Jeff McMahan's impressive recent defence of the embodied mind theory of personal identity in his highly acclaimed work The Ethics of Killing has undoubtedly reawakened belief that physical continuity is a necessary component of the relation that matters in our self-interested concern for the future. My aim in this paper is to resist this belief in a somewhat roundabout way. I want to address this belief in a somewhat roundabout way by revisiting a classic defence of the belief that enormous (...) changes in the contents of a person's psychology does not preclude justified fear of future pain. I have in mind Bernard Williams' The Self and the Future (1970) in which he argues, against the psychological view, that physical continuity is necessary for survival. I examine Williams' second thought experiment which ostensibly supports that intuition and afterwards defend two related claims. First, I argue that a close examination of the second thought experiment reveals that one's prior commitments to a particular criterion of personal identity can influence one's response to that thought experiment. Second, I argue that Williams' second thought experiment is set out in questionbegging terms. I do not claim, however, that the intuition under consideration lacks justification; I only claim that Williams' second thought experiment does not provide the needed support. (shrink)

Don Marquis has argued most abortions are immoral, for the same reason that killing you or me is immoral: abortion deprives the fetus of a valuable future. Call this account the FLOA. A rival account is Jeff McMahan’s, time-relative interest account of the wrongness of killing. According to this account, an act of killing is wrong to the extent that it deprives the victim of future value and the relation of psychological unity would have held between the victim at the (...) time of death and herself at a later time if she had lived. The TRIA supposedly has two chief advantages over Marquis’s FLOA. First, unlike the FLOA, the TRIA does not rely on the controversial thesis that identity is what matters in survival. Second, the TRIA yields more plausible verdicts about cases. Proponents of the TRIA use the account to argue that abortion is generally permissible, because there would be little to no psychological unity between the fetus and later selves if it lived. I argue that advocates of the TRIA have failed to establish its superiority to the FLOA, for two reasons. First, the two views are on a par with respect to the thesis that identity is what matters in survival. Second, Marquis’s FLOA does not yield the counterintuitive implications about cases that advocates of the TRIA have attributed to it, and the TRIA yields its own share of implausible judgments about cases. (shrink)

El trabajo ofrece una reconstrucción de aquello que la dogmática del derecho penal denomina una “tentativa inacabada”, cuya estructura es analizada a partir de premisas obtenidas de la filosofía de la acción. El argumento se centra en demostrar por qué y cómo la así llamada “resolución-al-hecho”, en cuanto presupuesto de tal forma de tentativa, ha de ser caracterizada como una intención previa, a través de cuya formación el agente adquiere el compromiso práctico de ejecutar u omitir una acción de cierta (...) índole. El objetivo así perseguido consiste en identificar las condiciones de las cuales depende que una tentativa inacabada pueda ser constitutiva de un quebrantamiento de la misma norma quebrantada por el autor del respectivo delito consumado. (shrink)

The concept of a time-relative interest is introduced by Jeff McMahan to solve certain puzzles about the badness of death. Some people (e.g. McMahan and David DeGrazia) believe that this concept can also be used to show that abortion is permissible. In this paper, I first argue that if the Time-Relative Interest Account permits abortion, then it would also permit infanticide.

Brain death has been accepted worldwide medically and legally as the biological state of death of the organism. Nevertheless, the literature has described persistent problems with this acceptance ever since brain death was described. Many of these problems are not widely known or properly understood by much of the medical community. Here we aim to clarify these issues, based on the two intractable problems in the brain death debates. First, the metaphysical problem: there is no reason that withstands critical scrutiny (...) to believe that BD is the state of biological death of the human organism. Second, the epistemic problem: there is no way currently to diagnose the state of BD, the irreversible loss of all brain functions, using clinical tests and ancillary tests, given potential confounders to testing. We discuss these problems and their main objections and conclude that these problems are intractable in that there has been no acceptable solution offered other than bare assertions of an ‘operational definition’ of death. We present possible ways to move forward that accept both the metaphysical problem - that BD is not biological death of the human organism - and the epistemic problem - that as currently diagnosed, BD is a devastating neurological state where recovery of sentience is very unlikely, but not a confirmed state of irreversible loss of all [critical] brain functions. We argue that the best solution is to abandon the dead donor rule, thus allowing vital organ donation from patients currently diagnosed as BD, assuming appropriate changes are made to the consent process and to laws about killing. (shrink)

This article discusses the relationship between two theories about the badness of death, the Life-Comparative Account and the Gradualist Account, and two methods of operationalizing severity in health care priority setting, Absolute Shortfall and Proportional Shortfall. The aim is that theories about the badness of death can influence and inform the idea of the basis of severity as a priority setting criterion. I argue that there are strong similarities between the Life-Comparative Account and Absolute Shortfall, and since the Life-Comparative Account (...) is one of the most reasonable accounts of the badness of death, this provides some support for using Absolute Shortfall. I also argue that it is difficult to find support for Proportional Shortfall from theories about the badness of death, and also, that it is difficult to find support for Gradualist Account from theories about severity. (shrink)

Underlying President Bush's view regarding stemcell research and cloning are two assumptions: we originate at conception, and we have full moral status as soon as we originate. I will challenge both assumptions, argue that at least the second is mistaken, and conclude that the President's approach is unsustainable.

The morality of embryonic stem cell research depends on the moral status of human embryos. I defend the interest view against some of Don Marquis's objections, and show that on his own Valuable Futures account, ESCR is morally permissible.

Is a theory of identity necessary for bioethics? In this paper I investigate that question starting from an empirical explication of identity based on post-genomics, in particular on epigenetics. After analysing whether the classic problems a theory of identity has to cope with also affect the proposed epigenetic account of identity, I deal with three topics to offer an insight on the relationship between that account and bioethics.

In the paper, after clarifying terms such as ‘identity’, ‘self’ and ‘personhood’, I propose an empirical account of identity based on the notion of “whole phenotype”. This move allows one to claim the persistence of the individuals before and after their being affected by dementia. Furthermore, I show how this account permits us to address significant questions related to demented individuals’ loss of the capacity of moral decisions.

A recent commentary defends 1) the concept of 'brain arrest' to explain what brain death is, and 2) the concept that death occurs at 2–5 minutes after absent circulation. I suggest that both these claims are flawed. Brain arrest is said to threaten life, and lead to death by causing a secondary respiratory then cardiac arrest. It is further claimed that ventilation only interrupts this way that brain arrest leads to death. These statements imply that brain arrest is not death (...) itself. Brain death is a devastating state that leads to death when intensive care, which replaces some of the brain's vital functions such as breathing, is withdrawn and circulation stops resulting in irreversible loss of integration of the organism. Circulatory death is said to occur at 2–5 minutes after absent circulation because, in the context of DCD, the intent is to not attempt reversal of the absent circulation. No defense of this weak construal of irreversible loss of circulation is given. This means that paents in identical physiologic states are dead (in the DCD context) or alive (in the resuscitation context); the current state of death (at 2–5 minutes) is contingent on a future event (whether there will be resuscitation) suggesting backward causation; and the commonly used meaning of irreversible as 'not capable of being reversed' is abandoned. The literature supporting the claim that autoresuscitation does not occur in the context of no cardiopulmonary resuscitation is shown to be very limited. Several cases of autoresuscitation are summarized, suggesting that the claim that these cases are not applicable to the current debate may be premature. I suggest that brain dead and DCD donors are not dead; whether organs can be harvested before death from these patients whose prognosis is death should be debated urgently. (shrink)

What justifies our holding a person morally responsible for some past action? Why am I justified in having a special prudential concern for some future persons and not others? Why do many of us think that maximizing the good within a single life is perfectly acceptable, but maximizing the good across lives is wrong? In these and other normative questions, it looks like any answer we come up with will have to make an essential reference to personal identity. So, for (...) instance, it seems we are justified in holding X responsible for some past action only if X is identical to the person who performed that action. Further, it seems I am justified in my special concern for some future person only if he will be me. Finally, many of us think that while maximization within a life affects only one person, a metaphysical unity, maximization across lives affects many different, metaphysically distinct, persons, and so the latter is wrong insofar as it ignores this fundamental separateness of persons. (shrink)

Both the slasher movie and its more recent counterpart the "torture porn" film centralize graphic depictions of violence. This article inspects the nature of these portrayals by examining a motif commonly found in the cinema of homicide, dubbed here the "pure moment of murder": that is, the moment in which two characters’ bodies adjoin onscreen in an instance of graphic violence. By exploring a number of these incidents (and their various modes of representation) in American horror films ranging from Psycho (...) (1960) to Saw VI (2009), the article aims to expound how these images of slaughter demonstrate (albeit in an augmented, hyperbolic manner) a number of long-standing problems surrounding selfhood that continue to fuel philosophical discussion. The article argues that the visual adjoining of victim and killer onscreen echoes the conundrum that in order to attain identity, the individual requires and yet simultaneously repudiates the Other that constitutes unique subjectivity. (shrink)