognitive capacity significant particularly to killing, i.e. having a status that precludes being killed absent cause, is the capacity to value one's own life. I argue that considering this a condition for moral status is a mistake, as it would lead to the exclusion of some individuals with mental health problems (...) who are generally considered clear cases. -/- While a cognitive capacities approach may turn out to be generally feasible, that particular cognitive capacity is not. In the course of this discussion I address two conceptual issues, the first regarding what it means to 'value ones life' and the second regarding what conditions must obtain for something to count as a capacity. These conceptual issues, when resolved pursuant to this account of moral status, lead the account to exclude individuals with major depressive disorder, i.e. deny that it is morally wrong to kill such individuals based on their moral status. I then argue that this is a decisive reason to reject this particular cognitive capacity as implicated in moral status. (shrink)

Stem cell research programme has been celebrated world over as the most promising medical research in the 21st century. However, the method of stem cell research involves the use and unavoidable destruction of human embryo. As a result of this, many theologians, scholars and analysts have condemned the research programme. Their argument is that the embryo use in stem cell research is human person; hence it is immoral. This paper therefore aims at analyzing and examining the issue in order to (...) establish the veracity or otherwise of the moral argument articulated against stem cell research. (shrink)

Marya Schechtman has given us reasons to think that there are different questions that compose personal identity. On the one hand, there is the question of reidentification, which concerns what makes a person the same person through different time-slices. On the other hand, there is the question of characterization, which concerns the actions, experiences, beliefs, values, desires, character traits, etc. that we take to be attributable to a person over time. While leaving the former question for another work, Schechtman answers (...) the latter question by proposing what she terms the narrative self-constitution view, whereby Schechtman claims that we account for intuitive features (moral responsibility, survival, compensation, and self-interested concern) of characterization through narratives. Still, merely having a narrative is not enough. In order to live the life of a person, an agent’s narrative must sync with the narrative told about him/her in community. This paper, while in full agreement with Schechtman’s claim regarding narratives and their ability to explain the intuitive features that regard the question of characterization, puts pressure on the latter claim. I argue that a person’s narrative is not merely one that synchs with the narrative told in community, but one that is determined by the person’s community. In focusing on Schechtman’s second claim, I appeal to the Akan conception of personhood, showing that the community sets the parameters of personal identity, and by body politics and conferring social recognition, determines the traits that we take to be attributed to a given person over time. (shrink)

At Yannaras and to Zizioulas there is an absolutization and idealization of otherness, which, together with freedom, are two fundamental attributes of personhood. Alterity acquires value and meaning only in relation with relational factors: love, fellowship and, also, being/nature. Due to the fact that, at Yannaras, nature denies apriori the person as otherness (the ratio between person and nature is defined under the aspect of: priority, inclusion, transcendence or conflict). S. Agouridic qualified both Zizioulas and Yannaras as “fighter against/opponent (...) of ousia” their ontology becoming personhood-ology. It may be however dangerous to submit the person to a “dictated or imposed otherness which reduces or diminishes the size of the identity (the common nature of people). In a conception about intersubjectivity Other is more important than Ego and dominate it, and “the dialogically element and reciprocity, which are being inherent to the intersubjectivity and to the communion between people, are inevitably reduced”. In reply to a “theology of the relationship” developed through ontology’s speculations of the person was the assertion of both Lossky, as well as Panagopoulos of meta-ontological and apophatic character of the person. (shrink)

David Lewis defends the following "non-circular definition of personhood": "something is a continuant person if and only if it is a maximal R-interrelated aggregate of person-stages. That is: if and only if it is an aggregate of person-stages, each of which is R-related to all the rest (and to itself), and it is a proper part of no other such aggregate." I give a counterexample, involving a person who is a part of another, much larger person, with a separate (...) mental life. I then offer an easy repair, which preserves the virtues of Lewis's definition without introducing any new vices. (shrink)

Hegel endorsed proofs of the existence of God, and also believed God to be a person. Some of his interpreters ignore these apparently retrograde tendencies, shunning them in favor of the philosopher's more forward-looking contributions. Others embrace Hegel's religious thought, but attempt to recast his views as less reactionary than they appear to be. Robert Williams's latest monograph belongs to a third category: he argues that Hegel's positions in philosophical theology are central to his philosophy writ large. The book is (...) diligently researched, and marshals an impressive amount of textual evidence concerning Hegel's view of the proofs, his theory of personhood, and his views on religious community.Many of... (shrink)

Performative accounts of personhood argue that group agents are persons, fit to be held responsible within the social sphere. Nonetheless, these accounts want to retain a moral distinction between group and individual persons. That: Group-persons can be responsible for their actions qua persons, but that group-persons might nonetheless not have rights equivalent to those of human persons. I present an argument which makes sense of this disanalogy, without recourse to normative claims or additional ontological commitments. I instead ground rights (...) in the different relations in which performative persons stand in relation to one another. (shrink)

Personhood is not a redundant category, but a social cluster kind. On this view, chimpanzees have their own kind of personhood profile. Seeing that chimpanzees have a personhood profile allows us to argue that chimpanzees like Tommy are individuals who deserve rights under the law. If chimpanzee personhood is a matter of public policy that needs to be decided by society, then learning more about the person profiles of chimpanzees will be essential in making this case. (...) As the public learns what scientists have come to see, and with public conversations about what counts as a person, our society can make another ethical transformation that will be recognized by the courts. But without the metaphysical personhood concept to rely on, we will have a difficult time showing that chimpanzees should count as persons under the law. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we (...) call the “structural pluralist account” of human rights. (shrink)

We notice a number of interesting overlaps between the views on personhood of Ifeanyi Menkiti and Marya Schechtman. Both philosophers distance their views from the individualistic ones standard in western thought and foreground the importance of extrinsic or relational features to personhood. For Menkiti, it is ‘the community which defines the person as person’; for Schechtman, being a person is to have a place in person-space, which involves being seen as a person by others. But there are also (...) striking differences. Schechtman sees this aspect as expanding the scope of personhood to infants and those who are severely mentally disabled. Menkiti thinks that there is a line to be drawn at some point between those humans that are persons and those who are not. We consider the cases offered in questioning how the dispute between the two views should be resolved. (shrink)

Some opponents of abortion claim that fetuses are persons from the moment of conception. Following Berg (2017), let us call these individuals “Personhood-At-Conception” (or PAC), opponents of abortion. Berg argues that if fetuses are persons from the moment of conception, then miscarriage kills far more people than abortion. As such, PAC opponents of abortion face the following dilemma: They must “immediately” and “substantially” shift their attention, resources, etc., toward preventing miscarriage or they must admit that they do not actually (...) believe that fetuses are persons from the moment of conception (or, at least, they must recognize that they are not acting in ways that are consistent with this belief). In this essay, I show that Berg’s argument fails at each step. Specifically, after outlining her argument (in section 1), I consider the central claim of Berg’s style of argument: That “miscarriage…is much deadlier than abortion.” In section 2, I argue that this claim is false (when taken literally) and misleading otherwise. In section 3, I show that Berg’s style of argument is identical in structure to a criticism that is sometimes levied against the recent “Black Lives Matter” movement. In the latter context, the argument has been vehemently rejected. I argue that Berg’s style of argument should be rejected for the same reasons. Finally, in section 4, I show that Berg’s suggestion that opponents of abortion should divert “substantial” amounts of money and attention to miscarriage prevention faces two problems. First, these claims are made without any evidence regarding the actual priorities and spending habits of PAC opponents of abortion. If we are told “not enough is being done,” one wonders: What is being done and how much counts as “enough”? Berg gives no answer to either question. Second, even if it is true that opponents of abortion do not pay substantial attention to miscarriage prevention, Berg fails to notice that this may be for good reason. I conclude that PAC opponents of abortion do not face the dilemma that Berg presents. (shrink)

[PERSONHOOD IN AFRICAN PHILOSOPHY]. W artykule została omówiona i poddana analizie debata między dwoma współczesnymi afrykańskimi filozofami Ifeanyim A. Menkitim z Nigerii oraz Kwame Gyekyem z Ghany. Debata ta dotyczy typowych dla niektórych afrykańskich kultur sposobów myślenia o istocie człowieczeństwa, tj. o byciu człowiekiem (osobą, person). Prezentowane przez tych filozofów koncepcje nie odnoszą się do żadnych konkretnych afrykańskich ludów, lecz raczej są pewnymi wzorcami idealnymi, czy też abstrakcyjnymi. Zdaniem Menkitiego w tradycyjnym myśleniu afrykańskim jednostka (individual) stopniowo nabywa pełnię człowieczeństwa (...) w oczach swojej wspólnoty wpierw poprzez internalizację obowiązujących w niej norm, a następnie przez ich przestrzeganie w dorosłym życiu. Jak wskazuje, Afrykanin jest przy tym człowiekiem bardziej w przekonaniu i w odbiorze innych niż w swoim własnym. Ale nawet jego własne przeświadczenie o byciu człowiekiem jest kreowane przez myślenie zbiorowe. Z taką perspektywą nie zgadza się Gyekye, który uważa, że człowieczeństwo nie jest u Afrykanów czymś konstytuowanym bądź potwierdzanym przez zbiorowość. W przekonaniu Gyekyego, w myśleniu afrykańskim człowieka czynią pewne symptomatyczne dlań z natury atrybuty fizyczne i umysłowe oraz towarzyszący im instynkt społeczny (sociality), który, jak mniema, jest również przyrodzony. Choć Afrykanin jest, według Gyekyego, bytem głęboko wspólnotowym, posiada również pewien potencjał niezależności od wspólnoty (lokalnej, etnicznej, religijnej), której jest członkiem. Z opisu Menkitiego wynika zaś, że przeciętny Afrykanin nie jest aktywnym sprawcą rzeczywistości i indywidualnym interpretatorem świata, w którym żyje. Artykuł opublikowany w: "Przegląd Filozoficzny. Nowa Seria", nr 3 [71]: Status człowieka. Problemy filozoficzne, naukowe i religijne, red. Jacek Hołówka, s. 259-282. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, what (...) they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

The concept of recognition (Anerkennung in German) has been in the center of intensive interest and debate for some time in social and political philosophy, as well as in Hegel-scholarship. The first part of the article clarifies conceptually what recognition in the relevant sense arguably is. The second part explores one possible route for arguing that the „recognitive attitudes‟ of respect and love have a necessary role in the coming about of the psychological capacities distinctive of persons. More exactly, it (...) explores the possibility that they are necessary in the kind of intersubjective relationship in which normal human infants engage in the pre-linguistic communicative practice of pointing things to others, as described by Michael Tomasello. If an incapacity to participate in the already Gricean communicative practices of pointing makes it also impossible for the infant to learn symbolic communication, and if without the immediately intrinsically motivating other-regarding attitudes of recognition communicative pointing does not get off the ground (at least among the most intelligent animals currently known to exist), then the capacity for recognition may be a decisive difference between humans and their closest non-human relatives. That is, it may be why only human infants, but no other animals, are capable of embarking on a developmental journey that normally leads to full-fledged psychological personhood. If this is so, then the concept of recognition, today mostly discussed in social and political philosophy and Hegel-studies, could turn out to be a very useful tool in cognitive scientific work interested in specifically human forms of social intentionality, cognition, volition and so forth. (shrink)

Prominent non-speciesist attempts to determine the amount of moral standing properly attributable to conscious beings argue that certain non-human animals should be granted the highest consideration as self-conscious persons. Most of these theories also include a lesser moral standing for the sentient, or merely conscious, non-person. Thus, the standard approach has been to advocate a two-tiered theory—'sentience' or 'consciousness' and 'self-consciousness' or 'personhood'. While the first level seems to present little interpretative difficulty, the second has recently been criticized as (...) a rather obscurantist label. For it would seem, both on empirical and conceptual grounds, that selfconsciousness/personhood comes in degrees. If these observations are at all revealing, they indicate that the two-tiered model is inadequate. This is the view I will support here, replacing the standard dichotomy with a more accurate seven-tiered account of cognitive moral standing adaptable to all three major perspectives of moral reasoning, namely, utilitarianism, deontology and virtue ethics. (shrink)

A dramatic problem facing the concept of the self is whether there is anything to make sense of. Despite the speculative view that there is an essential role for the perceiver in measurement, a physicalist view of reality currently seems to be ruling out the conditions of subjectivity required to keep the concept of the self. Eliminative materialism states this position explicitly. The doctrine holds that we have no objective grounds for attributing personhood to anyone, and can therefore dispense (...) with the concept. That implication would require us to dispense with many of the most basic commitments of our manifest or common sense image of the world. And it would require us to abandon, to maintain as an act of bad faith, or radically to adjust, virtually every significant basic commitment underlying the variety of traditions that have evolved historically from the (natural) platform of common sense. Daniel Dennett’s sympathies seem to be divided over this issue. He is reluctant to eliminate the most fundamental linguistic-conceptual-institutional commitments that have evolved from common sense. Yet, I will argue, the basis of his support for these, beneath the surface of his rhetoric, is a mirage. His view of persons and related (intentional) concepts is a case in point. In place of the eliminative materialist position, Dennett recommends that we regard the self as a highly useful “theorist’s fiction.” He adopts a similar epistemic stance toward intention, belief, mind, and so on. In this paper I aim to show that Dennett’s recommendation is based on a subtle version of the dualism of subject and object (or scheme and content), which he seems to agree that we should transcend. Against Dennett’s view of the self as a “theorist’s fiction,” I argue in favour of a version of Donald Davidson’s realist thesis that, once we properly appreciate the significance of abandoning this pervasive dualism, we can maintain the self and associated intentional items – belief, mind, and so on – within a thoroughly realist ontology. (shrink)