Brain Organoids in their current state of development are patentable. Future brain organoids may face some challenges in this regard, which I address in this contribution. Brain organoids unproblematically fulfil the general prerequisites of patentability set forth in Art. 3 (1) EU-Directive 98/44/ec (invention, novelty, inventive step and susceptibility of industrial application). Patentability is excluded if an invention makes use of human embryos or constitutes a stage of the human body in the individual phases of its formation and development. Both (...) do not apply to brain organoids, unless ES-cells are used. Art. 6 (1) EU-Directive 98/44/ec excludes patentability for inventions “the commercial exploitation of which would be contrary to ordre public or morality”. While there is no conceivable scenario, in which the commercial application of current brain organoids violates the ordre public, the same is not necessarily true for future brain organoids. Keeping in mind that a development of consciousness-like abilities in future brain organoids cannot be excluded and that an ability for both physical and psychological suffering has been theorized, both of which are aspects of the ordre public, certain applications of future brain organoids may constitute a violation of the ordre public and therefore lead to an exclusion of patentability. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Agnieszka Jaworska and Julie Tannenbaum recently developed the ingenious and novel person‐rearing account of moral status, which preserves the commonsense judgment that humans have a higher moral status than nonhuman animals. It aims to vindicate speciesist judgments while avoiding the problems typically associated with speciesist views. We argue, however, that there is good reason to reject person‐rearing views. Person‐rearing views have to be coupled with an account of flourishing, which will (according to Jaworska and Tannenbaum) be either a species norm (...) or an intrinsic potential account of flourishing. As we show, however, person‐rearing accounts generate extremely implausible consequences when combined with the accounts of flourishing Jaworska and Tannenbaum need for the purposes of their view. (shrink)

A central question in contemporary ethics and political philosophy concerns which entities have moral status. In this article, I provide a detailed analysis of the view that moral status comes in degrees. I argue that degrees of moral status can be specified along two dimensions: (i) the weight of the reason to protect an entity’s morally significant rights and interests; and/or (ii) the rights and interests that are considered morally significant. And I explore some of the complexities that arise when (...) we link degrees of moral status to the weight of reasons to protect bundles and/or the content and size of these bundles, in particular regarding the attribution of moral status to nonparadigmatic entities (e.g. people with severe cognitive disabilities, children, embryos and foetuses, robots, non-human animals, ecosystems, and rivers). (shrink)

We commonly explain the distinctive prudential and moral status of persons in terms of our mental capacities. I draw from recent work to argue that the common explanation is incomplete. I then develop a new explanation: We are ethically important because we are the object of a pattern of self-concern. I argue that the view solves moral problems posed by permissive ontologies, such as the recent personite problem.

ABSTRACTThe jus ad bellum criterion of right intention is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just only if it (...) plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, wh... (shrink)

We propose that the prevalent moral aversion to AWS is supported by a pair of compelling objections. First, we argue that even a sophisticated robot is not the kind of thing that is capable of replicating human moral judgment. This conclusion follows if human moral judgment is not codifiable, i.e., it cannot be captured by a list of rules. Moral judgment requires either the ability to engage in wide reflective equilibrium, the ability to perceive certain facts as moral considerations, moral (...) imagination, or the ability to have moral experiences with a particular phenomenological character. Robots cannot in principle possess these abilities, so robots cannot in principle replicate human moral judgment. If robots cannot in principle replicate human moral judgment then it is morally problematic to deploy AWS with that aim in mind. Second, we then argue that even if it is possible for a sufficiently sophisticated robot to make ‘moral decisions’ that are extensionally indistinguishable from (or better than) human moral decisions, these ‘decisions’ could not be made for the right reasons. This means that the ‘moral decisions’ made by AWS are bound to be morally deficient in at least one respect even if they are extensionally indistinguishable from human ones. Our objections to AWS support the prevalent aversion to the employment of AWS in war. They also enjoy several significant advantages over the most common objections to AWS in the literature. (shrink)

Many approaches to dignity endorse the Human Scope Thesis (HST), according to which almost all humans and almost only humans have dignity. I argue that justifications for this thesis are doomed to fail. Proponents of the HST can be broadly divided into two camps, according to how they defend this thesis against the Scope Challenge. This challenge states that there is no non-arbitrary way of restricting the scope of dignity that includes almost all and almost only humans. Naturalistic Accounts attempt (...) to find a property which roughly matches the HST, while Conventionalist Accounts attempt to explain why endorsing the HST is necessary to achieve coherence with the human rights project. I argue that neither strategy overcomes the Scope Challenge. I then draw out the important implications of this. Even as dignity retains relevance to all humans, it must move beyond the mere human, so as to include nonhuman animals. (shrink)

The mainstream concept of death—the biological one—identifies death with the cessation of an organism. In this article, I challenge the mainstream position, showing that there is no single well-established concept of an organism and no universal concept of death in biological terms. Moreover, some of the biological views on death, if applied in the context of bedside decisions, might imply unacceptable consequences. I argue the moral concept of death—one similar to that of Robert Veatch—overcomes such difficulties. The moral view identifies (...) death with the irreversible cessation of a patient’s moral status, that is, a state when she can no longer be harmed or wronged. The death of a patient takes place when she is no longer capable of regaining her consciousness. In this regard, the proposal elaborated herein resembles that of Veatch yet differs from Veatch’s original project since it is universal. In essence, it is applicable in the case of other living beings such as animals and plants, provided that they have some moral status. (shrink)

In this article, I seek to address an aspect of the general inattention to miscarriage by examining a pressing topic: the moral meanings of pregnancy loss. I focus primarily on the import of such meanings for women in their ethical relationship with themselves, while also finding significant the meaning of miscarriage in community, that is, for our shared moral lives. Exploring miscarriage as a moral phenomenon is critical for figuring out miscarriage’s impact on our ethical self-conception—on how we understand ourselves (...) as moral agents—and in forming and deforming how we understand one another in the broader context of our moral communities—in intimate realms, in public realms, and in various realms in between. -/- I begin by articulating the need for a dedicated perinatal ethics, then developing an overview of this approach. It is against this backdrop that miscarriage’s complex moral meaning can best emerge. I then consider a few promising yet problematic concepts for comprehending the moral meanings of miscarriage, including moral agency, reactive attitudes (in this case, betrayal and guilt), moral responsibility, and moral standing. (shrink)

Is the mammalian embryo/fetus a part of the organism that gestates it? According to the containment view, the fetus is not a part of, but merely contained within or surrounded by, the gestating organism. According to the parthood view, the fetus is a part of the gestating organism. This paper proceeds in two stages. First, I argue that the containment view is the received view; that it is generally assumed without good reason; and that it needs substantial support if it (...) is to be taken seriously. Second, I argue that the parthood view derives considerable support from a range of biological and physiological considerations. I tentatively conclude in favour of the parthood view, and end by identifying some of the interesting questions it raises. (shrink)

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

Hardly anyone denies that (nearly) all human beings have equal moral status and therefore should be considered and treated as equals. Yet, if humans possess the property that confers moral status upon them to an unequal degree, how come they should be considered and treated as equals? It has been argued that this is because the variations in the degree to which the status‐conferring property is held above a relevant threshold are contingencies that do not generate differences in degrees of (...) moral status. Call this the contingency argument for the basis of moral equality. In this paper, I reject the contingency argument. Instead, I develop an attitude‐based account of the basis of moral equality: according to this account, the basis of moral equality lies in a fitting, basic, and independent moral attitude which is owed to human beings qua moral status‐holders, and provides a coherent and plausible explanation for why the variations above the threshold for moral status do not matter. (shrink)

Humanists argue for assigning the highest moral status to all humans over any non-humans directly or indirectly on the basis of uniquely superior human cognitive abilities. They may also claim that humanism is the strongest position from which to combat racism, sexism, and other forms of within-species discrimination. I argue that changing conceptual foundations in comparative research and discoveries of advanced cognition in many non-human species reveal humanism’s psychological speciesism and its similarity with common justifications of within-species discrimination.

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)

We can imagine agents who would have the moral status to demand contractualist justification but still lack an especially strong claim against interference. In contrast, agents who can conceive of their lives in a temporally unified way have a distinctive, strong interest in non‐interference. This contrast helps illuminate the moral importance of self‐authorship. The upshot is that ordinary persons have a more general and less variable right against interference than is often supposed. Self‐authorship can also help appreciate the sense in (...) which the value of persons may be characterized as ‘self‐existent’. (shrink)

This paper is about the moral status of those human beings with profound intellectual disabilities (PIDs). We hold the common sense view that they have equal status to ‘normal’ human beings, and a higher status than any non-human animal. We start with an admission, however: we don’t know how to give a fully satisfying theoretical account of the grounds of moral status that explains this view. And in fact, not only do we not know how to give such an account, (...) but the most satisfying account of moral status that we know (which we call ‘the standard account’) entails that our view is false. It entails that those with PIDs have a lower status than ordinary human beings and an equal status to non-human animals. Now, in this paper, we do absolutely nothing to try to show where the standard account goes wrong, and we do absolutely nothing to resolve the difficulties we see in developing an alternative account that supports our view. Indeed, we do not give any argument against the standard account or in favour of our own view. Instead, we raise the following question: in order to be justified in continuing to hold our view, are we obliged to give such an account? Our answer will be that we are not. (shrink)

The antiabortion movement is increasingly using ostensibly scientific measurements such as ‘fetal heartbeat’ and ‘fetal pain’ to provide ‘objective’ evidence of the moral status of fetuses. However, there is little knowledge on how clinicians conceptualise and operationalise the moral status of fetuses. We interviewed obstetrician/gynaecologists and neonatologists on this topic since their practice regularly includes clinical management of entities of the same gestational age. Contrary to our expectations, there was consensus among clinicians about conceptions of moral status regardless of specialty. (...) First, clinicians tended to take a gradualist approach to moral status during pregnancy as they developed and viewed viability, the ability to live outside of the uterus, as morally significant. Second, in contrast to ‘fetal pain’ laws and philosophical discussions about the ethical salience of sentience, the clinicians in our study did not consider the ability to feel pain as a morally relevant factor in moral status determinations. Third, during previability and perviability, clinicians viewed moral status as a personal value decision, which should be made by pregnant people and parents of neonates. (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)

Relational egalitarianism says that moral equals should relate as equals. We explore how moral unequals should relate.

I show that an overlooked feature of our moral life—moral status—provides a route to vindicating naturalist moral realism in much the same way that the Humean theory of motivation and judgment internalism are used to undermine it. Moral status presents two explanatory burdens for metaethical views. First, a given view must provide an ecumenical explanation of moral status, which does not depend on the truth of its metaethical claims (say, that there are mind-independent facts about moral status). Second, its explanation (...) must be consistent with persistent normative ethical disagreement about what constitutes moral status. I conclude that naturalist moral realism succeeds, while quasi-realism fails because it cannot meet the latter requirement. This argument has three results: we have a new route for metaethical vindication more generally and for naturalist moral realism in particular; quasi-realism's plausibility is undermined by an inability to explain disagreement, but not for the familiar reasons. (shrink)

We commonly explain the distinctive prudential and moral status of persons in terms of our mental capacities. I draw from recent work to argue that the common explanation is incomplete. I then develop a new explanation: We are ethically important because we are the object of a pattern of self-concern. I argue that the view solves moral problems posed by permissive ontologies, such as the recent personite problem.

This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.

When an abortion is performed, someone dies. Are we killing an innocent human person? Widespread disagreement exists. However, it’s not necessary to establish personhood in order to establish the wrongness of abortion: a substantial chance of personhood is enough. We defend The Don’t Risk Homicide Argument: abortions are wrong after 10 weeks gestation because they substantially and unjustifiably risk homicide, the unjust killing of an innocent person. Why 10 weeks? Because the cumulative evidence establishes a substantial chance (a more than (...) 1 in 5 chance) that preborn humans are persons around this stage of development. We submit evidence from our bad track record, widespread disagreement about personhood (after 10 weeks gestation), problems with theories of personhood, the similarity between preborn humans and newborn babies, gestational age miscalculations, and the common intuitive responses of women to their pregnancies and miscarriages. Our argument is cogent because it bypasses the stalemate over preborn personhood and rests on common ground rather than contentious metaphysics. It also strongly suggests that society must do more to protect preborn humans. We discuss its practical implications for fetal pain relief, social policy, and abortion law. (shrink)

If Klein & Barron are right, then insects may well be able to feel pain. If they can, then the standard approach to animal ethics generates some implausible results. Philosophers need to develop alternatives to this framework to avoid them.

Based on the claim that animals have rights, Tom Regan ultimately endorses some radical conclusions: we ought to be vegans; it’s wrong to wear leather; we shouldn’t care about conserving species, but about respecting the rights of individual animals; etc. For many, these conclusions are unbelievable, and incredulous stares abound. Incredulous stares are not arguments, but they do force us to consider whether it might be reasonable for some people to reject Regan’s conclusions based on their considered beliefs. My aim (...) here is to argue that it is. The argument is based on an analogy between Regan's defense of animal rights and David Lewis's defense of modal realism. In short, if it's reasonable to reject modal realism based on its incredible implications, then it’s probably reasonable to reject the thesis that animals have rights, and to instead accept a moral theory that, while much less elegant, doesn’t require abandoning any of our Moorean beliefs. (shrink)

Autonomous Weapons Systems (AWS) have not gained a good reputation in the past. This attitude is odd if we look at the discussion of other-usually highly anticipated-AI-technologies, like autonomous vehicles (AVs); whereby even though these machines evoke very similar ethical issues, philosophers' attitudes towards them are constructive. In this article, I try to prove that there is an unjust bias against AWS because almost every argument against them is effective against AVs too. I start with the definition of "AWS." Then, (...) I arrange my arguments by the Just War Theory (JWT), covering jus ad bellum, jus in bello and jus post bellum problems. Meanwhile, I draw attention to similar problems against other AI-technologies outside the JWT framework. Finally, I address an exception, as addressed by Duncan Purves, Ryan Jenkins and Bradley Strawser, who realized the unjustified double standard, and deliberately tried to construct a special argument which rules out only AWS. (shrink)

Big Data has the potential to enable unprecedentedly rigorous quantitative modeling of complex human social relationships and social structures. When such models are extended to nonhuman domains, they can undermine anthropocentric assumptions about the extent to which these relationships and structures are specifically human. Discoveries of relevant commonalities with nonhumans may not make us less human, but they promise to challenge fundamental views of what it is to be human.

In this paper, we analyse the Wittgensteinian critique of the orthodoxy in animal ethics that has been championed by Cora Diamond and Alice Crary. While Crary frames it as a critique of “moral individualism”, we show that their criticism applies most prominently to certain forms of moral individualism (namely, those that follow hedonistic or preference-satisfaction axiologies), and not to moral individualism in itself. Indeed, there is a concrete sense in which the moral individualistic stance cannot be escaped, and we believe (...) that it is this particular limitation that justified Crary’s later move to a qualified version of moral individualism. At the same time, we also argue that there are significant merits to the Wittgensteinian critique of moral individualism, which pertain to its attack on the rationalism, naturalism, and reductionism that characterise orthodox approaches to animal ethics. We show that there is much of value in the Wittgensteinians’ call for an ethics that is more human; an ethics that fully embraces the capacities we are endowed with and one that pays heed to the richness and complexity of our moral lives. (shrink)