Legal scholars and philosophers have long debated the moral standing of the act-omission distinction, with some favoring the view that actions ought to be considered as morally different from omissions, while others disagree. Several empirical studies suggest that people judge actions that cause harm as worse than omissions that cause the same harm with the implication that our folk psychology commonly perceives this distinction as morally significant. Here we explore the robustness of people's moral intuitions, and in particular, whether the (...) omission bias can be eliminated in the face of explicit and familiar laws that take away the moral standing of the distinction between actions and omissions. We show that although Dutch law allows both active and passive euthanasia, and although our Dutch participants were well aware of this law and supported it, they nonetheless showed a robust omission bias across a wide range of moral dilemmas. We conclude by discussing the relationship between our folk moral intuitions and explicit moral rules that are handed down by law and religion. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid (...) bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

This paper argues that, if we are committed to a Pro-choice stance with regard to selective abortion for disability, we will be unable to justify the prohibition of sex-selective abortion (SSA), for two reasons. First, familiar Pro-choice arguments in favour of a woman’s right to select against fetal impairment also support, by parity of reasoning, a right to choose SSA. Second, rejection of the criticisms of selective abortion for disability levelled by disability theorists also disposes, by implication, of the key (...) objections to SSA, as developed, most notably, by feminists. The paper, then, consists of a conditional defence of SSA, under which SSA should be available, and protected by a right, if selective abortion for disability is. Opponents of SSA might respond by conceding additional restrictions on selection against disabled fetuses. It should become clear throughout the paper, however, that any such new restrictions would be unacceptably onerous for women. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, they are (...) themselves substantive. (shrink)

Although thinkers of the past might have started from presumptions of fundamental difference and inequality between (say) the genders, or people of different races, this is no longer the case. At least in mainstream political philosophy, we are all now presumed to be, in some fundamental sense, basic equals. Of course, what follows from this putative fact of basic equality remains enormously controversial: liberals, libertarians, conservatives, Marxists, republicans, and so on, continue to disagree vigorously with each other, despite all presupposing (...) some kind of basic equality. They may argue about who gets what, how much, and why, but the starting point - that all people are in some sense deserving of prima facie equal consideration - has become an axiom of our moral and political thinking. But why? Why are we basic equals? The trouble is that as soon as one asks for an explanation of this foundational premise, it begins to look shaky. After all, on any conceivable metric human beings are notably unequal, and often to striking degrees. Philosophers in this area tend to talk of equal worth, but often without trying to specify what exactly that means. Philosophically, basic equality is neither acceptable nor rejectable. It is not rejectable because we appear to be, as a matter of fact, profoundly committed to the truth of the claim that we are all one another's basic equals. But to the extent that there appear to be no philosophical arguments for believing in the truth of basic equality, it is not acceptable either. The aim of this book is to try and show why basic equality is acceptable. To do so, however, it will also contend that we need to approach the question rather differently to how it has mostly been handled so far. What's required is an exercise in what Bernard Williams called 'impure philosophy': it must include insights from other areas of human intellectual endeavour, whether psychology and history or even what we learn from how we go about practicing basic equality in our collective lives. (shrink)

When is it permissible to allow a newborn infant to die on the basis of their future quality of life? The prevailing official view is that treatment may be withdrawn only if the burdens in an infant's future life outweigh the benefits. In this paper I outline and defend an alternative view. On the Threshold View, treatment may be withdrawn from infants if their future well-being is below a threshold that is close to, but above the zero-point of well-being. I (...) present four arguments in favor of the Threshold View, and identify and respond to several counterarguments. I conclude that it is justifiable in some circumstances for parents and doctors to decide to allow an infant to die even though the infant's life would be worth living. The Threshold View provides a justification for treatment decisions that is more consistent, more robust, and potentially more practical than the standard view. (shrink)

This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.

Common sense has it that animals matter considerably less than humans; the welfare and suffering of a cow, a chicken or a fish are important but not as much as the welfare and suffering of a human being. Most animal ethicists reject this “speciesist” view as mere prejudice. In their opinion, there is no difference between humans and other animals that could justify such unequal consideration. In the opposite camp, advocates of speciesism have long tried to identify a difference that (...) would fit the bill, but they have consistently seemed to fail. In light of this, some naturally began to appeal to Moorean arguments: the case against speciesism must be flawed somehow, these philosophers maintain, because speciesism is supported by a strong and widespread intuition. This chapter draws on recent findings in social psychology to criticize this defence of speciesism. It argues that the strong and widespread intuition that humans count more than animals is epistemically defective because it is causally shaped by a pair of irrelevant influences: cognitive dissonance and tribalism. Accordingly, it is no suitable basis for a Moorean argument. (shrink)

Philosophical Papers, Volume 41, Issue 1, Page 129-147, March 2012.

Constitution theorists have argued that due to a difference in persistence conditions, persons are not identical with the animals or the bodies that constitute them. A popular line of objection to the view that persons are not identical with the animals/bodies that constitute them is that the view commits one to undesirable overpopulation, with too many minds and too many thinkers. Constitution theorists are well aware of these overpopulation concerns and have gone a long way toward answering them. However, there (...) is one mental excess worry that remains especially problematic. It is argued here that the worry about too many thoughts, or too many instantiations of mentality in general, remains a serious threat to the constitution view of persons. What exactly the threat is and how it arises is described in detail in Section III. It is then shown that attempts to allay the concern are unsuccessful. I argue, in particular, that appealing to the distinction between derivative and non-derivative instantiation fails to solve the problem. (shrink)

In this chapter, I consider the idea that physician-assisted death might come into question in the cases of psychiatric patients who are incapable of making autonomous choices about ending their lives. I maintain that the main arguments for physician-assisted death found in recent medical ethical literature support physician-assisted death in some of those cases. After assessing several possible criticisms of what I have argued, I conclude that the idea that physicianassisted death can be acceptable in some cases of psychiatric patients (...) who lack autonomy ought to be taken into account in assessing the moral and legal acceptability of physician-assisted death. (shrink)

Jeff McMahan has recently developed the embodied mind theory of identity in place of the other standing theories, which he examines and consequently rejects. This paper examines the performance of his theory on cases of commissurotomy or the split-brain syndrome. Available experimental data concerning these cases seem to suggest that a single mind can divide into two independent streams in ways that are incompatible with our intuitive notion of mind. This phenomenon poses unique problems for McMahan's theory that we are (...) essentially minds. I attempt to use his considered response to these cases as a weapon against his own embodied mind theory by highlighting some of the tensions in McMahan's response. In particular, I argue that in reaching his conclusion McMahan admits to something quite contrary to the very spirit of his own theory and that it is a powerful point in its support that one of the theories McMahan rejects can deal very well with these cases. (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 doctrine (or principle) of double effect is often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting some good end. According to the principle of double effect, sometimes it is permissible to cause a harm as a side effect (or “double effect”) of bringing about a good result even though it would not be permissible to cause such a harm as a (...) means to bringing about the same good end. Does the principle of double effect play the important explanatory role that has been claimed for it? To consider this question, one must be careful to clarify just what the principle is supposed to explain. Three misinterpretations of the principle’s force or range of application are common. 1. To ensure that Double Effect is not misunderstood as principle issuing a blanket permission on causing any unintended harm that yields a benefit, applications must require that the agent seek to minimize the harm involved. 2. Since it is widely accepted that it is wrong to aim to produce harm to someone as an end, to rule this out is not part of double effect’s distinctive content. 3. Harms that were produced regretfully and only for the sake of producing a good end may be prohibited by double effect because they were brought about as part of the agent’s means to realizing the good end. (shrink)

Often institutions or individuals are faced with decisions where not all claims can be satisfied. Sometimes, these claims will be of differing strength. In such cases, it must be decided whether or not weaker claims can be aggregated in order to collectively defeat stronger claims. Many are attracted to a view, which this chapter calls Limited Aggregation, where this is sometimes acceptable and sometimes not. A new version of this view, Local Relevance, has recently emerged. This chapter seeks to explore (...) and evaluate this view. In order to do so, the chapter offers a more precise interpretation of this basic approach, calling it ‘Sequential Claims-Matching’. The chapter shows how Sequential Claims-Matching avoids problems that dog other Limited Aggregation views but suffers from difficulties and ambiguities of its own. In particular, the chapter shows that it is hard to accommodate some core Limited Aggregation intuitions around tie-break cases within the Local Relevance view. (shrink)

Maria Kronfeldner’s Preface and Introduction to the Routledge Handbook of Dehumanization maps the landscape of dehumanization studies. She starts with a brief portrayal of the history of the field. The systematically minded sections that follow guide the reader through the resulting rugged landscape represented in the Handbook’s contributions. Different realizations, levels, forms, and ontological contrasts of dehumanization are distinguished, followed by remarks on the variety of targets of dehumanization. A discussion on valence and emotional aspects is added. Causes, functions, and (...) consequences of dehumanization, and the prospects for reducing or undoing it, are introduced. The systematic overview closes with a discussion of some important theoretical complexities that arise in studying dehumanization. After these systematic sections, the scholarly work on dehumanization gets situated in the broader intellectual landscape of debates about the ‘human’ in the humanities and social sciences. The Introduction ends with some notes on scope, limitations, and intended readership of the Handbook. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

I argue that excessive reliance on the notion of “the badness of death” tends to lead theorists astray when thinking about healthcare prioritisation. I survey two examples: the confusion surrounding the “time-relative interests account” of the badness of death, and a confusion in the recent literature on cost-benefit analyses for family planning interventions. In both cases, the confusions in question would have been avoided if (instead of attempting to theorise in terms of the badness of death) theorists had forced themselves (...) first to write down an appropriate value function, and then focused on the question of how to maximize value. (shrink)

Abstract The goal of this chapter is to provide an opinionated overview of the psychologically based account of personal identity and the role of agency within such an account. I describe the essential points of the psychological criterion of personal identity. Then, I discuss how the psychological criterion is related to the Reductionist View of personal identity and whether it is committed to what Derek Parfit names the Extreme Claim. I further discuss how the agency-based views of personal identity can (...) be accommodated within Derek Parfit’s psychologically based view of personal identity. I end the chapter by discussing how an agency-based view, as most notably developed by Christine Korsgaard, could be used to vindicate practical concerns that are traditionally related to personal identity. (shrink)

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

In this chapter we discuss some of the central ethical issues specific to eating and harvesting fish. We survey recent research on fish intelligence and cognition and discuss possible considerations that are distinctive to questions about the ethics of eating fish as opposed to terrestrial and avian mammals. We conclude that those features that are distinctive to the harvesting and consumption of fish, including means of capture and the central role that fishing plays in many communities, do not suggest that (...) eating fish is less morally problematic than eating terrestrial of avian animals. (shrink)

Most believe that it is worse for a person to die than to continue to exist with a good life. At the same time, many believe that it is not worse for a merely possible person never to exist than to exist with a good life. I argue that if the underlying properties that make us the sort of thing we essentially are can come in small degrees, then to maintain this commonly-held pair of beliefs we will have to embrace (...) an implausible sort of evaluative hypersensitivity to slight nonevaluative differences. Avoidance of such hypersensitivity pressures us to accept that it can be worse for merely possible people never to exist. If this conclusion is correct, then the standard basis for giving no or less priority to merely possible persons would disappear (i.e., that things cannot be better or worse for them). Though defenders of Person-Affecting Views and their opponents may still disagree in theory, they could arrive at the same answers to many monumentally important practical questions. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

The purpose of the study is to identify a common theoretical basis for the study of human life as capital and unconditional higher value. Theoretical basis is based on the value-laden and revised structural constructivism, provided by the French philosopher and sociologist Pierre Bourdieu, critical analysis of the concepts of capital as the embodiment of social expectations, the biological concept of the value of human life, as well as the concepts of its sanctity. Originality. It is proved that one should (...) not consider the value of human life as capital only but instead takes into account its different value interpretations, especially when forming the social identity of a person. Moreover, in each of the value systems, the value of human life can be recognized as unconditional, which does not prevent the coexistence of such different value interpretations within the framework of one social identity, which then inevitably becomes a multiple social identity. Conclusions. Human life cannot be considered as a result of integrating economic expectations into the concept of "advertising" capital: first, expectations may well be inadequate; second, expectations by themselves are not directly related to capital; third, expectations do not necessarily lead to development; fourth, one should clearly distinguish between the spontaneous "expectations" and the values that express people’s strong motivation as members of social communities. The multiplicity of possible cultural conditions that affirm the unconditional value of life indicates that this unconditionality is always relevant rather than absolute. The multiple social identities could be used to add value to the protection of human life, the affirmation of multiple social identities is a means of affirming the unconditional value of human life – it is unconditional in several alternative ways. (shrink)

Animal rights positions face the ‘predator problem’: the suggestion that if the rights of nonhuman animals are to be protected, then we are obliged to interfere in natural ecosystems to protect prey from predators. Generally, rather than embracing this conclusion, animal ethicists have rejected it, basing this objection on a number of different arguments. This paper considers but challenges three such arguments, before defending a fourth possibility. Rejected are Peter Singer’s suggestion that interference will lead to more harm than good, (...) Sue Donaldson and Will Kymlicka’s suggestion that respect for nonhuman sovereignty necessitates non-interference in normal circumstances, and Alasdair Cochrane’s solution based on the claim that predators cannot survive without killing prey. The possibility defended builds upon Tom Regan’s suggestion that predators, as moral patients but not moral agents, cannot violate the rights of their prey, and so the rights of the prey, while they do exist, do not call for intervention. This idea is developed by a consideration of how moral agents can be more or less responsible for a given event, and defended against criticisms offered by thinkers including Alasdair Cochrane and Dale Jamieson. (shrink)

While there is a vast philosophical literature exploring the conditions under which it is appropriate to hold individuals morally responsible for their actions, relatively little attention has been paid to the related question of which kinds of individuals merit these responsibility ascriptions. Under normal circumstances, typical adult human beings are held morally responsible for their behaviour but infants and nonhuman animals are not. In this thesis, I aim to account for this difference. That is, I aim to give an analysis (...) of the concept of moral agency. In Chapter One, I begin with a schema of moral agency, under which moral agents are characterised by the possession of certain abilities, enabling certain actions, for which certain responses are warranted. The literature on moral responsibility offers many ways of filling in these details, primarily by specifying the relevant agential abilities in terms of various responsibility conditions. My aim in this chapter is to offer a basic account, under which moral agents are characterised by the simplest possible abilities while still being appropriate targets of the relevant responses, such as praise and blame. I draw on the work of Nomy Arpaly, whose account of moral responsibility identifies the relevant ability as the ability to act out of good or ill will. I offer an analysis of this ability, under which basic moral agency is characterised by the ability to have desires about others’ mental states. In Chapter Two, I consider a range of alternative responsibility conditions offered by other philosophers, each of which appears to be necessary for moral agency. I argue that these conditions are not necessary for a basic account of moral agency. In Chapter Three, I move beyond basic moral agency to offer a more restrictive account that aims to capture other important aspects of our moral lives: the practice of justification and our ability to improve our moral character. I claim these aspects are underpinned by the use of moral reasons to guide our behaviour, and in contrast to moral motivation, this guidance is characterised by the ability to have beliefs about the desirability of actions. In Chapter Four, I aim to answer two questions: at what age do humans become moral agents, and are there any nonhuman animals who are moral agents. I draw on the work of Josef Perner, who offers a three-stage framework of the development of mental representation during childhood. I consider the conceptual coherence of this framework, its applicability to both accounts of moral agency developed in the thesis, and the empirical evidence that bears on the framework. As a result, I tentatively conclude that basic moral agency develops at around 18 months of age and may be present in a few species of nonhuman animal, whereas the more restrictive type of moral agency developed in Chapter Three develops no earlier than around 3.5 years of age and is restricted to human beings. (shrink)

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.

I defend a novel account of the wrong of subjecting people to non-consensual sterilization (NCS), particularly in the context of the state-sponsored eugenics programmes once prevalent in the United States. What makes the eugenic practice of NCS distinctively wrong, I claim, is its dehumanizing core: the fact that it is tantamount to treating people as nonhuman animals, thereby expressing the degrading social meaning that they have the value of animals. The practice of NCS is prima facie seriously wrong partly, but (...) crucially, on these grounds. I consider and reject accounts of the wrong of NCS that make no reference to its animalizing character, such as that it violates victims’ (procreative) autonomy, amounts to treating them merely as a means, inflicts psychological harm on them, or constitutes an affront to their human dignity. My discussion suggests that the critical vocabulary of bioethics should be expanded beyond talk of rights-violations, benefits and harms, and equal treatment—and that the language of dehumanization is indispensable to bioethicists. (shrink)

This book sheds light on various ethical challenges military and humanitarian health care personnel face while working in adverse conditions. Contexts of armed conflict, hybrid wars or other forms of violence short of war, as well as natural disasters, all have in common that ordinary circumstances can no longer be taken for granted. Hence, the provision of health care has to adapt, for example, to a different level of risk, to scarce resources, or uncommon approaches due to external incentives or (...) requirements. This affects the practice of health care as well as its ethics. This book offers a panoramic overview on various challenges healthcare faces in extraordinary situations and provides new insights from practitioners’ as well as from academic scholars’ perspectives. (shrink)

The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing the case of pain and the interest (...) in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

The expansion of research on deep brain stimulation (DBS) and adaptive DBS (aDBS) raises important neuroethics and policy questions related to data sharing. However, there has been little empirical research on the perspectives of experts developing these technologies. We conducted semi-structured, open-ended interviews with aDBS researchers regarding their data sharing practices and their perspectives on ethical and policy issues related to sharing. Researchers expressed support for and a commitment to sharing, with most saying that they were either sharing their data (...) or would share in the future and that doing so was important for advancing the field. However, those who are sharing reported a variety of sharing partners, suggesting heterogeneity in sharing practices and lack of the broad sharing that would reflect principles of open science. Researchers described several concerns and barriers related to sharing, including privacy and confidentiality, the usability of shared data by others, ownership and control of data (including potential commercialization), and limited resources for sharing. They also suggested potential solutions to these challenges, including additional safeguards to address privacy issues, standardization and transparency in analysis to address issues of data usability, professional norms and heightened cooperation to address issues of ownership and control, and streamlining of data transmission to address resource limitations. Researchers also offered a range of views on the sensitivity of neural activity data (NAD) and data related to mental health in the context of sharing. These findings are an important input to deliberations by researchers, policymakers, neuroethicists, and other stakeholders as they navigate ethics and policy questions related to aDBS research. (shrink)

The evaluation of whether an animal has a life worth living (LWL) has been suggested as a useful concept for farm animal policymaking. But there are a number of different ways in which the concept could be applied. This paper attempts to identify and evaluate candidate ethical principles based on the concept. It suggests that an appropriate principle by which to apply the concept is one that (1) is framed in terms of preventing an animal having a life worth avoiding (...) (LWA), rather than ensuring they have LWL, (2) is based on a prospective, rather than retrospective, concept of a life’s worth, and (3) relates to both the perpetuation and creation of an animal at all times during its life. The paper concludes by endorsing an overarching principle that no animal should be unreasonably caused to be, or allowed to remain, in a position of having a prospective LWA. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan (...) Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral duty (...) to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

This paper provides a new analysis and critique of Rawlsian public reason’s handling of the abortion question. It is often claimed that public reason is indeterminate on abortion, because it cannot say enough about prenatal moral status, or give content to the (allegedly) political value which Rawls calls ‘respect for human life’. I argue that public reason requires much greater argumentative restraint from citizens debating abortion than critics have acknowledged. Beyond the preliminary observation that fetuses do not meet the criteria (...) of political personhood, I contend, public reasoners may say nothing about prenatal moral status. Indeed, respect for human life (as distinct from respect for persons) is not, I show, a genuine political value, whose interpretation lies within public reason’s remit. This fact does not, however, prevent deliberators from drawing determinate conclusions regarding the law of abortion. Instead, I show, public reason has radically permissive implications for the legal regulation of feticide, inclining heavily towards the view that abortion should be allowed with little or no qualification, right until birth. I end by giving grounds for thinking that, even if the argumentative restraint which public reason enjoins over prenatal moral status does not generate indeterminacy, it is nonetheless objectionable. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

Life-sustaining treatment is sometimes withdrawn or withheld from critically ill newborn infants with poor prognosis. Guidelines relating to such decisions place emphasis on the best interests of the infant. However, in practice, parental views and parental interests are often taken into consideration.In this paper I draw on the example of newborn infants with severe muscle weakness (for example spinal muscular atrophy). I provide two arguments that parental interests should be given some weight in decisions about treatment, and that they should (...) be given somewhat more weight in decisions about newborns than for older children. Firstly, the interests of the infant and of parents intersect, and are hard to separate. Parents’ views about treatment may be relevant to an assessment of the infant’s interests, and they may also affect those interests. Secondly, the interests of the infant in her future are relatively reduced by her developmental immaturity. In some situations parents’ welfare interests outweigh those of the infant. However, I argue that this would not justify treatment limitation except in the setting of severe impairment. (shrink)

I show that the existence of an omniscient, omnipotent, and essentially omnimalevolent being is impossible given only two metaethical assumptions (viz., moral rationalism and reasons internalism). I then argue (pace Stephen Law) that such an impossibility undercuts Law’s (Relig Stud 46(3):353–373, 2010) evil god challenge.

We agree with Emily Walsh (2020) that the current preferences of patients with dementia should sometimes supersede those patients’ advance directives. We also agree that consensus clinical ethics guidance does a poor job of explaining the moral value of such patients’ preferences. Furthermore, Walsh correctly notes that clinicians are often averse to treating patients with dementia over their objections, and that this aversion reflects clinical wisdom that can inform revisions to clinical ethics guidance. But Walsh’s account of the moral value (...) of the preferences of patients with dementia suffers from three major problems: (1) it does not engage the actual practices of clinical ethics; (2) it provides an inadequate account of why these patients’ preferences matter; and (3) it offers a poor explanation of clinicians’ intuitions in these cases. Her arguments engage a philosophical debate that is largely irrelevant to clinical practice and she therefore leaves pressing real-world clinical ethics questions unaddressed. After underscoring some of Walsh’s main points, we will discuss each of these shortcomings. (shrink)

This article evaluates the moral status of hominins, and obligations we may have towards them. In exploring these ethical considerations, I consider one of the most recent hominin finds: the ‘graveyard’ of Homo naledi in the Dinaledi caves at the Cradle of Humankind in South Africa. I argue that findings about H. naledi establish a pro tanto duty not to excavate their remains.

Epicurus argued that death can be neither good nor bad because it involves neither pleasure nor pain. This paper focuses on the deprivation account as a response to this Hedonist Argument. Proponents of the deprivation account hold that Epicurus’s argument fails even if death involves no painful or pleasurable experiences and even if the hedonist ethical system, which holds that pleasure and pain are all that matter ethically, is accepted. I discuss four objections that have been raised against the deprivation (...) account and argue that this response to Epicurus’s argument is successful once it has been sufficiently clarified. (shrink)

Under what circumstances if ever ought we to grant that Artificial Intelligences (AI) are persons? The question of whether AI could have the high degree of moral status that is attributed to human persons has received little attention. What little work there is employs western conceptions of personhood, while non-western approaches are neglected. In this article, I discuss African conceptions of personhood and their implications for the possibility of AI persons. I focus on an African account of personhood that is (...) prima facie inimical to the idea that AI could ever be ‘persons’ in the sense typically attributed to humans. I argue that despite its apparent anthropocentrism, this African account could admit AI as persons. (shrink)