Our contention is that all of the major arguments for abortion are also arguments for permitting infanticide. One cannot distinguish the fetus from the infant in terms of a morally significant intrinsic property, nor are they morally discernible in terms of standing in different relationships to others. The logic of our position is that if such arguments justify abortion, then they also justify infanticide. If we are right that infanticide is not justified, then such arguments will fail to justify abortion. (...) We respond to those philosophers who accept infanticide by putting forth a novel account of how the mindless can be wronged which serves to distinguish morally significant potential from morally irrelevant potential. This allows our account to avoid the standard objection that many entities possess a potential for personhood which we are intuitively under no obligation to further or protect. (shrink)

Laws requiring autopsies have generated little controversy. Yet it is considered unconscionable to take organs without consent for transplantation. We think an organ draft is justified if mandatory autopsies are. We reject the following five attempts to show why a mandatory autopsy policy is legitimate, but organ conscription is not: (1) The social contract gives the state a greater duty to protect its citizens from each other than from disease. (2) There is a greater moral obligation to prevent murders than (...) disease-caused deaths because killing people is morally worse than allowing people to die. (3) Autopsies do not confiscate body parts, but organ transplants do. (4) The citizenry's knowledge that their organs are very likely to be taken will generate more anxiety than the remote possibility of a mandatory autopsy. (5) A religious conviction that one's organs will be needed in order to be resurrected is threatened by organ transplantation but not by autopsies that "return" body parts. (shrink)

It is worthwhile comparing Hylomorphic and Animalistic accounts of personal identity since they both identify the human animal and the human person.The topics of comparison will be three: The first is accounting for our intuitions in cerebrum transplant and irreversible coma cases. Hylomorphism, unlike animalism, appears to capture “commonsense” beliefs here, preserves the maxim that identity matters, and does not run afoul of the Only x and y rule. The next topic of comparison reveals how the rival explanations of transplants (...) and comas are both at odds with some compelling biological assumptions. The third issue deals with our practical concerns, most notably, the possibility of an afterlife. It turns out that the hylomorphic treatment of Purgatory raises the spectra of the “too many thinkers” problem and some considerable unfairness. Contrary to expectations, an animalist insistence on uninterrupted bodily continuity between this life and the next does not involve deceptive body snatching. (shrink)

One often hears Catholic and non-Catholic politicians and private citizens claim “I am personally opposed to abortion... ” but add that it is morally permissible for others to accept abortion. We consider a Rawlsian defense of this position based on the recognition that one’s opposition to abortion stems from acomprehensive doctrine which is incompatible with Public Reason. We examine a second defense of this position based upon respecting the autonomy of others and a third grounded in the harm to the (...) unwilling mother overriding that to the aborted fetus. We look at a fourth and fifth defense based upon our epistemic ignorance regarding the burdens on others of unwanted pregnancies and the ontological and moral status of embryo. We find most versions of these defenses to be wanting and conclude that only if the proponents of the position are subjectivist about morals, which few are, can they offer a coherent defense. (shrink)

Although the predominant view is that vagueness is due to our language being imprecise, the alternative idea that objects themselves do not have determinate borders has received an occasional hearing. But what has failed to be appreciated is how this idea can avoid a puzzle Peter Unger named “The Problem of the Many.”[i].

One reason why the Biological Approach to personal identity is attractive is that it doesn’t make its advocates deny that they were each once a mindless fetus.[i] According to the Biological Approach, we are essentially organisms and exist as long as certain life processes continue. Since the Psychological Account of personal identity posits some mental traits as essential to our persistence, not only does it follow that we could not survive in a permanently vegetative state or irreversible coma, but it (...) would appear that none of us was ever a mindless fetus. But what happens to the organism that was a mindless fetus when the _person_ arrives on the scene?[ii] Can the acquisition of thought destroy an organism? That would certainly be news to biologists. Does one organism cease to exist with the emergence of thought and another organism, one identical to the person, take its place? (Burke,1994) That doesn’t seem much more plausible than the previous move. Should identity and Leibniz. (shrink)

Split brains that result in two simultaneous streams of consciousness cut off from each other are wrongly held to be grounds for doubting the existence of the divinely created soul. The mistake is based on two related errors: first, a failure to appreciate the soul's dependence upon neurological functioning; second, a fallacious belief that if the soul is simple, i.e. without parts, then there must be a unity to its thought, all of its thoughts being potentially accessible to reflection or (...) even unreflective causal interactions. But a soul theorist can allow neurological events to keep some conscious thoughts unavailable to others. (shrink)

Christopher Boorse is very skeptical of there being a pathocentric internal morality of medicine. Boorse argues that doctors have always engaged in activities other than healing, and so no internal morality of medicine can provide objections to euthanasia, contraception, sterilization, and other practices not aimed at fighting pathologies. Objections to these activities have to come from outside of medicine. I first argue that Boorse fails to appreciate that such widespread practices are compatible with medicine being essentially pathocentric. Then I contend (...) that the pathocentric essence, properly understood, does not prohibit physicians from engaging in actions that are not aimed at combating pathologies, but rather supports an internal morality of medicine that allows medical providers to refuse without penalty to engage in practices that promote pathologies. (shrink)

Embryo rescue cases and minimal miscarriage prevention research have been interpreted as showing that even pro‐lifers are not really committed to the unborn having the same moral status as the born. I will suggest instead that judgments about embryo rescues are often distorted by triage considerations that reveal nothing about differences in moral status between those saved and those not. I will present metaphysical and ethical considerations – none assuming a difference in moral status – why preventing millions of miscarriages (...) does not warrant the massive redistribution of research funds that would occur to prevent the deaths of equal numbers of humans already born. (shrink)

Animalists accuse the advocates of psychological approaches of identity of having to suffer a Problem of Too Many Thinkers. Eric Olson, for instance, is an animalist who maintains that if the person is spatially coincident but numerically distinct from the animal, then provided that the person can use its brain to think, so too can the physically indistinguishable animal. However, not all defenders of psychological views of identity assume the spatial coincidence of the person and the animal. Jeff McMahan and (...) lately Derek Parfit claim we are roughly brain-size, composed of just those parts of the human animal that directly produce thought. They claim to avoid the Problem of Too Many Thinkers because it is the brain-sized person who truly thinks, while the animal thinks only in a derivative sense in virtue of having a thinking proper part. Waiting in the wings are some dualists who claim that all materialist accounts fail to avoid the Problem of Too Many Thinkers. One such dualist, Dean Zimmerman, insists that wherever there is an ordinary material thing like a brain, there is also a mass with distinct persistence conditions and thus the threat of two material thinkers. Zimmerman contends that only positing an immaterial thinker can avoid the problem. (shrink)

Hylomorphism offers a third way between animalist approaches to personal identity, which maintain that psychology is irrelevant to our persistence, andneo-Lockean accounts, which deny that humans are animals. This paper provides a Thomistic account that explains the intuitive responses to thought experiments involving brain transplants and the transformation of organic bodies into inorganic ones. This account does not have to follow the animalist in abandoning the claim that it is our identity which matters in survival, or countenance the puzzles of (...) spatially coincident entities that plague the neo-Lockean. The key is to understand the human being as only contingently an animal. This approach to our animality is one that Catholics have additional reason to hold given certain views about purgatory, our uniqueness as free and rational creatures, and our having once existed as zygotes. (shrink)

The majority of philosophers believe that the existence of spatially coincident entities is not only a coherent idea but that there are millions of such entities. What such philosophers do not countenance are spatially coincident entities of the same kind. We will call this ‘Locke's Thesis’ since the denial goes back to An Essay Concerning Human Understanding. It is there that Locke wrote, ‘For we never finding, nor conceiving it possible that two things of the same kind should exist in (...) the same place at the same time, we rightly conclude that, whatever exists anywhere at any time, excludes all of the same kind, and is there itself alone.’ It is not clear to me that the believer in spatially coincident entities can draw the ‘ontological line’ where Locke does. Many of the reasons that lead Locke and others to maintain that there exist spatially coincident entities of different kinds would also suggest that there are spatially coincident entities of the same kind. To illustrate this claim, a scenario of spatially coincident roads will be presented. (shrink)

Defenders of the Psychological Approach to Personal Identity (PAPI) insist that the possession of some kind of mind is essential to us. We are essentially thinking beings, not living creatures. We would cease to exist if our capacity for thought was irreversibly lost due to a coma or permanent vegetative state. However, the onset of such conditions would not mean the death of an organism. It would survive in a mindless state. But this would appear to mean that before the (...) loss of cognition and the destruction of the person, the organism and the person were spatially coincident entities – two beings composed of the same matter at the same time and place. Perhaps the most problematic aspect of positing spatially coincident material entities is that it would seem to result in there being one too many thinkers. Since the person can obviously think, the organism should also have such a capacity as a result of possessing the same brain as well as every other atom of the person. This means that there now exist two thinking beings under the reader’s clothes! (shrink)

Elselijn Kingma maintains that Christopher Boorse and other naturalists in the philosophy of medicine cannot deliver the value-free account of disease that they promise. Even if disease is understood as dysfunction and that notion can be applied in a value-free manner, values still manifest themselves in the justification for picking one particular operationalization of dysfunction over a number of competing alternatives. Disease determinations depend upon comparisons within a reference class vis-à-vis reaching organism goals. Boorse considers reference classes for a species (...) to consist in the properties of age and sex and organism goals to comprise survival and reproduction. Kingma suggests that naturalists are influenced by value judgments and may rely upon implicit assumptions about disease in their choice of reference classes and goals to determine which conditions are diseased. I argue that she is wrong to claim that these choices cannot be defended without arguing in a circular manner or making certain arbitrary or value-driven judgments. (shrink)

The aim of this paper is to provide a broad sketch of the advantages of the debt/atonement approach to punishment. Such an approach is appealing for it can benefit both the victim and the remorseful victimizer. Compared to other theories, it gives a fuller and more unified account of our intuitions about paying debts, doing penance, alleviating guilt, granting forgiveness, and offsetting privileges, pleasures and burdens. The theory also allows us to avoid justifying punishment on the basis of using some (...) people to deter others. And it does all of this while channeling in a positive and productive way the deeply felt vindictive need to "get even." Thus, contrary to the traditional wisdom that justice and revenge are diametrically opposed, providing the former may actually depend upon allowing the latter. (shrink)

If one does not possess an immaterial and immortal soul, then the prospect of conscious experience after death would appear to depend upon the metaphysical possibility of the resurrection of one’s biological life.[i] By “resurrection,” I don’t mean just the possibility that a dead but still existing and well preserved individual could be brought back to life. My contention is that the human organism can even cease to exist, perhaps as a result of cremation or extensive decay, and yet still (...) can be brought back into existence at a later time. That is, the same organism can live again after a period of nonexistence. However, a number of philosophers, religious and secular, insist that once an individual ceases to exist he does so forever, regardless of whether God or a future technology reassembles his atoms. Their claim is that the resulting human being would be a duplicate, for intermittent existence is impossible - at least for living creatures. In the pages that follow, I aim to establish, not that the dead will be resurrected, but that some of the alleged barriers to such an event are dubious. My contention is that resurrection after a period of nonexistence is not a metaphysically impossible state of affairs. (shrink)

Eric Olson criticizes Lynne Baker’s constitution account of persons on the grounds that personhood couldn’t be ontologically significant as nothing new comes into existence with the acquisition of thought. He claims that for something coming to function as a thinker is no more ontologically significant than something coming to function as a locomotor when a motor is added to it. He levels two related charges that there’s no principled answer about when and where constitution takes place rather than an already (...) existing object just acquiring new properties. I’ll argue that none of these objections are problems for understanding person to be a substantial kind. (shrink)

I argue that a corpse cannot be identified with an earlier living body, because it acquires and retains parts in different ways. Contrary to what Joseph LaPorte maintains, there can be neither one principle of part-assimilation nor a non-disjunctive account of persistence conditions that can establish the identity of a living body and a later corpse.

Peter van Inwagen's brand of materialism leads him to speculate that God actually removes the deceased at the moment of death and replaces the corpse with a simulacrum that decays or is cremated. Dean Zimmerman offers an account of resurrection that is loyal to Peter van Inwagen's commitment to a materialist metaphysics, with its stress on the earlier life processes of an organism immanently causing its later ones, while maintaining that resurrection is possible without involving God in any ‘body snatching’. (...) My contention is that Zimmerman's account is metaphysically impossible. His alleged ‘solution’ is at odds with the principles governing the ways in which an organism can assimilate new parts. Instead of providing a scenario where we can be resurrected, Zimmerman has merely sketched a scenario where we are duplicated. An alternative materialist account of resurrection is offered, one in which immanent causation is not necessary. (shrink)

Shoemaker maintains that when a functionalist theory of mind is combined with his belief about individuating properties and the well-known cerebrumtransplant thought experiment, the resulting position will be a version of the psychological approach to personal identity that can avoid The Problem of Too Many Thinkers. I maintain that the costs of his solution—that the human animal is incapable of thought—are too high. Shoemaker also has not provided an argumentagainst there existing a merely conscious being that is not essentially self-conscious (...) but is spatially coincident with a person who is essentially self-conscious. Both the person and the merely sentient being will be transplanted when the cerebrum is. And another thought experiment will make it impossible for Shoemaker to identify the person and the merely conscious being. (shrink)

Drawing upon Lynne Baker's idea of the person derivatively possessing the properties of a constituting organism, I argue that even if persons aren't identical to living organisms, they can each literally die a biological death. Thus we can accept that we're not essentially organisms and can still die without having to admit that there are two concepts and criteria of death as Jeff McMahan and Robert Veatch do. Furthermore, we can accept James Bernat's definition of "death" without having to insist, (...) as he does, that persons are identical to organisms or that persons can only die metaphorical deaths. (shrink)

The typical Four-Dimensionalist metaphysics will posit the existence of many entities with thinking temporal parts. To determine which of these entities are persons, Hud Hudson relies upon an exclusion principle that withholds the label “person” from objects possessing any parts that don’t contribute to thought. Thus the human animal can’t be identified with the human person because it initially consists of mindless embryonic temporal parts. Since even normal adult human animals have parts such as hair and nails that don’t appear (...) to contribute to the production of thought, Hudson argues that the person is to be found “beneath the skin” of the animal. This chapter contests this claim of the non-identity of the human person and human animal while still operating with Hudson’s assumptions that we persist in virtue of temporal parts, that composition is unrestricted, and that there cannot be any persons embedded within larger persons. (shrink)

E.J. Lowe is one of the few philosophers who defend both the existence of spatially coincident entities and the Principle of Weak Extensionality that no two objects which have proper parts have exactly the same proper parts at the same time. Lowe maintains that when spatially coincident things like the statue and the lump of bronze are in a constitution relation, the constituted entity (the statue) has parts that the constituting entity (the lump) doesn’t, hence the compatibility with Weak Extensionality. (...) My contention is that his argument for why the statue has parts the lump of bronze lacks can also be used to show that the lump of bronze has parts the statue doesn’t. This will mean that there is no basis for saying the statue and the lump are in a constitution relation. I argue for accepting a modified account of constitution and abandoning the Principle of Weak Extensionality. (shrink)

Most people think it is wrong to take organs from the dead if the potential donors had previously expressed a wish not to donate. Yet people respond differently to a thought experiment that seems analogous in terms of moral relevance to taking organs without consent. We argue that our reaction to the thought experiment is most representative of our deepest moral convictions. We realize not everyone will be convinced by the conclusions we draw from our thought experiment. Therefore, we point (...) out that the state ignores consent in performing mandatory autopsies in some cases. If readers are willing to give up the permissibility of mandatory autopsies, we then offer some metaphysical arguments against posthumous harm. Drawing upon claims about bodies ceasing to exist at death and Epicurean-inspired arguments against posthumous interests, we make a case for an organ conscription policy which respects fundamental liberal principles of autonomy, bodily integrity, and property. (shrink)

We argue that animalism is the only materialist account of personal identity that can account for the autonomy that we typically think of ourselves as possessing. All the rival materialist theories suffer from a moral version of the problem of too many thinkers when they posit a human person that overlaps a numerically distinct human animal. The different persistence conditions of overlapping thinkers will lead them to have interests that conflict, which in many cases prevents them both from autonomously forming (...) and acting on the same intentions. These problems are exacerbated by problems of self-reference plaguing the overlapping thinkers. We contend that the impossibility of simultaneous autonomous action by animals and persons provides a reason to favor animalism over Neo-Lockeanism, Four-Dimensionalism, Constitution theory, and brain-size views of the person. We anticipate and reject arguments that the autonomy of the person and the animal can be shown to be compatible by relying upon either the Parfitian thesis that identity isn’t what matters or claiming that animals acquire the interests of the person they constitute. (shrink)

ABSTRACT: There are some problems with Lynne Baker’s constitution account of personal identity that become evident when we consider brain transplant thought experiments and two kinds of rare cases of conjoined twins — the first appears to be one organism but two persons and the second seems to involve two organisms associated with one person. To handle the problems arising from brain transplants, the constitution theorist must admit an additional level of constitution between the organism and the person. To resolve (...) the problems posed by the two kinds of conjoined twins, the constitution theorist must accept that constitution is not always a one-to-one relationship. RESUME: La théorie constitutionnelle de l’identité personnelle de Lynne Baker soulève certains problèmes qui deviennent évidents lorsque l’on considère des expériences de pensée sur des transplantations de cerveaux et deux genres de cas rares de jumeaux conjoints — du premier cas paraît s’ensuivre qu’il y a deux personnes pour un seul organisme alors que du deuxième découle qu’une seule personne existe dans deux organismes. Afin d’expliquer les problèmes qui surviennent avec les transplantations de cerveaux, le théoricien de la constitution doit admettre un niveau de constitution intermédiaire entre l’organisme et la personne. Pour résoudre les problèmes que posent les cas de jumeaux conjoints, le théoricien de la constitution doit accepter que la relation de constitution ne se réalise pas toujours entre deux termes. (shrink)

The Rational Substance View is a pro-life position which maintains that all humans are moral equals and have a right to life in virtue of their kind membership. Healthy embryos, newborns, children, adults, and as the cognitively impaired all essentially have a root or radical capacity for rationality, though it may not be developed or have its operations blocked. Their being substances with a rational nature is the basis of their moral status and what makes it wrong to kill them. (...) I will argue that the view is committed to some bad biology, and suspect metaphysics, and is unable to escape all the reductios of potentiality. I will offer the Healthy Development View as an alternative to the Rational Substance View. It is a pro-life view that avoids the problematic biology and metaphysics and reductios of potentiality. It understands our rational development to be a contingent rather than an essential trait. (shrink)

There remains a need to properly analyze the metaphysical assumptions underlying two organ procurement policies: presumed consent and organ sales. Our contention is that if one correctly understands the metaphysics of both the human body and material property, then it will turn out that while organ sales are illiberal, presumed consent is not. What we mean by illiberal includes violating rights of bodily integrity, property, or autonomy, as well as arguing for or against a policy in a manner that runs (...) afoul of Rawlsian public reason. (shrink)

The Christian conception of Hell as everlasting punishment for past sins is confronted with two charges of unfairness. The first is the inequity of an eternal punishment. The never‐ending punishment seems disproportionate to the finite sin (Kershnar, Lewis, Adams). A second and related problem is that the boundary between sins that send one for all eternity to Hell and those sins that are slightly less bad that are compatible with an eternity in Heaven is arbitrary and thus it is unfair (...) that sinners so alike are treated differently (Sider). Hell, as traditionally conceived, is then claimed to be incompatible with God's traditional attributes such as his commitment to justice, omniscience and omnipotence. The unfairness can be avoided by appealing to God's foreknowledge and a debt/atonement theory of punishment. My view is analogous to refusing to parole the unrepentant. If a wrongdoer is eternally defiant, then he can never be released from Hell for his debt won't ever be paid if he isn't reformed and reconciled with the wronged. So it doesn't matter that his initial sin was a finite wrong not deserving of infinite punishment nor a sin no worse than that of the penitent in Heaven. (shrink)

Psychological accounts of personal identity claim that the human person is not identical to the human animal. Advocates of such accounts maintain that the definition and criterion of death for a human person should differ from the definition and criterion of death for a human animal. My contention is instead that psychological accounts of personal identity should have human persons dying deaths that are defined biologically, just like the deaths of human animals. Moreover, if brain death is the correct criterion (...) for the death of a human animal, then it is also the correct criterion for the death of a human person. What the nonidentity of persons and animals requires is only that they have distinct criteria for ceasing to exist. (shrink)

Shoemaker maintains that when a functionalist theory of mind is combined with his belief about individuating properties and the well-known cerebrumtransplant thought experiment, the resulting position will be a version of the psychological approach to personal identity that can avoid The Problem of Too Many Thinkers. I maintain that the costs of his solution—that the human animal is incapable of thought—are too high. Shoemaker also has not provided an argumentagainst there existing a merely conscious being that is not essentially self-conscious (...) but is spatially coincident with a person who is essentially self-conscious. Both the person and the merely sentient being will be transplanted when the cerebrum is. And another thought experiment will make it impossible for Shoemaker to identify the person and the merely conscious being. (shrink)

Dean Zimmerman argues for the existence of souls as they enable us to avoid certain vagueness-inspired, metaphysical puzzles that plague materialist accounts of the person. There are far too many overlapping material thinking candidates for being the referent of “I”. Zimmerman suggests that an emergent soul whose creation is overdetermined by overlapping material entities will avoid the unwelcome overpopulation of physical thinkers. I will argue that parallel problems plague Zimmerman’s emergent dualism, there are too many souls produced where we want (...) just one. (shrink)

Two thought experiments are provided which elicit whatappear to be opposing judgments about the demands of morality.One Unger-inspired thought experiment suggests that a personmust give up four decades of earnings just to save a singlelife. The other evokes the contrary intuition that onedoesn't have to labor forty years without compensation inorder to prevent the death of an individual. However,considerations of consistency do not demand that weabandon one of our intuitive responses. This is becausethere is a morally significant difference between thetwo (...) burdens that the people suffer in the respectivethought experiments. The difference is a result of humanpsychology being such that it is easier to bear theaftermath of an event that renders one's earlier effortsfutile than it is to suffer identical efforts goingunrewarded in the future. A conclusion that can bedrawn from this temporal asymmetry is that while moralityis not quite as demanding as Unger and many consequentialistsmaintain, it is much more demanding than many of their opponents realize. (shrink)