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

A common Western assumption is that animals cannot be persons. Even in animal ethics, the concept of personhood is often avoided. At the same time, many in cognitive ethology argue that animals do have minds, and that animal ethics presents convincing arguments supporting the individual value of animals. Although “animal personhood” may seem to be an absurd notion, more attention needs to placed on the reasons why animals can or cannot be included in the category of persons. Of (...) three different approaches to personhood—the perfectionist approach, the humanistic approach, and the interactive approach—the third approach is the strongest. Personhood defined via interaction opens new doors for animal ethics. (shrink)

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

Advocates of the Person-Centered Healthcare (PCH) approach say that PCH is a response to a failure of caring for patients as persons. Nevertheless, there are many human subjects falling to fulfill the requirements of a traditional philosophical definition of personhood. Hence, if we take, PCH seriously, a greater clarification of the key terminology of PCH is urgently needed. It seems necessary, for instance, that the concept of the person should be extended in order to include those individuals with insipient (...) or immature levels of consciousness, as well as those who are severely and permanently mentally handicapped. In this article, we will depart from some well-known philosophical concepts of what it means to be a person and try to offer a broader and more inclusive meaning. We suggest that persons are human beings with a socially recognized biography, which implies to recognize as persons individuals with necessities, but also with narratives about their interests and claims, expressed sometimes by other people related to them. This is particularly the case of individuals that suffer from severe disorders of consciousness. For those, is not only care that matters; respect matters too. Caregivers should therefore not only sympathetically care for the well-being of these people; they should also be concerned to respect their interests and claims by interpreting them empathetically, in the light of their biographical story. Our conclusion is that, in order to be coherent, PCH must consider individuals with severe disorders of consciousness as persons and we think that our revised concept of personhood fits with this requirement. (shrink)

Personhood is a foundational concept in ethics, yet defining criteria have been elusive. In this article we summarize attempts to define personhood in psychological and neurological terms and conclude that none manage to be both specific and non-arbitrary. We propose that this is because the concept does not correspond to any real category of objects in the world. Rather, it is the product of an evolved brain system that develops innately and projects itself automatically and irrepressibly onto the (...) world whenever triggered by stimulus features such as a human-like face, body, or contingent patterns of behavior. We review the evidence for the existence of an autonomous person network in the brain and discuss its implications for the field of ethics and for the implicit morality of everyday behavior. (shrink)

What kind of animals are human beings? And how do our visions of the human shape our theories of social action and institutions? In Moral, Believing Animals>, Christian Smith advances a creative theory of human persons and culture that offers innovative, challenging answers to these and other fundamental questions in sociological, cultural, and religious theory. Smith suggests that human beings have a peculiar set of capacities and proclivities that distinguishes them significantly from other animals on this planet. Despite the vast (...) differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings. (shrink)

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

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal (...) theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)

Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (...) (AI) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)

In her paper titled “The End of Personhood,” Jennifer Blumenthal-Barby (2024) takes a swipe at the functionalist account of personhood. The problem with the functionalist view of personhood is that...

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

Recent artificial intelligence advances, especially those of large language models (LLMs), have increasingly shown glimpses of human-like intelligence. This has led to bold claims that these systems are no longer a mere “it” but now a “who,” a kind of person deserving respect. In this paper, I argue that this view depends on a Cartesian account of personhood, on which identifying someone as a person is based on their cognitive sophistication and ability to address common-sense reasoning problems. I contrast (...) this with a different account of personhood, one where an agent is a person if they are autonomous, responsive to norms, and culpable for their actions. On this latter account, I show that LLMs are not person-like, as evidenced by their propensity for dishonesty, inconsistency, and offensiveness. Moreover, I argue current LLMs, given the way they are designed and trained, cannot be persons—either social or Cartesian. The upshot is that contemporary LLMs are not, and never will be, persons. (shrink)

The escalating global ecological degradation underlines the continued importance of the need of effective nature protection. In recent years a new concept– “environmental personhood” was developed. The article analyses the concept and asks the question if it can help with the efficiency of protecting the nature. It is the attempt to transfer the essence of human rights to animals and ecosystem, so they will no longer be right’-less. This concept has some of its beginning in the idea of “common (...) heritage of mankind”, which means that some places belong to the whole of humanity and that the resources of these places should be available to all. This article outlines the roots, the development and traces current trends in the legal personification of non-human persons. It asks legal-theoretical questions about the limits and possibilities of opening up the concept of legal personhood for non-human legal persons in order to protect the nature and discusses the possibility of creating new institutions that could protect it. The article also shows the importance of creating a new society sensitive to nature’s needs. (shrink)

Personhood is an extensively discussed theme in contemporary African philosophy, which has taken metaphysical, epistemological and normative dimensions. In Western philosophical traditions, discourse on personhood is transmuting to debates on transhumanism. Missing in the African philosophical literature is consideration of transhumanism and an explication of the relationship between personhood and transhumanism. In this article, I critically examine the relationship between personhood and transhumanism in an African context. Drawing on Barry Hallen’s African metaphysical account of personhood (...) and Thaddeus Metz’s Afro-communal normative conception of personhood, I argue that while some transhumanist elements are embedded in African normative and ontological conceptions of personhood, some others are not. In the final analysis, I defend an Afrofuturistic account of personhood that is compatible with some censored essentials of transhumanism in African thoughts. Keywords : Personhood, Transhumanism, Barry Hallen, Thaddeus Metz, Africa, Yoruba. (shrink)

Lockean accounts of personhood propose that an individual is a person just in case that individual is characterized by some advanced cognitive capacity. On these accounts, human beings with severe cognitive impairment are not persons. Some accept this result—I do not. In this paper, I therefore advance and defend an account of personhood that secures personhood for human beings who are cognitively impaired. On the account for which I argue, an individual is a person just in case (...) that individual belongs to a natural kind that is normally characterized by advanced cognitive capacities. Since “human being” is just such a natural kind, individual human beings can be persons even when they do not themselves have advanced cognitive capacities. I argue, furthermore, that we have good reason to accept this account of personhood over rival accounts since it is uniquely able to accommodate the intuitive concept of an impaired person. (shrink)

Drawing heavily on recent empirical research to update R.M. Hare's two-level utilitarianism and expand Hare's treatment of "intuitive level rules," Gary Varner considers in detail the theory's application to animals while arguing that Hare should have recognized a hierarchy of persons, near-persons, & the merely sentient.

In this essay I craft a procedure for evaluating claims of moral personhood that would allow us to answer ethical questions raised by issues like abortion, animal rights, artificial intelligence, etc. I focus specifically on the abortion debate as a case study for applying my procedure. I argue that our moral instincts have evolved to promote group cohesion, a necessary prerequisite of which is reliable identification of other group members. These are “persons” in the moral sense of the word. (...) However, while our moral intuitions may be good at picking out paradigmatic instances of moral persons, peripheral or putative instances of this category are a matter of intense debate. Further, I show that the attempt to clarify the boundaries of moral personhood by appealing to physical traits—what I characterize as the equation of moral personhood with ontological personhood—does not actually resolve the underlying ambiguity, nor does it answer the moral question why we ought to recognize moral rights in the first place. I argue instead for a three pronged inquiry that asks whether the entity in question is capable of articulating its own entitlement to moral consideration; if not, whether recognizing it as a moral person would facilitate the recognition of more paradigmatic instances of moral persons, or whether the failure so to recognize it would impede the recognition of more paradigmatic instances of moral persons; and whether the entity’s moral personhood can be recognized without cancelling or substantially burdening the moral rights of paradigmatic instances of moral persons. I argue that, applying this test, abortion is morally permissible, at least in the early stages of pregnancy when the vast majority of abortions occur anyway. (shrink)

In the article ‘After-birth abortion: why should the baby live?’ arguments are made in favour of the moral permissibility of intentionally killing newborn infants, under particular conditions. Here we argue that their arguments are based on an indefensible view of personhood, and we question the logic of harm and interest that informs their arguments. Furthermore, we argue that the conclusions here are so contrary to ordinary moral intuitions that the argument and conclusions based upon it—including those which defend more (...) mainstream methods of abortion—should be treated with immediate suspicion. (shrink)

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

Is it time to ditch the concept of “person” from practical fields, like bioethics? Blumenthal-Barby (2024) answers in the affirmative. They urge leaving personhood out of practical debates at the f...

This article defends a relational account of personhood. I argue that the structure of personhood consists of dyadic relations between persons who can wrong or be wronged by one another, even if some of them lack moral competence. I draw on recent work on directed duties to outline the structure of moral communities of persons. The upshot is that we can construct an inclusive theory of personhood that can accommodate nonhuman persons based on shared community membership. I (...) argue that, once we unpack the internal relation between directed duties, moral status, and flourishing, relations can ground personhood and include nonhuman animals. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

This paper explores the debate between personists, who argue that the concept of a person if of central importance for moral thought, and personists, who argue that the concept of a human being is of greater moral significance. On the one hand, it argues that normative naturalism, the most ambitious defense of the humanist position, fails to identify moral standards with standards of human behavior and thereby fails to undermine the moral significance of personhood. At the same time, it (...) contends that a more focused attention on the morally relevant features of human life may indeed play a crucial role in enhancing our moral understanding. (shrink)

Should we allocate costly health care to patients diagnosed with disorders of consciousness (DoC), such as patients diagnosed as being in a vegetative state or minimally conscious state? Peterson, Aas, and Wasserman (2021) argue that we should in their paper “What justifies the allocation of health care resources to patients with disorders of consciousness?” Their key insight is that the expected benefits to this patient population helps to justify such allocations. However, their insight is attached to a consequentialist framework aimed (...) at maximizing aggregate social welfare. An alleged virtue of their framework over Braddock’s (2017) approach is their agnosticism about the moral status and rights of DoC patients. In this commentary, however, we argue that their agnosticism is the biggest problem with their approach: failing to treat DoC patients as persons with rights runs the moral risk of violating their rights, which is more serious than the risk of failing to maximize social utility. A better approach that reduces moral risk would incorporate Braddock’s (2017) precautionary presumption of personhood. We should stand in solidarity with DoC patients and treat them as persons with dignity and rights. (shrink)

For caregivers of minimally communicative individuals, providing support in the absence of clearly meaningful responses is ethically fraught. We conducted a secondary analysis of qualitative data from caregivers of individuals who are minimally communicative, including persons with advanced dementia and individuals in disorders of consciousness. Our analysis led to two central claims: (1) Personhood is a threshold concept that is situated, relational, and dynamic and (2) in circumstances in which personhood is difficult to judge, caregivers can “fill the (...) gap” to reach the threshold through a repertoire of strategies. Because personhood is in part an attribution from others, a situational loss of personhood does not preclude restoration, nor does it eliminate moral status. (shrink)

Criticizing Richard Swinburne’s conception of God, John Hick argues that God cannot be personal because infinity and personhood are mutually incompatible. An essential characteristic of a person, Hick claims, is having a boundary which distinguishes that person from other persons. But having a boundary is incompatible with being infinite. Infinite beings are unbounded. Hence God cannot be thought of as an infinite person. In this paper, I argue that the Hickian argument is flawed because boundedness is an equivocal notion: (...) in one sense it is not essential to personhood, and in another sense—which is essential to personhood—it is compatible with being infinite. (shrink)

We examine the concept of personhood in relation to people living with dementia and implications for the humanity of care, drawing on a body of ethnographic work. Much debate has searched for an adequate account of the person for these purposes. Broad contrasts can be made between accounts focusing on cognition and mental faculties, and accounts focusing on embodied and relational aspects of the person. Some have suggested the concept of the person is critical for good care; others suggest (...) the vexed debates mean that the concept should be abandoned. We argue instead that the competing accounts illuminate the very tensions in personhood which are manifest for all of us, but especially for people living with dementia, and argue that our account has explanatory power in shedding light on how precisely dehumanisation and constraints on agency may arise for people living with dementia, and for staff, within an institutional context. (shrink)

Many debates in biomedical ethics today involve inconsistencies in defining the key term, person. Both sides of the abortion debate, for instance, beg the question about what constitutes personhood. This book explores the arguments concerning definitions of personhood in the history of modern philosophy, and then constructs a superior model, defined in terms of distinctive features. This model is shown to have distinct advantages over the necessary and sufficient condition models of personhood launched by essentialists. Philosophers historically (...) have been correct about what some of the pivotal distinctive features of personhood are, _e.q._, rationality, communications and self-consciousness, but they have been wrong about the _methods_ of recognizing and asserting personhood, and about the relative importance of feelings. In clinical care, complaints often surface that care is not personal. This book aims to improve care through providing a method of attending to patients as people. Charts in the Appendices show that where physicians attended to personal features important to their patients, sometimes the patients rated the care even higher than the physician did. The book will be useful to health-care providers whose goals include improving quality of care, listening to patients, and preventing malpractice. (shrink)

The concept of personhood has been central to bioethics debates about abortion, the treatment of patients in a vegetative or minimally conscious states, as well as patients with advanced dementia. More recently, the concept has been employed to think about new questions related to human-brain organoids, artificial intelligence, uploaded minds, human-animal chimeras, and human embryos, to name a few. A common move has been to ask what these entities have in common with persons (in the normative sense), and then (...) draw conclusions about what we do (or do not) owe them. This paper argues that at best the concept of “personhood” is unhelpful to much of bioethics today and at worst it is harmful and pernicious. I suggest that we (bioethicists) stop using the concept of personhood and instead ask normative questions more directly (e.g., how ought we to treat this being and why?) and use other philosophical concepts (e.g., interests, sentience, recognition respect) to help us answer them. It is time for bioethics to end talk about personhood. (shrink)

Traditionally, it has been assumed that metaphysical and practical questions about personhood and personal identity are inherently linked. Neo-Lockean views that draw such a link have been problematic, leading to an opposing view that metaphysical and ethical questions about persons should be sharply distinguished. This paper argues that consideration of this issue suffers from an overly narrow conception of the practical concerns associated with persons that focuses on higher-order capacities and fails to appreciate basic practical concerns more directly connected (...) to our animality. A more inclusive alternative is proposed. (shrink)

The concept of personhood has been central to bioethics debates about abortion, the treatment of patients in a vegetative or minimally conscious states, as well as patients with advanced dementia. More recently, the concept has been employed to think about new questions related to human-brain organoids, artificial intelligence, uploaded minds, human-animal chimeras, and human embryos, to name a few. A common move has been to ask what these entities have in common with persons (in the normative sense), and then (...) draw conclusions about what we do (or do not) owe them. This paper argues that at best the concept of “personhood” is unhelpful to much of bioethics today and at worst it is harmful and pernicious. I suggest that we (bioethicists) stop using the concept of personhood and instead ask normative questions more directly (e.g., how ought we to treat this being and why?) and use other philosophical concepts (e.g., interests, sentience, recognition respect) to help us answer them. It is time for bioethics to end talk about personhood. (shrink)

This chapter is about personhood in relation to ethics and to conciliar Christian theology, and how concepts of personhood may discriminate against profoundly cognitively disabled human beings. (By ‘conciliar Christian theology’ I mean the Christian theology that is articulated in, or endorsed by, the first seven ecumenical councils.) -/- I believe we can learn several things about personhood by looking at these two topics together. By examining ancient and medieval concepts of personhood and some modern conceptions (...) of personhood we gain a better grasp of the variety of concepts and what substantive work they were intended to do. By becoming familiar with (part of) the history of concepts of personhood we are better situated to appreciate and judge the theoretical work that these concepts were intended to do and what consequences they have in ethical and theological theorizing. -/- In the first section I tell a select history of moral philosophers theorizing about personhood and discuss these in relation to human beings with profound cognitive disability. I focus on John Locke, Immanuel Kant, and Mary Anne Warren. In the “When Personhood Is Discriminatory” section I argue that concepts of personhood, especially modern concepts of personhood, are typically used in a manner that discriminates against human beings with profound cognitive disabilities. I give two arguments against discriminatory uses of personhood, the Moral Shift Argument and the Argument against Exclusive Personhood. Although the Moral Shift Argument is deductively valid, it probably has little persuasive power over those who do not share the moral belief that profoundly cognitively disabled human beings are equal members of the moral community. However, the Argument against Exclusive Personhood has more argumentative force because it denies the claims that personhood is “self-evident” and that it is “obvious” to everyone. In the following section I survey a select history of concepts of personhood in order to establish the claims that concepts of personhood are not self-evident and are not obvious to everyone. This history of personhood goes back to ancient and medieval Christian theorizing and debating about personhood. It shows that concepts of personhood are not “self-evident” but rather are theoretical posits that are posited in theory construction in order to explain certain putative theological facts. Given that personhood is a theoretical posit and is not “self-evident,” moral philosophers who aim to determine the extent of the moral community on the basis of a supposedly “self-evident” concept of personhood are not justified in doing so. Moreover, given the Argument against Exclusive Personhood, philosophical theologians who wish to articulate models of the Trinity or Incarnation that are consistent with the seven ecumenical councils will find that they, like moral philosophers, are not justified to assume, or to insist on, modern personhood for their models of the Trinity or Incarnation. My overall conclusion, then, is that modern personhood is bad for ethics and unnecessary for conciliar ecumenical Christian theology. (shrink)

In this paper, I shall set out the pros and cons of assigning legal personhood on artificial intelligence systems under civil law. More specifically, I will provide arguments supporting a functionalist justification for conferring personhood on AIs, and I will try to identify what content this legal status might have from a regulatory perspective. Being a person in law implies the entitlement to one or more legal positions. I will mainly focus on liability as it is one of (...) the main grounds for the attribution of legal personhood, like for collective legal entities. A better distribution of responsibilities resulting from unpredictably illegal and/or harmful behaviour may be one of the main reasons to justify the attribution of personhood also for AI systems. This means an efficient allocation of the risks and social costs associated with the use of AIs, ensuring the protection of victims, incentives for production, and technological innovation. However, the paper also considers other legal positions triggered by personhood in addition to responsibility: specific competencies and powers such as, for example, financial autonomy, the ability to hold property, make contracts, sue. (shrink)

The lives of persons are valuable, but are all humans persons? Some humans—the immature, the damaged, and the defective—are not capable, here and now, of engaging in the rational activities characteristic of persons, and for this reason, one might call their personhood into question. A standard way of defendingit is by appeal to potentiality: we know they are persons because we know they have the potentiality to engage in rational activities. In this paper I develop acomplementary strategy based on (...) normativity. We know that the humans in question are persons because we know that lacking the here-and-now ability to engage in rational activities is—for them, unlike for tulips or kittens—a falling-short of some norm. Their personhood, in other words, is established on the basis of their being subject to the norm of having those here-and-now capacities. (shrink)

Unfolding as a series of materially oriented studies ranging from chairs, machines and doors to trees, animals and food, this book retells the story of Renaissance personhood as one of material relations and embodied experience, rather than of emergent notions of individuality and freedom. The book assembles an international team of leading scholars to formulate a new account of personhood in the sixteenth and seventeenth centuries, one that starts with the objects, environments and physical processes that made (...) class='Hi'>personhood legible. (shrink)

The debate on enhancement ethics cannot escape some of the deeper questions troubling the concept of personhood. That is, in a sentence, my reading of Robert Sparrow’s target article (Sparrow 2022)...

Abstractabstract:This essay uses the lens of moral status to explore the question of whether elephants ought to count as persons under the law. After distinguishing descriptive, moral, and legal concepts of personhood, the author argues that elephants are (descriptively) at least "borderline persons," justifying an attribution of full moral status and, thereby, a solid basis for legal personhood. A final section examines broad implications of elephant personhood.

ExtractThe idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a mere means (...) to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Wennemann argues that the traditional concept of personhood may be fruitfully applied to the ethical challenge we face in a posthuman age. The book posits that biologically non-human persons like robots, computers, or aliens are a theoretical possibility but that we do not know if they are a real possibility.

Twentieth century philosophers such as Simondon and Heidegger propose theories of subjectivation that inform our thinking about the definition of personhood and how it arises; including in the potentially wide-ranging context of personhood beyond the human. Simondon’s theory of transindividuation unfolds as a series of decenterings that provides a context for future persons that is a dynamic world of processes without fixity or attachment to any one kind of subject. Subjects participate in but do not cause individuation; and (...) they exist on a spectrum of capacity for action with other living beings including animals; human persons; and possibly a variety of future persons. The role of collectivity in the form of the other has been an important aspect of individuation; however I claim that the function of alterity need not be provided exclusively by a self-similar subject. Philosophical individuation theories serve as a foundation for an approach that opens up greater possibility for individuation in the context of future persons by identifying and alternatively fulfilling the underlying functionality required by individuation. (shrink)

This chapter focuses on moral personhood understood in terms of the notion of moral status. An entity is said to have moral status only if it or its interest matters morally for its own sake. Nonutilitarians tend to think of moral status in terms of entitlements and protections that can conflict with, and sometimes override, doing what would maximize the good and minimize the bad. If moral status comes in degrees, and if there is a status of the highest (...) degree (i.e., full moral status), then moral persons are those with full moral status. After giving a more precise account of it, we assess different views of what it takes to qualify for full moral status (some of which appeal to metaphysical notions of person). We also briefly discuss how metaphysical notions of personhood are put to moral use in utilitarian moral theorizing that eschews the notion of moral personhood. (shrink)

The concept of person is integral to bioethical discourse because persons are the proper subject of the moral domain. Nevertheless, the concept of person has played no role in the prevailing formulation of human death because of a purported lack of consensus concerning the essential attributes of a person. Beginning with John Locke's fundamental proposition that person is a ‘forensic term’, I argue that in Western society we do have a consensus on at least one necessary condition for personhood, (...) and that is the capacity for conscious experience. When we consider the whole brain formulation of death, and the most prominent defense of it by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, we can readily identify the flaws that grow out of the failure to define human death as the permanent loss of the capacity for conscious experience. Most fundamental among these flaws is a definition of human death that reduces persons to the capacity of the brain to regulate purely physiological functioning. Such a formulation would, in theory, apply to any member of the animal kingdom. I suggest that an appropriate concept of death should capture what it is about a particular living being that is so essential to it that the permanent loss of that thing constitutes death. What is essential to being a human being is living the life of a person, which derives from the capacity for conscious experience. (shrink)

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