Recent progress in neurosciences has improved our understanding of chronic disorders of consciousness. One example of this advancement is the emergence of the new diagnostic category of minimally conscious state (MCS). The central characteristic of MCS is impaired consciousness. Though the phenomenon now referred to as MCS pre-existed its inclusion in diagnostic classifications, the current medical ethical concepts mainly apply to patients with normal consciousness and to non-conscious patients. Accordingly, how we morally should stand with persons in minimally conscious state (...) remains unclear. In this paper, I examine whether the notion of human dignity could provide us with guidance with the moral difficulties MCS gives rise to. More precisely, I focus on the question of whether we are justified in holding that persons in minimally conscious state possess human dignity. (shrink)

The right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment is invariably associated with ‘human dignity’. The idea of dignity plays some role in this right’s interpretation, although the content of the idea in this context, as in others, is unclear. Making sense of the dignity idea involves a number of challenges. These challenges give rise to the methodological-type question at the heart of this article: how should human rights lawyers go about articulating the content (...) of ‘dignity’? The article proposes, and models, a methodological approach in response. Its core argument is that human rights law needs the vocabulary provided by theorizations of dignity but that these theorizations should be anchored in authoritative human rights jurisprudence. It argues that this approach can help make sense of the dignity idea in a way that facilitates a richer understanding of its influence on interpretation. (shrink)

Mitochondrial replacement techniques are designed to allow couples to have children without passing on mitochondrial diseases. Recently, Giulia Cavaliere and César Palacios-González argued that prospective parents have the right to use MRTs to pursue genetic relatedness, such that some same-sex couples and/or polygamous triads could use the process to impart genetic relatedness between a child and more of its caregivers. Although MRTs carry medical risks, Cavaliere and Palacios-González contend that because MRTs are identity-affecting, they do not cause harm to an (...) existing human being, and our intuitions otherwise arise from the non-identity problem. Here, I review several attempts to address the non-identity problem, and propose a solution to the problem. Furthermore, I argue that regardless of one’s stance on whether MRTs are identity-affecting, the use of MRTs to pursue genetic relatedness alone falls outside the scope of the medical profession, as they involve substantive medical risk for no medical benefit. (shrink)

Many people believe human fetuses have the same moral status as adult human persons, that it is wrong to allow harm to befall things with this moral status, and thus voluntary, induced abortion is seriously morally wrong. Recently, many prochoice theorists have argued that this antiabortion stance is inconsistent; approximately 60% of human fetuses die from spontaneous abortion, far more than die from induced abortion, so if antiabortion theorists really believe that human fetuses have significant moral status, they have strong (...) moral obligations to oppose spontaneous abortion. Yet, few antiabortion theorists devote any effort to doing so. Many prochoice theorists argue that to resolve this inconsistency, antiabortion theorists should abandon their opposition to induced abortion. Here, I argue that those who do not abandon their opposition to induced abortion but continue to neglect spontaneous abortion act immorally. Aristotle argues that moral responsibility requires both control and awareness; I argue that once an antiabortion theorist becomes aware of the frequency of spontaneous abortion, they have a strong moral obligation to redirect their efforts towards combating spontaneous abortion; failure to do so is morally monstrous. (shrink)

This is the second paper in a three-part series on the state of the enhancement debate. We report current trends and give an overview of established positions in the field of neuroenhancement. Unlike a number of articles on the bioethics of enhancement, we try to highlight connections between the contemporary debate and established positions in philosophical ethics. This specific perspective inspired the breakdown of our three-part series into consequentialist, deontological and virtue-ethical arguments.

Bioethics is an interdisciplinary science that deals with the moral aspects of medicine, biotechnology and the value of life in general. Quality of life concept is the basis for one of the models of bioethics. Its supporters understand the value of human life by relying on the categories of its qualitative characteristics. They argue that the value of life is relative and depends on certain criteria, and prove the permissibility to terminate it in some cases. Quality of life conception is (...) criticized, above all, by those scholars who rely on religious ideas of the equal value and inviolability of all people’s lives. This article reveals several examples of such criticism in the works of Polish and American authors: T. Biesaga, H. Ciach, G. Hołub, P. Kieniewicz, R. P. George and P. Lee. Citing the arguments of that Christian thinkers, the author forms her own attitude to the problem. The ethical and ontological sources of quality of life concept, namely utilitarianism and naturalism, become the main object of criticism. It is significant that in the utilitarian appeal to maximize happiness as pleasure and calculate the gain or loss they see an attempt to establish the primacy of the overall well-being over an individual’s life as well as a reason for killing those individuals whose lives do not meet quality criteria and impair overall well-being. They also criticize such a consequence of the naturalistic view as reduction of the personality to its manifestations. The absence of such manifestations becomes for the supporters of the quality of life concept the basis for conclusion about a low quality of life of some individuals. One more critical remark towards the quality of life concept concern erasing of differences between humans and animals and their interests. The technocratic attitude that permits any manipulations of a human life if only they can be performed is criticized too. The author demonstrates that the fundamental fault of the quality of life concept which is criticized by all its opponents is a limited understanding of human nature and human life. (shrink)

This essay serves as an introduction to this issue of the Journal of Medicine and Philosophy. The five articles in this issue address a range of topics from the human embryo and substantial change to conceptions of disability. They engage claims of moral status, defense of our humanity, and argue for an accurate and just classification of persons of different communities within a healthcare system. I argue in this essay that though their concerns are diverse, the authors in this issue (...) help to answer a common question: “Who counts as one of us?” Reading these articles through the lens of membership and the themes of dignity illustrates this commonality and bears fruit for further reflection on many of the challenging issues addressed in the subsequent papers. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting would be (...) to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

This article repudiates the dichotomy that African ethics is communitarian (relational) and Western ethics is individualistic. ‘Communitarianism’ is the view that morality is ultimately grounded on some relational properties like love or friendship; and, ‘individualism’ is the view that morality is ultimately a function of some individual property like a soul or welfare. Generally, this article departs from the intuition that all morality including African ethics, philosophically interpreted, is best understood in terms of individualism. But, in this article, I limit (...) myself to the literature in the African moral tradition; and, I argue that it is best construed in terms of individualism contrary to the popular stance of communitarianism. I defend my view by invoking two sorts of evidences. (1) I invoke prima facie evidence, which shows that both secular and religious moral thinkers in the tradition tend to understand it in individualistic terms. And, (2) I invoke concrete evidence, I show that the two terms that can be said to be definitive features of African ethical framework, namely: personhood and dignity, are individualistic. I conclude by considering possible objections against my defense of individualism as a central feature of African ethics. (shrink)

According to the theory of intrinsic value and moral standing called the ‘substance view,’ what makes it prima facie seriously wrong to kill adult human beings, human infants, and even human fetuses is the possession of the essential property of the basic capacity for rational moral agency – a capacity for rational moral agency in root form and thereby not remotely exercisable. In this critique, I cover three distinct reductio charges directed at the substance view's conclusion that human fetuses have (...) the same intrinsic value and moral standing as adult human beings. After giving consideration to defenders of the substance view's replies to these charges, I then critique each of them, ultimately concluding that none is successful. Of course, in order to understand all of these things – the reductio charges, defenders of the substance view's replies to them, and my criticisms of their replies – one must have a better understanding of the substance view as well as its defense. Accordingly, I address the substance view's understanding of rational moral agency as well as present its defense. (shrink)

Hendricks’ The Impairment Argument (TIA) claims that it is immoral to impair a fetus by causing it to have fetal alcohol syndrome (FAS). Since aborting a fetus impairs it to a greater degree than causing it to have FAS, then abortion is also immoral. In this article, I argue that TIA ought to be rejected. This is because TIA can only succeed if it explains why causing an organism to have FAS impairs it to a morally objectionable degree, entails that (...) abortion impairs an organism to a morally objectionable and greater degree than causing FAS, and satisfies The Impairment Principle’s ceteris paribus clause. In order to do all three things, TIA must presuppose some theory of well-being. Even then, no theory of well-being accomplishes all three tasks that TIA must in order to succeed. However, even if this is false and TIA can meet all three objectives by presupposing some theory of well-being, it would not do very much to advance the debate about the morality of abortion. As I argue, TIA would essentially restate well-established arguments against abortion based on whatever theory of well-being it must presuppose in order to be successful. (shrink)

In her important and well-known discussion “On the Moral and Legal Status of Abortion,” Mary Anne Warren regrets that “it is not possible to produce a satisfactory defense of a woman’s right to obtain an abortion without showing that the fetus is not a human being, in the morally relevant sense.” Unlike some more cautious philosophers, Warren thinks that we can definitively demonstrate that the fetus is not a person. In this paper, Warren’s argument is critically examined with a focus (...) especially on the question of the foundation and the boundaries of the moral community. The fundamental thesis of the paper is that Warren’s approach is flawed for at least four reasons: (1) that being a person is not as obviously central to having full moral rights as Warren assumes, (2) that her exclusivism regarding moral status has dubious moral consequences independent of the abortion issue, (3) that it is not clear that a fetus is not a person, even on Warren’s own criteria, and (4) her criteria for personhood are themselves suspect. (shrink)

As they age, many people are afraid that they might become a burden to their families and friends. In fact, fear of being a burden is one of the most frequently cited reasons for individuals who request physician aid in dying. Why is this fear so prevalent, and what are the issues underlying this concern? I argue that perceptions of individual autonomy, dependency, and dignity all contribute to the fear of becoming a burden. However, this fear is misplaced; common conceptions (...) of these values should be re-framed and re-examined. Practices that support a more community-centered type of autonomy can be found in dependency and dignity. This paper offers some practical examples of how to address common end-of-life situations that may cause anxiety to patients who are worried about being a burden. These practices include discussing expectations, both for care and how the relationship among the participants might change, and modeling respectful caregiving behaviors. Most difficult of all, though, includes cultural and societal attitude changes so that people recognize the good in receiving care and get used to the idea that they do not need to do anything to be valuable. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

In the Groundwork, Kant seems to make two paradoxical claims about the source of human dignity. First, he claims that if “rational nature exists as an end in itself” (Kant, 1998, p. 36), it is because “humanity is… dignity, insofar it is capable of morality” (Kant, 1998, p. 42). Second, he claims that although “autonomy is the ground of the dignity of human nature and of every rational nature” (Kant, 1998, p. 43), the human being can only have “dignity… insofar (...) he fulfils all his duties” (Kant, 1998, p. 46). This paper argues that neither claim is repugnant because Kant seeks to advance two kinds of dignity. Kant intends to elucidate that the human being possesses a basic ‘entitled dignity’ in virtue of his capacity for morality, but that he needs to become a moral being in order for him to realise his ‘true dignity’. This paper claims that the formal condition under which a person can be worthy of respect is identical with the condition of realising his ‘true dignity’. (shrink)

Many debates in arenas such as bioethics turn on questions regarding the moral status of human beings at various stages of biological development or decline. It is often argued that a human being possesses a fundamental and inviolable moral status insofar as she is a “person”; yet, it is contested whether all or only human beings count as persons. Perhaps there are non-human person, and perhaps not every human being satisfies the definitional criteria for being a person. A further question, (...) which will be the primary focus of this paper, concerns what essential features of personhood endow persons, human or otherwise, with their moral status and the inherent rights they concomitantly possess. A survey of the history of philosophical theorizing on what it means to be a person yields a broad consensus upon the key capacities being rational thought, self-consciousness, and autonomous volition. It is not sufficient, however, simply to cite these capacities, but to explain why these particular capacities bear moral import. A more recent concern has developed regarding the possible future existence of so-called “post-persons” who, due to their enhanced cognitive and emotive capacities, may be morally superior to mere persons and thereby possess a higher moral status. This paper will conclude with an analysis of the extent to which this concern is warranted. (shrink)

This is a big-picture discussion of an important implication of Darwinism for ethics. I argue that there is a misfit between our scientific view of the natural world and the view, still dominant in academic philosophy and wider society alike, that there is a discrete hierarchy of moral status among conscious beings. I will suggest that the clear line of traditional morality – between human beings and other animals – is a remnant of an obsolete moral outlook, not least because (...) it has no counterpart in empirical reality, and I will invite the reader to think, with me, about tenable alternatives. (shrink)

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

The philosophy of “ human dignity” remains a young, piecemeal endeavor with only a small, dedicated literature. And what dedicated literature exists makes for a rather slapdash mix of substantive and formal metatheory. Worse, ironically we seem compelled to treat this existing theory both charitably and casually. For how can we definitively assess any of it? Existing suggestions about the general features of dignity are necessarily contentious in virtue of being more or less blissfully uncritical of themselves. Because none of (...) the suggested features are conscientiously situated in their own right, their justification is taken to rest solely on whether each is borne out by some substantive account. But absent the sort of second-order considerations that would make for a proper metatheory, what can we do with their substantive suggestions? Of course, the concept of dignity has other forums. It figures prominently into insular analyses of either Kantian or Biblical ethics, and, to various degrees, an array of subsidiary fields of practical philosophy including human rights, bioethics, law, theories of respect, race theory, Judaic studies, feminism, care ethics, war, technology, and political philosophy. Each of these areas has an established literature. Each contributes interesting observations to the nature of dignity. But, again, ultimately, without a proper metatheory, it is unclear what to do with any of them. My goal is to remedy this, or at least reverse the trend. In doing so I will have in view one particular subfield, namely, the ever-pressing subject of human rights. (shrink)

In this paper, we identify the way in which various forms of legal personhood can be differentiated from one another by comparing these entities with a—not too farfetched—hypothetical situation in which intelligence spontaneously evolves within the internet: spontaneous intelligence. In these terms, we consider the challenges that may arise where SI as an entity: has no owner, no designer, and no controller; has evolved into existence as a non-human created intelligence; is autonomous; has no physical form; and, although it exists (...) around the world, exists in no particular jurisdiction. Based on this refined notion of SI, we consider issues related to the recognition of such an entity’s legal personhood. By briefly exploring the attribution of legal personality to various entities—including, humans, corporations, artificial intelligence and higher forms of animal life—we differentiate SI from these other forms of intelligence whilst illustrating it shares most characteristics with human intelligence and not, as may intuitively be thought, with various forms of AI. After critically evaluating the classification of these various forms of intelligence, we briefly suggest some ramifications of these differences and suggest that the approach adopted may assist in drawing more effective boundaries between the entities that are already recognised as legal persons, as well as between sub-categories of entities, such as various forms of AI. (shrink)

This article presents an argument for veganism, using a formal-axiomatic approach: a list of twenty axioms are explicitly stated. These axioms are all necessary conditions to derive the conclusion that veganism is a moral duty. The presented argument is a minimalist or core argument for veganism, because it is as parsimonious as possible, using the weakest conditions, the narrowest definitions, the most reliable empirical facts and the minimal assumptions necessary to reach the conclusion. If someone does not accept the conclusion, (...) logical consistency requires that s/he should be able to point at axiom on which s/he disagrees. The argument exposes hidden assumptions and provides a framework for an overview of the philosophical literature on animal rights and vegetarianism / veganism. (shrink)

Just as one line appears to be longer than another in an optical illusion, we can have a spontaneous moral judgment that one individual is more important than another. Sometimes such judgments can lead to moral illusions like speciesism and other kinds of discrimination. Moral illusions are persistent spontaneous judgments that violate our deepest moral values and distract us away from a rational, authentic ethic. They generate pseudo-ethics, similar to pseudoscience. The antidote against moral illusions is the ethical principle to (...) avoid unwanted arbitrariness. Speciesism involves unwanted arbitrariness, and psychological research as well as the problem of wild animal suffering demonstrate that moral illusions such as speciesism can be very persistent. (shrink)

In the last decade, the study of moral heuristics has gained in importance. I argue that we can consider speciesism as a moral heuristic: an intuitive rule of thumb that substitutes a target attribute (that is difficult to detect, e.g. “having rationality”) for a heuristic attribute (that is easier to detect, e.g. “looking like a human being”). This speciesism heuristic misfires when applied to some atypical humans such as the mentally disabled, giving them rights although they lack rationality. But I (...) argue that it is not necessarily irrational or inconsistent to hold on to this heuristic rule, because we have to take time and knowledge constraints, uncertainty aversion and emotional costs into account. However, this “heuristic defense” of speciesism uses a target attribute (rationality) that has implications of disrespect towards some atypical humans. Therefore, based on notions of impartiality and compassion, I argue for a morally better target attribute: sentience (“having a sense of well-being”). “Being a vertebrate” is suitable as a corresponding heuristic attribute because it is easy to detect and has a strong correlation with the target attribute of sentience. (shrink)

In his article ‘In Defense of Eating Meat’, Timothy Hsiao argued that sentience is not sufficient for moral status, that the pain experienced by an animal is bad but not morally bad, that the nutritional interests of humans trump the interests of animals and that eating meat is permissible. In this article I explore the strengths and weaknesses of Hsiao’s argument, clarify some issues and argue that eating meat is likely in conflict with some of our strongest moral intuitions.

This essay questions what is argued by many scholars today, namely that the moral concept of human dignity provides the basis for the establishment of human rights. More specifically, I critically discuss the two most prominent conceptions of human dignity, the ‘status’ and the ‘value’ conceptions of dignity, which are suggested today as the foundations of human rights. Ultimately, I propose a different, ‘duty-based’ philosophical account for the justification of the latter.