Abstract

In “Justice at the Margins: The Social Contract and the Challenge of Marginal Cases” (Southern Journal of Philosophy, 55.1), Nathan Bauer and David Svolba appeal to a concept of recognition found in social contract theory to argue that all humans, including humans who lack certain unique cognitive abilities, so‐called marginal cases, have rights that nonhuman animals lack. The main reason is that we can recognize ourselves in all humans, but not in nonhuman animals. I argue (i) that it is unclear that we can recognize ourselves in certain types of marginal cases, such as corpses and embryos; (ii) that Bauer and Svolba’s reason for why we cannot recognize ourselves in nonhuman animals is questionable; and (iii) if we can recognize ourselves in any types of marginal cases, then we should be able to recognize ourselves in nonhuman animals.