This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Fifteen years ago, Peter Singer published Animal Liberation: A New Ethics for Our Treatment of Animals. In it, he proposed to end “the tyranny of humans over nonhuman animals” by “thinking through, carefully, and consistently, the question of how we ought to treat animals” (p. ix). On this anniversary of the book's publication, a critical analysis shows that the logic he presents, though popularly appealing, is philosophically flawed. Though influential in slowing and in some cases stopping biomedical research involving animals, (...) the animal rights movement in the United States has yet to offer a clear and compelling argument for the equlity of species. (shrink)

Children have special duties to their parents: there are things that we ought to do for our parents, but not for just anyone. Three competing accounts of filial duty appear in the literature: the debt theory, the gratitude theory and the friendship theory. Each is unsatisfactory: each tries to assimilate the moral relationship between parent and child to some independently understood conception of duty, but this relationship is different in structure and content from any that we are likely to share (...) with anyone apart from a parent. A more promising account will concentrate on what is unique about the parent-child relationship. I articulate and defend the 'special goods theory', according to which filial duties arise from the distinctive kinds of goods that healthy parent-child relationships typically involve. (shrink)

Kathryn Paxton George has recently argued that vegetarianism cannot be a moral obligation for most human beings, even if Tom Regan is correct in arguing that humans and certain nonhuman animals are equally inherently valuable. She holds that Regan's liberty principle permits humans to kill and eat innocent others who have a right to life, provided that doing so prevents humans from being made worse off. George maintains that obstaining from meat and dairy products would in fact make most humans (...) worse off. I argue that Regan's liberty principle either contradicts his equal rights view or does not permit the slaughter of another for food. I show that a different view recognizing the moral rights of nonhumans but according them less value than normal adult humans, the unequal rights view, would permit such action if human survival or health depended upon it. However, it would also permit the slaughter of innocent humans in the same circumstances. Finally, I argue that current nutritional research does not support George's contention that most humans would suffer if they ceased eating other animals and their products. (shrink)

When we compare contemporary moral philosophy with the well-known moral systems of earlier centuries, we should be struck by the fact that a certain assumption about human well being that is now widely taken for granted was universally rejected in the past. The contemporary moral climate predisposes us to be pluralistic about the human good, whereas earlier systems of ethics embraced a conception of well being that we would now call narrow and restrictive. One way to convey the sort of (...) contrast I have in mind is to note that according to Plato and Aristotle, there is one kind of life, that of the philosopher, that represents the summit of human flourishing, and all other lives are worth leading to the extent that they approximate this ideal. Certain other ethical theories of the past were in a way more narrow than this, for whereas Plato and Aristotle maintained that many things are in themselves worthwhile, others argued that there is only one intrinsic good—pleasure according to the Epicureans, virtue according to the Stoics. By contrast, it is now widely assumed that all such approaches are too exclusive, that not only are there many types of intrinsic goods but there is no one specific kind of life—whether it is that of a philosopher or a poet or anyone else—that is the single human ideal. Even hedonism, a conception of the good that had a powerful influence in the modern period, has few contemporary proponents. A consensus has arisen in our time that there is no single ultimate good that provides the measure by which the worth of all other goods must be assessed. (shrink)

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)

Legal systems divide the world into persons and property, treating animals as property. Some animal rights advocates have proposed treating animals as persons. Another option is to introduce a third normative category. This raises questions about how normative categories are established. In this article I argue that Kant established normative categories by determining what the presuppositions of rational practice are. According to Kant, rational choice presupposes that rational beings are ends in themselves and the rational use of the earth’s resources (...) presupposes that human beings have rights. I argue that rational choice also presupposes that any being for whom things can be good or bad must be regarded as an end in itself, and that the use of the world’s resources presupposes that any being who depends on those resources has rights. Although the other animals do not engage in rational practice, our own rational practice requires us to give them standing. (shrink)

A contribution to a panel on ethics and animals forthcoming in The Harvard Review of Philosophy.

Most legal systems divide the world into persons and property, treating human beings as persons, and pretty much everything else, including non-human animals, as property. Persons are the subjects of both rights and obligations, including the right to own property, while objects of property, being by their very nature for the use of persons, have no rights at all. I will call this the “legal bifurcation.” We might look to Immanuel Kant’s moral and political philosophy to provide a philosophical vindication (...) of the legal bifurcation, for reasons I will lay out in a moment. But in one way, that would be backwards, because Kant, in constructing the metaphysical categories that he used to talk about rights, was following the tradition of Roman law. (shrink)

This is the first English translation of all of Kant's writings on moral and political philosophy collected in a single volume. No other collection competes with the comprehensiveness of this one. As well as Kant's most famous moral and political writings, the Groundwork to the Metaphysics of Morals, the Critique of Practical Reason, the Metaphysics of Morals, and Toward Perpetual Peace, the volume includes shorter essays and reviews, some of which have never been translated before. The volume has been furnished (...) with a substantial editorial apparatus including translator's introductions and explanatory notes to each text by Mary Gregor, and a general introduction to Kant's moral and political philosophy by Allen Wood. There is also an English-German and German-English glossary of key terms. (shrink)

The determination of individual moral status is a central factor in the ethical evaluation of controversial practices such as elective abortion, human embryo-destructive research, and the care of the severely disabled and those in persistent vegetative states. A review of recent work on Kant reveals the need for a careful examination of the content of Kant ’s biological and psychological theories and their relation to his views about moral status. Such an examination, in conjunction with Kant ’s practical-metaphysical analysis of (...) the origins of freedom, reveals Kant ’s principled basis for his contention that all human beings possess moral status. (shrink)

In 1906, Henry Stephens Salt published a short collection of essays that presented several rhetorically powerful, if formally deficient arguments for the vegetarian position. By interpreting Salt as a moral sentimentalist with ties to Aristotelian virtue ethics, I propose that his aesthetic argument deserves contemporary consideration. First, I connect ethics and aesthetics with the Greek concepts of kalon and kalokagathia that depend equally on beauty and morality before presenting Salt’s assertion: slaughterhouses are disgusting, therefore they should not be promoted. I (...) suggest three areas of development since Salt’s death that could be fruitfully plumbed to rebuild this assertion into a contemporary argument: an updated analysis of factory farm conditions, insights from moral psychologists on the adaptive socio-biological benefits of disgust as a source of cognitive information, and hermeneutical considerations about the role of the audience that allow blameworthiness for slaughterhouse atrocities to be laid upon the meat-eater. (shrink)

I argue that animals have rights in the sense of having valid claims, which might turn out to be actual rights as society advances and new scientific-technological developments facilitate finding alternative ways of satisfying our vital interests without using animals. Animals have a right to life, to liberty in the sense of freedom of movement and communication, to subsistence, to relief from suffering, and to security against attacks on their physical existence. Animals’ interest in living, freedom, subsistence, and security are (...) of vital importance to them, and they do not belong to us; they are not the things we have already possessed by virtue of our own nature. (shrink)

This paper situates abortion in the context of women’s duties to themselves. I argue that Kant’s fundamental moral requirement to respect oneself as a rational being, combined with Kant’s view of our animal nature, form the basis for a view of pregnancy and abortion that focuses on women’s agency and moral character without diminishing the importance of their bodies and emotions. The Kantian view of abortion that emerges takes abortion to be morally problematic, but sometimes permissible, and sometimes even required. (...) I first sketch Kant’s account to duties to oneself, highlighting duties to oneself as an animal and moral being. Next, I discuss pregnancy and the challenges it poses to women’s self-preservation, development, and efficacy as rational human agents. I then give my main argument: that abortion is morally problematic because it is antagonistic to an important subset of morally useful emotions that we have self-regarding duties to protect and cultivate. I argue that self-regarding moral considerations ground a rebuttable deliberative presumption against maxims of abortion for inclination-based ends. Finally, I consider three objections to this account of abortion : that it rests on implausible assumptions about the effects of abortion on women’s morally useful sentiments; that it portrays the virtuous agent’s reasoning about abortion as objectionably self-regarding; and that it fails adequately to recognize the moral significance of the fetus as a potential rational being. (shrink)

This paper situates abortion in the context of women’s duties to themselves. I argue that the fundamental Kantian requirement to respect oneself as a rational being, combined with Kant’s view of our animal nature, form the basis for a view of pregnancy and abortion that focuses on women’s agency and characters without diminishing the importance of their bodies and emotions. The Kantian view of abortion that emerges takes abortion to be morally problematic, but sometimes permissible, and sometimes even required. After (...) sketching Kant’s account of duties to oneself, I discuss the challenges pregnancy poses to women’s agency. I then argue that abortion is morally problematic because it is antagonistic to an important subset of morally useful emotions that we have self‐regarding duties to protect and cultivate; thus, there is a rebuttable deliberative presumption against maxims of abortion for inclination‐based ends. I close by considering objections. (shrink)

Some people contend that fetuses have moral status but less than that of paradigm persons. Many people hold views implying that sentient animals have moral status but less than that of persons. These positions suggest that moral status admits of degrees. Does it? To address this question, we must first clarify what it means to speak of degrees of moral status. The paper begins by clarifying the more basic concept of moral status and presenting two models of degrees of moral (...) status. It then sketches several significant considerations in favor of, and several against, the assertion of degrees of moral status. The paper concludes by drawing lessons from the discussion. (shrink)

Some people contend that fetuses have moral status but less than that of paradigm persons. Many people hold views implying that sentient animals have moral status but less than that of persons. These positions suggest that moral status admits of degrees. Does it? To address this question, we must first clarify what it means to speak of degrees of moral status. The paper begins by clarifying the more basic concept of moral status and presenting two models of degrees of moral (...) status. It then sketches several significant considerations in favor of, and several against, the assertion of degrees of moral status. The paper concludes by drawing lessons from the discussion. (shrink)

Advance directives permit competent adult patients to provide guidance regarding their care in the event that they lose the capacity to make medical decisions. One concern about the use of advance directives is the possibility that, in certain cases in which a patient undergoes massive psychological change, the individual who exists after such change is literally a (numerically) distinct individual from the person who completed the directive. If this is true, there is good reason to question the authority of the (...) directive Ð which is supposed to apply to the individual who completed it, not to someone else. This is `the someone else problem'. After briefly introducing advance directives as a basis for medical decision-making, this paper elaborates `the someone else problem' in the context of severe dementia. The paper then reconstructs the reasoning that leads to this putative problem and exposes the important underlying assumption that we are essentially persons. An alternative view of what we are, one that regards personhood as inessential, is then considered, before several arguments are advanced in favor of that alternative view. The paper next explores implications for advance directives: `The someone else problem' is effectively dissolved, while it is noted that a related problem (one beyond the paper's scope) may persist. A few implications beyond advance directives are also identified. (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)

Christine Korsgaard has become one of the leading interpreters of Kant's moral philosophy. She is identified with a small group of philosophers who are intent on producing a version of Kant's moral philosophy that is at once sensitive to its historical roots while revealing its particular relevance to contemporary problems. She rejects the traditional picture of Kant's ethics as a cold vision of the moral life which emphasises duty at the expense of love and value. Rather, Kant's work is seen (...) as providing a resource for addressing not only the metaphysics of morals, but also for tackling practical questions about personal relations, politics, and everyday human interaction. This collection contains some of the finest current work on Kant's ethics and will command the attention of all those involved in teaching and studying moral theory. (shrink)

When philosophers address personal identity, they usually explore numerical identity: what are the criteria for a person's continuing existence? When non-philosophers address personal identity, they often have in mind narrative identity: Which characteristics of a particular person are salient to her self-conception? This book develops accounts of both senses of identity, arguing that both are normatively important, and is unique in its exploration of a range of issues in bioethics through the lens of identity. Defending a biological view of our (...) numerical identity and a framework for understanding narrative identity, DeGrazia investigates various issues for which considerations of identity prove critical: the definition of death; the authority of advance directives in cases of severe dementia; the use of enhancement technologies; prenatal genetic interventions; and certain types of reproductive choices. He demonstrates the power of personal identity theory to illuminate issues in bioethics as they bring philosophical theory to life. (shrink)

This is a major new study of Kant's ethics that will transform the way students and scholars approach the subject in future. Allen Wood argues that Kant's ethical vision is grounded in the idea of the dignity of the rational nature of every human being. Undergoing both natural competitiveness and social antagonism the human species, according to Kant, develops the rational capacity to struggle against its impulses towards a human community in which the ends of all are to harmonize and (...) coincide. The distinctive features of the book are twofold. First, it focuses for the first time on the central role played in Kant's ethical theory by the value of rational nature as an end itself. Second, it shows the importance of Kant's systematic theory of human nature and history, and its implications for the structure, formulation, and application of Kant's moral principles. This comprehensive study will be of critical importance to students of moral philosophy, the history of ideas, political theory, and religious studies. (shrink)

Transcending the overplayed debate between utilitarians and rights theorists, the book offers a fresh methodological approach with specific constructive conclusions about our treatment of animals. David DeGrazia provides the most thorough discussion yet of whether equal consideration should be extended to animals' interests, and examines the issues of animal minds and animal well-being with an unparalleled combination of philosophical rigor and empirical documentation. This book is an important contribution to the field of animal ethics.

This book is the most comprehensive treatment available of one of the most urgent - and yet in some respects most neglected - problems in bioethics: decision-making for incompetents. Part I develops a general theory for making treatment and care decisions for patients who are not competent to decide for themselves. It provides an in-depth analysis of competence, articulates and defends a coherent set of principles to specify suitable surrogate decisionmakers and to guide their choices, examines the value of advance (...) directives, and investigates the role that considerations of cost ought to play in decisions concerning incompetents. Part II applies this theoretical framework to the distinctive problems of three important classes of individuals, many of whom are incompetent: minors, the elderly and psychiatric patients. The authors' approach combines a probing analysis of fundamental issues in ethical theory with a sensitive awareness of the concrete realities of health care institutions and the highly personal and individual character of difficult practical problems. Its broad scope will appeal to health professionals, moral philosophers and lawyers alike. (shrink)

Christine M. Korsgaard is Arthur Kingsley Porter Professor of Philosophy at Harvard University. She was educated at the University of Illinois and received a Ph.D. from Harvard. She has held positions at Yale, the University of California at Santa Barbara, and the University of Chicago, and visiting positions at Berkeley and UCLA. She is a member of the American Philosophical Association and a fellow of the American Academy of Arts and Sciences. She has published extensively on Kant, and about moral (...) philosophy and its history, the theory of practical reason, the philosophy of action, and personal identity. Her two published books are The Sources of Normativity (1992) and Creating the King- dom of Ends (1996). (shrink)

A better appreciation of Kant’s commitments in a variety of disciplines reveals Kant had a deeper understanding of human and non-human animals than generally recognized, and this sheds new light on Kant’s claims about the nature and scope of moral status and helps to address, at least from Kant’s perspective, many of the familiar objections to his notorious account of “duties regarding animals.” Kant’s core principles about the nature of moral obligation structure his thoughts about the moral status of human (...) beings and non-human animals. Kant’s commitments in biology, psychology, anthropology and physical geography support his account of the nature of and distinction between humans and non-human animals. This account supports Kant’s judgment that we have duties to every human being and significant duties regarding non-human animals, duties which involve direct concern for animals because of their nature. A comparison of Kant’s account with some recently proposed Kantian alternatives provides additional perspective on some of the distinctive features, and strengths and weaknesses, of Kant’s approach. (shrink)

In Kant’s moral theory, we do not have duties to animals, though we have duties with regard to them. I reconstruct Kant’s arguments for several types of duties with regard to animals and show that Kant’s theory imposes far more robust requirements on our treatment of animals than one would expect. Kant’s duties regarding animals are perfect and imperfect; they are primarily but not exclusively duties to oneself; and they condemn not merely cruelty to animals for its own sake, but (...) also, such things as killing them for food when our health does not require it and ingratitude to service animals. Central to understanding these duties is appreciating Kant’s concern for our morally useful emotions, for it is primarily because of the effect that cruelty to animals has on our sympathetic emotions—which greatly help us treat other rational beings appropriately—that we have duties not to be cruel to animals. Yet cruelty and callousness toward animals are not problematic only because they may weaken some of our morally useful emotions. Cruelty and callousness toward animals are problematic also because they oppose our morally useful emotions; these emotions, as part of the perfection of our nature, should be honored, supported, and furthered, unless there are compelling reasons not to do so in particular cases. (shrink)