We admire Heyes's attempt to develop a mechanistic account of norm cognition. Nonetheless, her account leaves us unsure of whom Heyes counts as normative agents, and on what grounds. Therefore we ask a series of questions designed to clarify which features of Heyes's account she thinks are necessary and sufficient for norm cognition.

In response to my argument against Aristotle’s claim that humans are more political than other animals, Edward Jacobs counters that the evidence I use from cognitive ethology and my application of evolutionary principles fail to demonstrate that other animals are as political as humans. Jacobs furthermore suggests that humans are more political than other animals by pointing to the political variation in human communities. In this article, I defend my use of evolutionary principles and my interpretation of anecdotes from cognitive (...) ethology, while challenging Jacobs’s assertion that human political variation implies that humans are more political than other animals. (shrink)

According to what Birch (2022) calls the theory-heavy approach to investigating nonhuman-animal consciousness, we select one of the well-developed theories of consciousness currently debated within contemporary cognitive science and investigate whether animals exhibit the neural structures or cognitive abilities posited by that theory as sufficient for consciousness. Birch argues, however, that this approach is in general problematic because it faces what he dubs the dilemma of demandingness—roughly, that we cannot use theories that are based on the human case (...) to assess consciousness in nonhuman animals and vice versa. We argue here that, though this dilemma may problematize the application of many current accounts of consciousness to nonhuman animals, it does not challenge the use of standard versions of the higher-order thought theory (“HOTT”) of consciousness, according to which a creature is in a conscious mental state just in case it is aware of being in that state via a suitable higher-order thought (“HOT”). We show this in two ways. First, we argue that, unlike many extant theories of consciousness, HOTT is typically motivated by a commonsense, and more importantly, neutral condition on consciousness that applies to humans and animals alike. Second, we offer new empirical and theoretical reasons to think that many nonhuman animals possess the relevant HOTs necessary for consciousness. Considering these issues not only reveals the explanatory power of HOTT and some of its advantages over rival accounts, but also enables us to further extend and clarify the theory. (shrink)

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as varied as (...) the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

It is generally assumed that humans are the only animals who can possess a concept of death. However, the ubiquity of death in nature and the evolutionary advantages that would come with an understanding of death provide two prima facie reasons for doubting this assumption. In this paper, my intention is not to defend that animals of this or that nonhuman species possess a concept of death, but rather to examine how we could go about empirically determining whether animals (...) can have a concept of death. In order to answer this question, I begin by sketching an account of concept possession that favours intensional classification rather than mere extensional discrimination. Further, I argue that the concept of death should be construed as neither binary nor universal. I then present a proposal for a set of minimal conditions that must be met to have a concept of death. I argue that having a minimal understanding of death entails first expecting a dead individual to be alive, and then grasping its non-functionality and irreversibility. Lastly, I lay out the sort of observational and experimental evidence that we should look for to determine whether animals have the capacity for a minimal comprehension of death. (shrink)

Considerations of nonhuman animal moral agency typically base their reasoning and (very often negative) verdict on a capacity‐focused approach to moral agency. According to this approach, an entity is a moral agent if it has certain intrapersonal features or capacities, typically in terms of conscious reflection and deliberation. According to a practice‐focused notion of moral agency, however, an entity is a moral agent in virtue of being a participant of a moral responsibility practice (MRP). I argue that a (...) practice‐focused approach to moral agency, combined with empirical evidence from research on canid social play and cognition, with support from The Function Argument, makes the notion of nonhuman animal moral agency more likely than usually indicated. However, the support is not absolute, as the practice‐focused approach itself may be put into question. I describe how this objection prompts us to critically assess any empirical, metaethical, or normative assumptions on these matters. These questions, in turn, raise a number of further questions of how we should conceive of, use, and evaluate whatever standards of moral agency we adopt. (shrink)

Kant holds that some nonhuman animals “are acquainted with” objects, despite lacking conceptual capacities. What does this tell us about his theory of human cognition? Numerous authors have argued that this is a significant point in favour of Nonconceptualism—the claim that, for Kant, sensible representations of objects do not depend on the understanding. Against this, I argue that Kant’s views about animal minds can readily be accommodated by a certain kind of Conceptualism. It remains viable to think (...) that, for Kant, humans’ sensible representations necessarily represent objects as temporally structured in ways that allow us to have thoughts about them, and such representations are produced, and could only be produced, by the understanding. This allows Conceptualists to maintain that humans’ sensible representations depend on the understanding, while accepting that animals have sensible representations of objects too. We must, therefore, reassess both the warrant for Nonconceptualism and the shape Conceptualist readings must take. (shrink)

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is (...) growing that healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

Experimenters claim some nonhuman mammals have metacognition. If correct, the results indicate some animal minds are more complex than ordinarily presumed. However, some philosophers argue for a deflationary reading of metacognition experiments, suggesting that the results can be explained in first-order terms. We agree with the deflationary interpretation of the data but we argue that the metacognition research forces the need to recognize a heretofore underappreciated feature in the theory of animal minds, which we call Unity. The (...) disparate mental states of an animal must be unified if deflationary accounts of metacognition are to hold and untoward implications avoided. Furthermore, once Unity is acknowledged, the deflationary interpretation of the experiments reveals an elevated moral standing for the nonhumans in question. (shrink)

There have been several recent attempts to think about psychological kinds as homologies. Nevertheless, there are serious epistemic challenges for individuating homologous psychological kinds, or cognitive homologies. Some of these challenges are revealed when we look at competing claims of cognitive homology. This paper considers two competing homology claims that compare human anger with putative aggression systems of nonhuman animals. The competition between these hypotheses has been difficult to resolve in part because of what I call the boundary problem: (...) boundaries between instances of psychological kinds (e.g., anger and fear) cannot be directly observed. Thus, there are distinctive difficulties for individuating psychological kinds across lineages. I draw four conclusions from this case study: First, recent evidence from the neuroscience of fear suggests that one of the proposed homologies involves a straightforward conflation of anger and fear. Second, this conflation arises because of the boundary problem. Third, there is an implicit constraint on the operational criteria that is easy to overlook in the psychological case. In this case, ignoring the constraint is part of the problem. Fourth, this is a clear case in which knowledge of homology cannot be accumulated piecemeal. Identifying homologs of human anger requires identifying homologs of fear. (shrink)

Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize (...) a second value, the animal’s value to her guardian. What is this noneconomic value, and how should guardians be compensated for it? In Part 1, I propose a novel method to answer this question. My method includes a third, even more controversial, value: the animal’s value to herself. The idea that an animal could invest in herself faces many criticisms. In Part 2, I defend the claim by examining the mental capacities of dogs (Canis familiaris). I rebut the central objection—that dogs lack the psychological capacities required for self-investment—by showing that dogs are autonomous, think about their futures, and inhibit their desires in light of their goals. I close by suggesting that whereas the approach has conservative implications for the valuation of companion animals, it has radical implications for the valuation of agricultural animals. -/- Keywords: companion animals, animal law, legal theory, value theory, practical ethics, economic value, noneconomic value, intrinsic value, instrumental value, animal welfare, dogs, animal rights, capital value, self-investment value, autonomy, wrongful death, philosophy of animal law, animal minds, moral standing of animals, legal standing of animals, agency, prospection, canine neurobiology, bereavement, replaceability, non-ideal ethics . (shrink)

This chapter addresses the extent to which nonhuman animals are conscious. Most important perhaps is what criteria should be used in making such a determination.

Shared intentions supporting cooperation and other social practices are often used to describe human social life but not the social lives of nonhuman animals. This difference in description is supported by a lack of evidence for rebuke or stakeholding during collaboration in nonhuman animals. We suggest that rebuke and stakeholding are just two examples of the many and varied forms of social maintenance that can support shared intentions. Drawing on insights about mindshaping in social cognition, we show (...) how apes can be stakeholders of a different sort in joint action. Drawing on pluralistic social maintenance methods of behavior enforcement, we show ape joint action can be supported by different forms of positive and negative social pressures, and not just protest. We explain how diverse relationships, contexts, social structures, and forms of communication may play a role in forming and successfully fulfilling joint commitments for humans, great apes, and other animals. (shrink)

Comparative thanatologists study the responses to the dead and the dying in nonhuman animals. Despite the wide variety of thanatological behaviours that have been documented in several different species, comparative thanatologists assume that the concept of death is very difficult to acquire and will be a rare cognitive feat once we move past the human species. In this paper, we argue that this assumption is based on two forms of anthropocentrism: an intellectual anthropocentrism, which leads to an over-intellectualisation of (...) the CoD, and an emotional anthropocentrism, which yields an excessive focus on grief as a reaction to death. Contrary to what these two forms of anthropocentrism suggest, we argue that the CoD requires relatively little cognitive complexity and that it can emerge independently from mourning behaviour. Moreover, if we turn towards the natural world, we can see that the minimal cognitive requirements for a CoD are in fact met by many nonhuman species and there are multiple learning pathways and opportunities for animals in the wild to develop a CoD. This allows us to conclude that the CoD will be relatively easy to acquire and, so, we can expect it to be fairly common in nature. (shrink)

The mindshaping hypothesis proposes a “de-intellectualized” explanation for human unique cooperation. In contrast to standard mindreading accounts, which emphasize the evolution of sophisticated reasoning about others’ propositional attitudes to explain how our ancestors became hyper cooperators, the hypothesis holds that sophisticated mindreading was a late-arriving product of our ancestors becoming better cooperators via the evolution of mechanisms that shape and regulate the minds of members of human groups to be suited to cooperation. Comparative research with nonhumans, especially our closest living (...) relatives, the great apes, is of utmost importance for evaluating the mindshaping hypothesis—for instance, to what extent can apes maintain relatively complex forms of culture and cooperation without reasoning about propositional attitudes? The concept of mindshaping also opens up new questions in comparative cognition that are worth exploring in their own right, such as whether apes regulate each other’s behavior via social norms. This chapter assesses what we currently do and do not know about the nature and extent of various mindshaping mechanisms in nonhuman great apes, focusing on culture and social learning, pedagogy, and social norms. (shrink)

Comparative cognitive science often involves asking questions like ‘Do nonhumans have C?’ where C is a capacity we take humans to have. These questions frequently generate unproductive disagreements, in which one party affirms and the other denies that nonhumans have the relevant capacity on the basis of the same evidence. I argue that these questions can be productively understood as questions about natural kinds: do nonhuman capacities fall into the same natural kinds as our own? Understanding such questions in (...) this way has several advantages: it preserves the intuition that these are substantive empirical questions worth asking; it helps us to understand why they so frequently give rise to disagreements of the kind described; and it provides clues about how to diagnose and resolve them. (shrink)

Event concepts are unstructured atomic concepts that apply to event types. A paradigm example of such an event type would be that of diaper changing, and so a putative example of an atomic event concept would be DADDY'S-CHANGING-MY-DIAPER.1 I will defend two claims about such concepts. First, the conceptual claim that it is in principle possible to possess a concept such as DADDY'S-CHANGING-MY-DIAPER without possessing the concept DIAPER. Second, the empirical claim that we actually possess such concepts and that they (...) play an important role in our cognitive lives. The argument for the empirical claim has the form of an inference to the best explanation and is aimed at those who are already willing to attribute concepts and beliefs to infants and nonhuman animals. Many animals and prelinguistic infants seem capable of re-identifying event-types in the world, and they seem to store information about things happening at particular times and places. My account offers a plausible model of how such organisms are able to do this without attributing linguistically structured mental states to them. And although language allows adults to form linguistically structured mental representations of the world, there is no good reason to think that such structured representations necessarily replace the unstructured ones. There is also no good reason for a philosopher who is willing to explain the behavior of an organism by appealing to atomic concepts of individuals or kinds to not use a similar form of explanation when explaining the organism's capacity to recognize events. -/- We can form empirical concepts of individuals, kinds, properties, event-types, and states of affairs, among other things, and I assume that such concepts function like what François Recanati calls ‘mental files’ or what Ruth Millikan calls ‘substance concepts’ (Recanati 2012; Millikan 1999, 2000, 2017). To possess such a concept one must have a reliable capacity to re-identify the object in question, but this capacity of re-identification does not fix the reference of the concept. Such concepts allow us to collect and utilize useful information about things that we re-encounter in our environment. We can distinguish between a perception-action system and a perception-belief system, and I will argue that empirical concepts, including atomic event concepts, can play a role in both systems. The perception-action system involves the application of concepts in the service of (often skilled) action. We can think of the concept as a mental file containing motor-plans that can be activated once the individual recognizes that they are in a certain situation. In this way, recognizing something (whether an object or an event) as a token of a type, plays a role in guiding immediate action. The perception-belief system, in contrast, allows for the formation of beliefs that can play a role in deliberation and planning and in the formation of expectations. I distinguish between two particular types of belief which I call where-beliefs and when-beliefs, and I argue that we can model the formation of such perceptual beliefs in nonlinguistic animals and human infants in terms of the formation of a link between an empirical concept and a position on a cognitive map. According to the account offered, seemingly complex beliefs, such as a baby's belief that Daddy changed her diaper in the kitchen earlier, will not be linguistically structured. If we think that prelinguistic infants possess such concepts and are able to form such beliefs, it is likely that adults do too. The ability to form such beliefs does not require the capacity for public language, and we can model them in nonlinguistic terms; thus, we have no good reason to think of such beliefs as propositional attitudes. Of course, we can use sentences to refer to such beliefs, and thus it is possible to think of such beliefs as somehow relations to propositions. But it is not clear to me what is gained by this as we have a perfectly good way to think about the structure of such beliefs that does not involve any appeal to language. (shrink)

Comparative cognition researchers have long been interested in the nature of nonhuman animal social capacities. One capacity has received prolonged attention: mindreading, or “theory of mind” as it’s also called, is often seen to be the ability to attribute mental states to others in the service of predicting and explaining behavior. This attention is garnered in no small measure from interest into what accounts for the distinctive features of human social cognition and what are the evolutionary (...) origins of those features. This entry surveys: (1) main hypotheses concerning the adaptive value of mindreading, (2) theoretical problems complicating our ability to determine whether nonhuman animals mindread, and finally (3) proposals that mindreading is a plural rather than unitary cognitive system. (shrink)

I argue that an explicit distinction between cognitive characters and cognitive phenotypes is needed for empirical progress in the cognitive sciences and their integration with evolution-guided sciences. I elaborate what ontological commitment to characters involves and how such a commitment would clarify ongoing debates about the relations between human and nonhuman cognition and the extent of cognitive abilities across biological species. I use theoretical proposals in episodic memory, language, and sociocultural bases of cognition to illustrate how cognitive (...) characters are being introduced in scientific practice. (shrink)

Recent years have seen an explosion of empirical data concerning arithmetical cognition. In this paper that data is taken to be philosophically important and an outline for an empirically feasible epistemological theory of arithmetic is presented. The epistemological theory is based on the empirically well-supported hypothesis that our arithmetical ability is built on a protoarithmetical ability to categorize observations in terms of quantities that we have already as infants and share with many nonhuman animals. It is argued here (...) that arithmetical knowledge developed in such a way cannot be totally conceptual in the sense relevant to the philosophy of arithmetic, but neither can arithmetic understood to be empirical. Rather, we need to develop a contextual a priori notion of arithmetical knowledge that preserves the special mathematical characteristics without ignoring the roots of arithmetical cognition. Such a contextual a priori theory is shown not to require any ontologically problematic assumptions, in addition to fitting well within a standard framework of general epistemology. (shrink)

Picturing is a poorly understood element of Sellars’s philosophical project. We diagnose the problem with picturing as follows: on the one hand, it seems that it must be connected with action in order for it to do its job. On the other hand, the representational states of a picturing system are characterized in descriptive and seemingly static terms. How can static terms be connected with action? To solve this problem, we adopt a concept from recent work in Sellarsian metaethics: the (...) idea of a material practical inference, which (we argue) features centrally in how we picture. The key distinction is that the picturing of nonhuman animals involves only Humean material practical inference, in which representational states are corrected only by feedback from the environment and not from discursive interactions. The resulting view shows that Sellars’s contributions to practical philosophy (especially theory of action and metaethics) cannot be separated from his contributions to philosophy of mind, language, and cognitive science. Further, the view makes it clear that picturing is neither a version of the Given, nor is it a fifth wheel to inferential role in explaining representation, but is essential to Sellars’s model of how animals—including humans—represent their environment. (shrink)

Many traditional attempts to show that nonhuman animals are deserving of moral consideration have taken the form of an argument by analogy. However, arguments of this kind have had notable weaknesses and, in particular, have not been able to convince two kinds of skeptics. One of the most important weaknesses of these arguments is that they fail to provide theoretical justifications for why particular physiological similarities should be considered relevant. This paper examines recent empirical research on pain and, in (...) particular, explores the implications of the dissociation between the sensory and the affective pain pathways. It is argued that these results show that the belief that nonhuman animals experience pain in a morally relevant way is reasonable, though not certain. It is further argued that the proposal to explore the relationship between consciousness and various forms of learning challenges the aforementioned skeptics to provide more physiological details for their claims that nonhuman mammals are probably not conscious. (shrink)

In The Border between Seeing and Thinking, Ned Block argues that the distinction between perception and cognition should be grounded in representational format. I object that cognition is multifaceted, and includes representations with the same format as some perceptual representations. We can save Block’s view by interpreting it as concerning the border between one elite species of cognition—namely, propositional thought—and everything below it, including perception. But that leaves the border between perception and cognition in general unexplained. (...) To fill this gap, I recommend my stimulus-dependence account of the border and reply to objections Block raises against it. This brings into relief a category of mind that is crucial to understanding human infants and nonhuman animals—namely, nonpropositional cognition, which sits between perception and propositional thought. (shrink)

In this paper, I argue that nonhuman animals can be subject to epistemic injustice. I consider Miranda Fricker’s (2007) account of the nature of the harm of epistemic injustice and highlight that it requires that a knower be invested in being recognized as a knower. I argue that a focus on know-how, rather than testimony or concepts for self-understanding and communication, can serve to highlight how nonhuman animals can suffer epistemic injustice without an investment in recognition, by focusing (...) on distributive justice concerning epistemic goods. Drawing from work in animal ethology and movement ecology, I argue that human interruption of animal lifeways has negative downstream effects on nonhuman animals’ ability to acquire ‘answers’ to ‘questions’ they have an interest in answering: namely, acquiring both true beliefs about conspecifics and their environment, as well as acquisition of behaviors and skills that enable everyday successful coping, and that these interruptions can constitute epistemic injustice. (shrink)

How should we determine the distribution of psychological traits—such as Theory of Mind, episodic memory, and metacognition—throughout the Animal kingdom? Researchers have long worried about the distorting effects of anthropomorphic bias on this comparative project. A purported corrective against this bias was offered as a cornerstone of comparative psychology by C. Lloyd Morgan in his famous “Canon”. Also dangerous, however, is a distinct bias that loads the deck against animal mentality: our tendency to tie the competence criteria for (...) cognitive capacities to an exaggerated sense of typical human performance. I dub this error “anthropofabulation”, since it combines anthropocentrism with confabulation about our own prowess. Anthropofabulation has long distorted the debate about animal minds, but it is a bias that has been little discussed and against which the Canon provides no protection. Luckily, there is a venerable corrective against anthropofabulation: a principle offered long ago by David Hume, which I call “Hume’s Dictum”. In this paper, I argue that Hume’s Dictum deserves a privileged place next to Morgan’s Canon in the methodology of comparative psychology, illustrating my point through a discussion of the debate over Theory of Mind in nonhuman animals. (shrink)

I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist theories. However, (...) their argument also threatens to debunk intuitions that support consequentialist theories. I give a novel argument that overcomes this difficulty. Specifically, I offer an evolutionary story about anger that can explain retributive, duty-oriented intuitions concerning punishment. This explanation debunks these intuitions (and not others) by showing that they were selected for their biological consequences rather than their accuracy (concerning duties to punish). I develop this explanation by raising and resolving three additional problems. First, prominent evolutionary explanations of retributive motives fail because they appeal to models that apply only to organisms with strategic insight. To mitigate this problem, I explain the existence of a retributive-like motive in rodents by appealing to an economic model of resource competition, which applies to organisms without strategic insight. Second, I show that human anger was shaped by resource competition of this kind. To do so, I develop evidential criteria to determine when psychological systems in different species share common evolutionary origins. I deploy these criteria to argue that human anger and the retributive motive in rodents derive from the same ancestral trait. Finally, the continuity of anger across human and nonhuman animals stands in tension with the idea that anger causes purposive behavior like retribution or retaliation. I argue that differences between the angry behaviors of human and nonhuman animals are differences in degree and not in kind. In the end, this evolutionary story both explains and undermines retributive intuitions, but not in the straightforward way that Singer and Greene suppose. (shrink)

Robust technological enhancement of core cognitive capacities is now a realistic possibility. From the perspective of neutralism, the view that justifications for public policy should be neutral between reasonable conceptions of the good, only members of a subset of the ethical concerns serve as legitimate justifications for public policy regarding robust technological enhancement. This paper provides a framework for the legitimate use of ethical concerns in justifying public policy decisions regarding these enhancement technologies by evaluating the ethical concerns that arise (...) in the context of testing such technologies on nonhuman animals. Traditional issues in bioethics, as well as novel concerns such as the possibility of moral status enhancement, are evaluated from the perspective of neutralism. (shrink)

Higher-order thought theories maintain that consciousness involves the having of higher-order thoughts about mental states. In response to these theories of consciousness, an attempt is often made to illustrate that nonhuman animals possess said consciousness, overlooking an alarming consequence: attributing higher-order thought to nonhuman animals might entail that they should be held morally accountable for their actions. I argue that moral responsibility requires more than higher-order thought: moral agency requires a specific higher-order thought which concerns a belief about (...) the rightness or wrongness of affecting another’s mental states. This “moral thought” about the rightness or wrongness is not yet demonstrated in even the most intelligent nonhuman animals, thus we should suspend our judgments about the “rightness” or “wrongness” of their actions while further questioning the recent insistence on developing an animal morality. (shrink)

Animal welfare scientists face an acute version of the problem of inductive risk, since they must choose whether to affirm attributions of mental states to animals in advisory contexts, knowing their decisions hold consequences for animal welfare. In such contexts, the burden of proof should be sensitive to the consequences of error, but a framework for setting appropriate burdens of proof is lacking. Through reflection on two cases—pain and cognitive enrichment—I arrive at a tentative framework based on the (...) principle of expected welfare maximization. I then discuss the limitations of this framework and the questions it leaves open. (shrink)

I respond to Ned Block’s claim that it is ridiculous to suppose that consciousness is a cultural construction based on language and learned in childhood. Block is wrong to dismiss social constructivist theories of consciousness on account of it being ludicrous that conscious experience is anything but a biological feature of our animal heritage, characterized by sensory experience, evolved over millions of years. By defending social constructivism in terms of both Julian Jaynes’ behaviorism and J.J. Gibson’s ecological psychology, I (...) draw a distinction between the experience or what-it-is-like of nonhuman animals engaging with the environment and the secret theater of speechless monologue that is familiar to a linguistically competent human adult. This distinction grounds the argument that consciousness proper should be seen as learned rather than innate and shared with nonhuman animals. Upon establishing this claim, I defend the Jaynesian definition of consciousness as a social–linguistic construct learned in childhood, structured in terms of lexical metaphors and narrative practice. Finally, I employ the Jaynesian distinction between cognition and consciousness to bridge the explanatory gap and deflate the supposed hard problem of consciousness. (shrink)

By giving sympathy a central role, Adam Smith’s Theory of Moral Sentiments (1759) can be regarded as one of the ‘enlightened’ moral theories of the Enlightenment, insofar as it widened the scope of moral consideration beyond the traditionally restricted boundary of human beings. This, although the author himself does not seem to have been aware of this fact. In this paper, I want to focus on two aspects which I think lead to this conclusion. First, by making sentience the requisite (...) to be taken into moral consideration, nonhuman animals in Smith’s moral theory can count as moral patients towards whom we should exercise the virtue of beneficence (if not justice). Secondly, Smith’s idea of morality as working in concentric circles –generating more stringent duties towards those closer to us– could explain and perhaps also justify our caring for some nonhuman animals, especially pets. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Affect Attunement in the Caregiver-Infant Relationship and Across SpeciesExpanding the Ethical Scope of ErosCynthia WillettCompelling glimpses into the ethical capacities of our animal kin reveal new possibilities for ethical relationships encompassing humans with other animal species. Consider the remarkable report of a female bonobo in a British zoo who assists a bird found in her cage by retrieving the fallen bird, and spreading its wings so that (...) this fellow creature might fly away to its freedom. Or the report of a cat in a nursing home who curls up around dying elderly patients, and remains steadily by their side as they, unbeknownst to the medical personnel, pass away.1 Or of a sacred moment of silence by a stream for baboons in East Africa.2 Or of the ethics that spontaneously emerges among wolves at play.3 On the basis of extensive studies, biologist Frans de Waal argues that such anecdotes are far from rare, and that some core elements of moral understanding and compassion occur among a significant range of nonhuman as well as the human animal species. Apes, monkeys, and perhaps all nonhuman animals fail to display a distinctly human capacity for abstract moral reasoning. As de Waal (2006) remarks, it is difficult to tell (173–75). But our furry and feathery kin do without a doubt demonstrate rich elements of ethical response, and they often enough extend their moral concern to creatures beyond their own species. Of course, they will also bite each other’s heads off or eat their own young as well. But this is just to say that animals are neither natural [End Page 111] innocents nor savage brutes. Like us, they belong to what post-Nietzschean philosophers might frame, somewhat ironically, as a postlapsarian world of good and evil.What kind of philosophical approach could account for these postlapsarian genealogies of ethics? Biologists, primatologists, and anthropologists are drawing upon investigations of prosocial behavior to remap the boundaries of ethics, as for example in Isabelle Stengers’s call for cosmopolitical ecologies of relationships (2010, 33). Such a cosmopolitics aims to encompass our kin and kind from diverse species within the ethical boundaries of common worlds. Donna Haraway discovers an opening for Stengers’s ecology of relationships in the intimate encounters among co-evolving species, especially those she calls companion species (2008, 83). She argues, following Derrida, that the abstract reasoning processes of Stoic and Kantian cosmopolitan ethics remain closed to the participation of nonhuman animals as anything more than dependents, failing to observe the ways in which they act as companions, if not moral subjects. But then, what normative force might bind together an ethically attuned biosocial sphere that we as humans co-inhabit with other animal species?To explore this question, this essay takes its cues from well-established research on the responsive, preverbal connection of the human infant and adult caregiver (Bateson 1979; Trevarthen 1984; Stern 1985, 2010; Gibbs 2001, 2010; Hansen 2004; Anderson 2006; Papoulias and Callard 2010; Willett 1995, 2001). To this research we can add new animal studies (Smuts 1999, 2001; Fudge 2002; de Waal 2006, 2009; Bekoff 2007; Molnar 2008; Haraway 2008). These animal studies provide a basis for extending an “ethics of eros” with roots in Luce Irigaray, Michel Foucault, Enrique Dussel, Africana feminism, Freudo-Marxist critical theory, and Plato (for discussions of this tradition, see Bergoffen 1997; Huffer 2009; Willett 2001)—but reconfigured in terms of social bonds across multiple animal species. In this tradition of ethics, the lack of a cognitive-based moral subjectivity that can translate into human terms does not consign nonhuman species to a mute moral status. On the contrary, some more primordial basis for relationship and meaning may weave thin but substantial threads of a postmoral ethics across regions of the biosphere.Given the diverse modes of subjectivity among animal species, and even the lack of what we call a moral subject altogether in many species, neither ordinary modes of empathy nor of moral understanding go very far in forging multispecies social bonds. For this reason, we turn to research on “the attunement of affects” in the infant-caregiver relationship (Stern 1985). As we shall see, this... (shrink)

According to the extended cognition thesis, an agent’s cognitive system can sometimes include extracerebral components amongst its physical constituents. Here, we show that such a view of cognition has an unjustifiably anthropocentric focus, for it tends to depict cognitive extensions as a human-only affair. In contrast, we will argue that if human cognition extends, then the cognition of many non-human animals extends too, for many non-human animals rely on the same cognition-extending strategies humans rely on. (...) To substantiate this claim, we will proceed as follows. First (Sect. 1), we will introduce the extended cognition thesis, exposing its anthropocentric bias. Then, we will show that humans and many non-human animals rely on the same cognition-extending strategies. To do so, we will discuss a variety of case studies, including “intrabodily” cognitive extensions such as the spinal cord (Sect. 2), the widespread reliance on epistemic actions to solve cognitive tasks (Sect. 3) and cases of animal cognitive offloading (Sect. 4). We’ll then allay some worries our claim might raise (Sect. 5) to then conclude the paper (Sect. 6). (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s (...) confinement constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to (...) exterminate wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

What can we infer from numerical cognition about mathematical realism? In this paper, I will consider one aspect of numerical cognition that has received little attention in the literature: the remarkable similarities of numerical cognitive capacities across many animal species. This Invariantism in Numerical Cognition (INC) indicates that mathematics and morality are disanalogous in an important respect: proto-moral beliefs differ substantially between animal species, whereas proto-mathematical beliefs (at least in the animals studied) seem to show (...) more similarities. This makes moral beliefs more susceptible to a contingency challenge from evolution compared to mathematical beliefs, and indicates that mathematical beliefs might be less vulnerable to evolutionary debunking arguments. I will then examine to what extent INC can be used to flesh out a positive case for mathematical realism. Finally, I will review two forms of mathematical realism that are promising in the light of the evolutionary evidence about numerical cognition, ante rem structuralism and Millean empiricism. (shrink)

Many take Kantian ethics to founder when it comes to our duties to animals. In this paper, I advocate a novel approach to this problem. The paper is divided into three sections. In the first, I canvass various passages from Kant in order to set up the problem. In the second, I introduce a novel approach to this problem. In the third, I defend my approach from various objections. By way of preview: I advocate rejecting the premise that nonhuman (...) animals are nonrational. (shrink)

I argue that humans have a duty to socialise with domesticated animals, especially members of farmed animal species: to make efforts to include them in our social lives in circumstances that make friendships possible. Put another way, domesticated animals have a claim to opportunities to befriend humans, in addition to (and constrained by) a basic welfare-related right to socialise with members of their own and other species. This is because i) domesticated animals are in a currently unjust scheme of (...) social cooperation with, and dependence upon, humans; and ii) ongoing human moral attention and ‘social capital’, of which personal friendships are an indispensable source, is critical if their interests are to be represented robustly and their agency enabled in a just interspecies community. I then argue that participation in farmed animal sanctuaries is a promising way to fulfil this duty, lending support to conceptions of sanctuary as just interspecies community. (shrink)

What can neuroscience tell us, if anything, about the capacities of cows to think about the future? The question is important if having the right to a future requires the ability to think about one’s future. To think about one’s future involves the mental state of prospection, in which we direct our attention to things yet to come. I distinguish several kinds of prospection, identify the behavioral markers of future thinking, and survey what is known about the neuroanatomy of future-directed (...) bovine beliefs and desires. I suggest, in conclusion, that instead of asking whether a cow’s prospection is conscious, ask whether it is like ours—with “ours” understood to include all human beings. (shrink)

The study of animal cognition raises profound questions about the minds of animals and philosophy of mind itself. Aristotle argued that humans are the only animal to laugh, but in recent experiments rats have also been shown to laugh. In other experiments, dogs have been shown to respond appropriately to over two hundred words in human language. In this introduction to the philosophy of animal minds Kristin Andrews introduces and assesses the essential topics, problems and debates (...) as they cut across animal cognition and philosophy of mind. She addresses the following key topics: what is cognition, and what is it to have a mind? What questions should we ask to determine whether behaviour has a cognitive basis? the science of animal minds explained: ethology, behaviourist psychology, and cognitive ethology rationality in animals animal consciousness: what does research into pain and the emotions reveal? What can empirical evidence about animal behaviour tell us about philosophical theories of consciousness? does animal cognition involve belief and concepts; do animals have a ‘Language of Thought’? animal communication other minds: do animals attribute ‘mindedness’ to other creatures? moral reasoning and ethical behaviour in animals animal cognition and memory. Extensive use of empirical examples and case studies is made throughout the book. These include Cheney and Seyfarth’s ververt monkey research, Thorndike’s cat puzzle boxes, Jensen’s research into humans and chimpanzees and the ultimatum game, Pankseep and Burgdorf’s research on rat laughter, and Clayton and Emery’s research on memory in scrub-jays. Additional features such as chapter summaries, annotated further reading and a glossary make this an indispensable introduction to those teaching philosophy of mind, animal cognition. It will also be an excellent resource for those in fields such as ethology, biology and psychology. (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.

I argue that at least some nonlinguistic animals have conceptual capabilities. First, I show that positions that take linguistic capabilities to be necessary for conceptual capabilities are unable to explain the possibility of concept acquisition. Second, I argue that awareness of abstract relations requires conceptual capabilities and success at relational matching-to-sample tasks requires awareness of the abstract relations of same and different. Crows and amazons are able to succeed at relational matching-to-sample tasks, so we should attribute conceptual capabilities to them. (...) Third, I argue that at least some nonlinguistic animals are able to have and present reasons by making and having explicit content. Fourth, I argue for an externalist account of inference that takes epistemic responsibility to be a deontic status. Fifth, and finally, I argue that at least some nonlinguistic animals should be regarded as living in normative communities because their communications meet the conditions for assertions. (shrink)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately (...) ascribed moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

While theories of animal rights maintain that nonhuman animals possess prima facie rights, such as the right to life, the dominant philosophies of animal rights permit the killing of nonhuman animals for reasons of self-defense. I argue that the animal rights discourse on defensive killing is problematic because it seems to entail that any nonhuman animal who poses a threat to human beings can be justifiably harmed without question. To avoid this human-privileged conclusion, (...) I argue that the animal rights position needs to both (1) deploy a new criterion of liability to defensive harm, and (2) seriously consider whether human beings themselves are liable to defensive harm in human-animal conflicts. By shifting the focus to whether humans are liable to defensive harm, we will find that in many situations of human-animal conflict, human beings are actually the ones liable to be harmed because they are often culpable or, to some degree, morally responsible for posing an unjust threat to nonhuman animals. (shrink)

Following the social conception of moral agency, this paper claims that many beings commonly exempted from moral responsibility, like young children, adults with late-stage dementia, and nonhuman animals, may nevertheless qualify as participants in moral responsibility practices. Blame and other moral responsibility responses are understood according to the communicative emotion account of the reactive attitudes. To blame someone means having an emotion episode that acts as a vehicle for conveying a particular moral content. Therefore, moral agency is argued to (...) be manifested in communicative exchanges between a claimant and a defendant. While many human and nonhuman agents are justifiably exempted from ascriptions of moral responsibility, this does not necessarily exclude such agents from the community of moral agents altogether. Toddlers and dogs, for instance, seem capable of other-directed reactive attitudes, like resentment, and could, therefore, qualify as participants in moral responsibility practices with respect to the claimant position. Therefore, we may have reason to adopt a distinct claimant-directed participant stance to some beings, even if they fail to qualify as apt targets of blame. This expanded theoretical room for moral agency is argued to make explicit further normative considerations. (shrink)

I argue for the moral relevance of a category of individuals I characterize as far-persons. Following Gary Varner, I distinguish near-persons, animals with a " robust autonoetic consciousness " but lacking an adult human's " biographical sense of self, " from the merely sentient, those animals living "entirely in the present." I note the possibility of a third class. Far-persons lack a biographical sense of self, possess a weak autonoetic consciousness, and are able to travel mentally through time a distance (...) that exceeds the capacities of the merely sentient. Far-persons are conscious of and exercise control over short-term cognitive states, states limited by their temporal duration. The animals in question, human and nonhuman, consciously choose among various strategies available to them to achieve their ends, making them subjects of what I call "lyrical experience:" brief and potentially intense pleasures and pains. But their ends expire minute-by-minute, not stretching beyond, I say metaphorically, the present hour. I conclude by discussing the moral status of far-persons. (shrink)

The argument for vegetarianism from overlapping species goes like this. Every individual who is the subject of a life has a right to life. Some humans—e.g., the severely congenitally cognitively limited—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. Severely congenitally cognitively limited humans have a right to life. Some animals—e.g., all mammals—lack language, rationality, autonomy, and self-consciousness, and yet they are subjects of a life. We ought to treat like cases alike. The cases of (...) some humans are like the cases of some animals. Therefore, some animals have a right to life. -/- The argument seems not to have moved many people to change their diets. The reason, I suggest, is not because the argument is unsound but because our ability to change our dietary practices is difficult and we lack the imaginative resources to see the world from a nonhuman perspective. -/- I suggest that creative artists are of great value here, and I provide an example by referring to the work of the American novelist, Cormac McCarthy. (shrink)

While there has been significant philosophical debate on whether nonlinguistic animals can possess conceptual capabilities, less time has been devoted to considering 'talking' animals, such as parrots. When they are discussed, their capabilities are often downplayed as mere mimicry. The most explicit philosophical example of this can be seen in Brandom's frequent comparisons of parrots and thermostats. Brandom argues that because parrots (like thermostats) cannot grasp the implicit inferential connections between concepts, their vocal articulations do not actually have any conceptual (...) content. In contrast, I argue that Pepperberg's work with Alex (and other African grey parrots) provides evidence that the vocal articulations of at least some parrots have conceptual content. Using Frege's insight that numbers assert something about a concept, I argue that Alex's ability to answer the question "How many?" depended upon a prior grasp of conceptual content. Developing this claim, I argue that Alex's arithmetical abilities show that he was capable of using numbers as both concepts and objects. Frege's theoretical insight and Pepperberg's empirical work provide reason to reconsider the capabilities of parrots, as well as what sorts of tasks provide evidence for conceptual content. (shrink)

Kant’s views on animals have received much attention in recent years. According to some, Kant attributed the capacity for objective perceptual awareness to non-human animals, even though he denied that they have concepts. This position is difficult to square with a conceptualist reading of Kant, according to which objective perceptual awareness requires concepts. Others take Kant’s views on animals to imply that the mental life of animals is a blooming, buzzing confusion. In this article I provide a historical reconstruction of (...) Kant’s views on animals, relating them to eighteenth-century debates on animal cognition. I reconstruct the views of Buffon and Reimarus and show that (i) both Buffon and Reimarus adopted a conceptualist position, according to which concepts structure the cognitive experience of adult humans, and (ii) that both described the mental life of animals as a blooming, buzzing confusion. Kant’s position, I argue, is virtually identical to that of Reimarus. Hence Kant’s views on animals support a conceptualist reading of Kant. The article further articulates the historical antecedents of the Kantian idea that concepts structure human cognitive experience and provides a novel account of how the ideas of similarity and difference were conceptualized in eighteenth-century debates on animal cognition. (shrink)