Rights and Personhood

Although legal personality has slowly begun to be granted to non-human entities that have a direct impact on the natural functioning of human societies (given their cultural significance), the same cannot be said for computer-based intelligence systems. While this notion has not had a significantly negative impact on humanity to this point in time that only remains the case because advanced computerised intelligence systems (ACIS) have not been acknowledged as reaching human-like levels. With the integration of ACIS in medical assistive (...) technologies such as companion robots and bionics, our legal treatment of ACIS must also adapt—least society faces legal challenges that may potentially lead to legally sanctioned discriminatory treatment. For this reason, this article exposes the complexity of normalizing definitions of “natural” human subjects, clarifies how current bioethical discourse has been unable to effectively guide ACIS integration into implanted and external artefacts, and argues for the establishment of legal delineations between various ACIS-human mergers in reference to legal protections and obligations internationally. (shrink)

Unlike the Chinese, Indian, and Western ethical traditions, the African one had not been text-based until as recently as the 1960s. Since a very large majority of indigenous sub-Saharan societies had oral cultures, there are no classic texts in the field of African ethics and hence also no Big Names; there's nothing comparable to, say, Aristotle’s Nicomachean Ethics or Confucius’ Analects. However, some names and texts have been more influential than others in shaping ethical reflection, particularly over the past 30 (...) years or so with the development of a decent cohort of Africans lecturing in universities. In my contribution, I engage with those contemporary African philosophers whose writings have made some of the most difference to field, favouring those whose views are particularly distinct from salient western approaches to ethics and should be taken seriously as rivals to them. (shrink)

Scientists, engineers, and healthcare professionals are currently developing a variety of new devices under the category of brain-computer interfaces (BCIs). Current and future applications are both medical/assistive (e.g., for communication) and non-medical (e.g., for gaming). This array of possibilities comes with ethical challenges for all stakeholders. As a result, BCIs have been an object of both hope and concern in various media. We argue that these conflicting sentiments can be productively understood in terms of personhood, specifically the impact of BCIs (...) on what it means to be a person and to be recognized as such by others. To understand the dynamics of personhood in the context of BCI use and investigate whether ethical guidance is required, a meeting entitled "BCIs and Personhood: A Deliberative Workshop" was held in May 2018. In this article, we describe how BCIs raise important questions about personhood and propose recommendations for BCI development and governance. (shrink)

Anti‐abortion violence (‘AAV’) is anathema to almost everyone, on all sides of the abortion debate. Yet, as this article aims to show, it is far more difficult than has previously been recognised to avoid the deeply unpalatable conclusion that it can sometimes be justified. Some of the most frequently‐occupied positions on the morality of abortion will imply precisely that conclusion, I argue, unless conjoined with an especially stringent and unattractive form of pacifism. This is true not only of strict anti‐abortion (...) views, but also, more surprisingly, of some of the most familiar and influential moderate defences of abortion rights. The latter conclusion raises the question, which further work will be required to fully resolve, of what our account of abortion ethics and prenatal moral status must be if it is to enable reconciliation of the common‐sense rejections of both pacifism and AAV. I end with reasons to expect that the path to an account that satisfies this demand, without generating further significant intuitive problems, will be far from straightforward. (shrink)

Humanism and the Death of God is a critical exploration of secular humanism and its discontents. Through close readings of three exemplary nineteenth-century philosophical naturalists or materialists, who perhaps more than anyone set the stage for our contemporary quandaries when it comes to questions of human nature and moral obligation, Ronald E. Osborn argues that "the death of God" ultimately tends toward the death of liberal understandings of the human as well. Any fully persuasive defense of humanistic values - including (...) the core humanistic concepts of inviolable dignity, rights, and equality attaching to each individual - requires an essentially religious vision of personhood. Osborn shows such a vision is found in an especially dramatic and historically consequential way in the scandalous particularity of the Christian narrative of God becoming a human. He does not attempt to provide logical proofs for the central claims of Christian humanism along the lines some philosophers might demand. Instead, this study demonstrates how philosophical naturalism or materialism, and secular humanisms and anti-humanisms, might be persuasively read from the perspective of a classically orthodox Christian faith. (shrink)

For four decades Ifeanyi Menkiti has addressed the question of which sort of community constitutes personhood from a characteristically African perspective. In this chapter, I critically discuss the conceptions of how one acquires personhood through community that Menkiti has advanced, in search of the one that would most enable him to avoid prominent moral objections made to his views over the years. In particular, his account of personhood has been criticized for insufficiently accommodating individual difference, most recently in respect of (...) gender and sexuality. I draw on the resources in Menkiti’s work for rebutting this line of criticism, but contend that, even if he can avoid that one, another, new objection looms large: because of Menkiti’s claim that reciprocity is central to community, he is committed to the view that human infants and mentally incapacitated adults lack moral standing, in the way he explicitly believes animals lack it. After showing that, according to Menkiti’s strongest conception of personhood, one counterintuitively cannot acquire it in the course of interacting with any non-persons, I articulate an alternative conception of how to understand the role of community in acquiring personhood that avoids this problem as well as the other ones discussed. (shrink)

Opponents and proponents alike of the freedom of the UK press to print prejudicial content about marginalised groups typically frame the debate in classic ‘free speech’ vs ‘harm principle’ terms. Those in favour of press freedom argue that the print press' right to freedom of expression beats any perceived or actual harm caused, and those against argue the opposite. Predictably, little progress is made in either party convincing the other. I suggest that we ought to instead ask, what grounds the (...) freedom of the press? I propose that one plausible answer is: the value of agential epistemic participation. And I argue that we cannot uphold that value at the same time as permitting discriminatory reporting against collectives of individuals. This offers a strong basis from which to argue for a change in UK press regulatory policy, to allow discrimination claims against groups of individuals to be heard. Further, when we consider the role of epistemic participation in one’s ability to perform as a person, we ought to find that most complaints will in practice find in the favour of the group in question, rather than the PPM. (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.

Ranging from miniaturized biological robots to organoids, multi-cellular engineered living systems (M-CELS) pose complex ethical and societal challenges. Some of these challenges, such as how to best distribute risks and benefits, are likely to arise in the development of any new technology. Other challenges arise specifically because of the particular characteristics of M-CELS. For example, as an engineered living system becomes increasingly complex, it may provoke societal debate about its moral considerability, perhaps necessitating protection from harm or recognition of positive (...) moral and legal rights, particularly if derived from cells of human origin. The use of emergence-based principles in M-CELS development may also create unique challenges, making the technology difficult to fully control or predict in the laboratory as well as in applied medical or environmental settings. In response to these challenges, we argue that the M-CELS community has an obligation to systematically address the ethical and societal aspects of research and to seek input from and accountability to a broad range of stakeholders and publics. As a newly developing field, M-CELS has a significant opportunity to integrate ethically responsible norms and standards into its research and development practices from the start. With the aim of seizing this opportunity, we identify two general kinds of salient ethical issues arising from M-CELS research, and then present a set of commitments to and strategies for addressing these issues. If adopted, these commitments and strategies would help define M-CELS as not only an innovative field, but also as a model for responsible research and engineering. (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)

Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.

This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights. It is an edited, draft excerpt from chapter 1 of my book, The Retrieval of Liberalism in Policing (Oxford, 2019).

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...) concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (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)

How should we treat patients diagnosed as being in a persistent vegetative state (PVS) or minimally conscious state (MCS)? More specifically, should we treat them as having the full moral status of persons? Yes, or so we argue. First, we introduce the medical conditions of PVS, MCS, and the related conditions of Locked-in Syndrome and covert awareness. Second, we characterize the main argument for thinking diagnosed PVS patients are not persons. Third, we contend that this argument is defeated by mounting (...) empirical evidence for the considerable uncertainty of PVS diagnoses. Fourth, we characterize a new argument for PVS non-personhood suggested by Neil Levy and Julian Savulescu, one intended to accommodate the diagnostic uncertainty. According to this argument, even if diagnosed PVS patients are in fact MCS, it makes no difference because MCS patients are probably not persons either. Fifth, we challenge the new argument by assembling reasons for doubting the claim that MCS patients are not persons. The outcome is that it is fairly uncertain whether diagnosed PVS and MCS patients are persons or not. What should we do in light of this uncertainty? Sixth, we develop and support a guiding precautionary principle, which we call Precautionary Personhood. Finally, we apply the principle to the case of diagnosed PVS and MCS patients: we argue that given substantial uncertainty about their personhood we should go ahead and treat these patients as if they are persons. (shrink)

How should we treat patients diagnosed with disorders of consciousness, such as patients diagnosed as minimally conscious or vegetative (yet who very well may be conscious)? Fischer and Truog (2017) argue that the consciousness and equal rights of these patients are relatively unimportant when deciding how we should treat them. That is, we should deemphasize their consciousness and equal rights and instead privilege the value judgments of the family/surrogate. We disagree. Drawing upon precautionary reasoning that we develop in Braddock (2017), (...) we contend that the consciousness and equal rights of these patients should be important factors in medical decision making, at least as important as the value judgments of the family/surrogate. (shrink)

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts (...) to find a balance for those concerns with the view of personhood offered that should engage current debates about abortion and women’s rights. (shrink)

Peter Singer famously argued in Animal Liberation that almost all of us are speciesists, unjustifiably favoring the interests of humans over the similar interests of other animals. Although I long found that charge compelling, I now find myself having doubts. This article starts by trying to get clear about the nature of speciesism, and then argues that Singer's attempt to show that speciesism is a mere prejudice is unsuccessful. I also argue that most of us are not actually speciesists at (...) all, but rather accept a view I call modal personism. Although I am not confident that modal personism can be adequately defended, it is, at the very least, a philosophical view worthy of further consideration. (shrink)

_The Ethics of Pregnancy, Abortion and Childbirth_ addresses the unique moral questions raised by pregnancy and its intimate bodily nature. From assisted reproduction to abortion and ‘vital conflict’ resolution to more everyday concerns of the pregnant woman, this book argues for pregnancy as a close human relationship with the woman as guardian or custodian. Four approaches to pregnancy are explored: ‘uni-personal’, ‘neighborly’, ‘maternal’ and ‘spousal’. The author challenges not only the view that there is only one moral subject to consider (...) in pregnancy, but also the idea that the location of the fetus lacks all inherent, unique significance. It is argued that the pregnant woman is not a mere ‘neighbor’ or helpful stranger to the fetus but is rather already in a real familial relationship bringing real familial rights and obligations. If the status of the fetus is conclusive for at least some moral questions raised by pregnancy, so too are facts about its bodily relationship with, and presence in, the woman who supports it. This lucid, accessible and original book explores fundamental ethical issues in a rich and often neglected area of philosophy in ways of interest also to those from other disciplines. (shrink)

This article develops an Arendtian conception of resentment and shows that resentment as a response to injustice is in fact only possible within a community of persons engaged in moral and recognitive relations. While Arendt is better known for her work on forgiveness—characterized as a creative rather than vindictive response to injury—this article suggests that Arendt provides a unique way of thinking about resentment as essentially a response to another human's subjectivity. But when injury is massive, so beyond the pale (...) that the possibility of face-to-face human interaction is annihilated, the space for resentment is thereby destroyed. Ironically, while the absence of resentment might at first seem to be an unproblematically good thing, Arendt shows us that the loss of resentment actually signals the loss of the properly human realm. (shrink)

We discuss applications of our account of moral status grounded in person-rearing relationships: which individuals have higher moral status or not, and why? We cover three classes of cases: (1) cases involving incomplete realization of the capacity to care, including whether infants or fetuses have this incomplete capacity; (2) cases in which higher moral status rests in part on what is required for the being to flourish; (3) hypothetical cases in which cognitive enhancements could, e.g., help dogs achieve human-like cognitive (...) capacities. We thereby show that our account does not have the counterintuitive implications alleged by DeGrazia and other critics. (shrink)

The concepts of personhood and human dignity are widely used in contemporary healthcare ethics. This chapter provides a brief overview of how the concept of human dignity came to be so important in healthcare ethics, and examines how the concept’s widespread use and relationship to the concept of personhood have led to problems regarding its meaning and relevance. A practical solution is then presented. The rise of the concept of human dignity in healthcare ethics The word dignity is derived from (...) the Latin dignus, which means worthy. Since dignity refers to worth, human dignity refers to the worth of the human. What makes the concept of human dignity important for ethics is that, unlike the dignity of a queen or the dignitaries at an awards ceremony, which expresses the worth or status of particular human individuals in relation to others, human dignity is meant to express a worth that is equally shared by all human individuals. It is not meant to be dependent upon their social status, economic wealth, race, gender or anything else. Moreover, it is meant to affirm a worth beyond price. Human individuals are said to be moral goods or ends in themselves, not merely good or useful as means to achieving other ends. (shrink)

Why does a baby who is otherwise cognitively similar to an animal such as a dog nevertheless have a higher moral status? We explain the difference in moral status as follows: the baby can, while a dog cannot, participate as a rearee in what we call “person-rearing relationships,” which can transform metaphysically and evaluatively the baby’s activities. The capacity to engage in these transformed activities has the same type of value as the very capacities (i.e., intellectual or emotional sophistication) that (...) explain unimpaired adult humans’ high moral status. We attempt to extend this account to individuals with severe cognitive impairments. (shrink)

Against the enthusiasm for dialogue and deliberation in recent democratic theory, the Italian philosopher Roberto Esposito and French philosopher Jacques Rancière construct their political philosophies around the nondialogical figure of the third person. The strikingly different deployments of the figure of the third person offered by Esposito and Rancière present a crystallization of their respective approaches to political philosophy. In this essay, the divergent analyses of the third person offered by these two thinkers are considered in terms of the critical (...) strategies they employ. Contrasting Esposito’s strategy of “ethical dissensus” with Rancière’s strategy of “aesthetic dissensus,” it is argued that Esposito’s attempts to recruit the figure of the third person to dismantle the dispositif of the person are politically problematic, while Rancière’s alternative account of the third person is more promising for political theory and practice. (shrink)

Nicholas Agar argues, that enhancement technologies could be used to create post-persons—beings of higher moral status than ordinary persons—and that it would be wrong to create such beings.1 I am sympathetic to the first claim. However, I wish to take issue with the second.Agar's second claim is grounded on the prediction that the creation of post-persons would, with at least moderate probability, harm those who remain mere persons. The harm that Agar has in mind here is a kind of meta-harm: (...) the harm of being made more susceptible to being permissibly harmed—more liable to harm. Agar suggests that, if post-persons existed, mere persons could frequently be permissibly sacrificed in order to provide benefits to the post-persons. For instance, perhaps they could be permissibly used in lethal medical experiments designed to develop medical treatments for post-persons. By contrast, he suggests that mere persons typically cannot be permissibly sacrificed to provide benefits to other mere persons. He thus claims that mere persons would be more liable to sacrifice if post-persons existed than they are in the absence of post-persons. The creation of post-persons would make them worse off in at least this one respect.Agar then argues that, since this meta-harm imposed on mere persons would not be compensated, it would be wrong to create post-persons. It is here that I believe his argument begins to go awry. According to the concept of compensation that Agar deploys , a harm imposed on X is compensated just in …. (shrink)

Legal systems divide the world into persons and property, treating animals as property. Some animal rights advocates have proposed treating animals as persons. Another option is to introduce a third normative category. This raises questions about how normative categories are established. In this article I argue that Kant established normative categories by determining what the presuppositions of rational practice are. According to Kant, rational choice presupposes that rational beings are ends in themselves and the rational use of the earth’s resources (...) presupposes that human beings have rights. I argue that rational choice also presupposes that any being for whom things can be good or bad must be regarded as an end in itself, and that the use of the world’s resources presupposes that any being who depends on those resources has rights. Although the other animals do not engage in rational practice, our own rational practice requires us to give them standing. (shrink)

In this paper I compare different criteria for moral status, and assess Regan's notion of a "subject of a life".

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)

[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)

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)

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals (...) is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

In Life's Dominion Ronald Dworkin argues that disagreement over the morality ofabortion is about how best to respect the intrinsic value of human life, rather than about foetal rights as many people mistakenly suppose. Dworkin argues that the state should be neutral indebates about intrinsic value and thus it should be neutral in the abortion debate. Through a consideration of the notion of intrinsic value, it is argued in this article that Dworkin'sargument fails. On the interpretation of which Dworkin seems (...) to favour, it is shown to be implausible that such a notion accounts for different views about the value of human life. On an alternative interpretation of it is argued that the state is not usually neutral on such matters, and thus there is no reason why it should be in the case of abortion. (shrink)

Privacy involves a zone of inaccessibility in a particular context. In social discourse it pertains to activities that are not public, the latter being by definition knowable by outsiders. The public domain so called is the opposite of secrecy and somewhat less so of confidentiality. The private sphere is respected in law and morality, now in terms of a right to privacy. In law some violations of privacy are torts. Philosophers tend to associate privacy with personhood. Professional relationships are prima (...) facie private but may be investigated for cause. Privacy may entail both intimacy and caring but neither necessarily so. Finally, various technology-based means of intrusion are rendering privacy ever more difficult to sustain. (shrink)