This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal (...) theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law. (shrink)
Personhood is a foundational concept in ethics, yet defining criteria have been elusive. In this article we summarize attempts to define personhood in psychological and neurological terms and conclude that none manage to be both specific and non-arbitrary. We propose that this is because the concept does not correspond to any real category of objects in the world. Rather, it is the product of an evolved brain system that develops innately and projects itself automatically and irrepressibly onto the (...) world whenever triggered by stimulus features such as a human-like face, body, or contingent patterns of behavior. We review the evidence for the existence of an autonomous person network in the brain and discuss its implications for the field of ethics and for the implicit morality of everyday behavior. (shrink)
We are very grateful to Richard Ashcroft 1 and Andrew McGee 2 for their thoughtful and articulate criticisms of our views. 3 Ashcroft has disappointingly low aspirations for the law. Of course he is right to say that the law is not a ‘self-sufficient, integrated and self-interpreting system of doctrine’. The law is often philosophically incoherent and internally contradictory. But it does not follow from this that all areas of the law are philosophically unsatisfactory. And if that were true, the (...) response should not be Ashcroft’s contemptuous despair, but a determination to make it better. Ashcroft would say that such idealism is unrealistic in the light of the very nature of ‘the Law’: ‘...a complex assemblage of institutions, rules, accredited persons, practices and systems’. That isa radically ‘legal realist’ position and is plainly unsustainable. We can demonstrate its unsustainability while demonstrating both that he is wrong... (shrink)
Does the morality of abortion depend on the moral status of the human fetus? Must the law of abortion presume an answer to the question of when personhood begins? Can a law which permits late abortion but not infanticide be morally justified? These are just some of the questions this book sets out to address. With an extended analysis of the moral and legal status of abortion, Kate Greasley offers an alternative account to the reputable arguments of Ronald Dworkin (...) and Judith Jarvis Thomson and instead brings the philosophical notion of 'personhood' to the foreground of this debate. Structured in three parts, the book will consider the relevance of prenatal personhood for the moral and legal evaluation of abortion; trace the key features of the conventional debate about when personhood begins and explore the most prominent issues in abortion ethics literature: the human equality problem and the difference between abortion and infanticide; and examine abortion law and regulation as well as the differing attitudes to selective abortion. The book concludes with a snapshot into the current controversy surrounding the scope of the right to conscientiously object to participation in abortion provision. (shrink)
The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)
A common Western assumption is that animals cannot be persons. Even in animal ethics, the concept of personhood is often avoided. At the same time, many in cognitive ethology argue that animals do have minds, and that animal ethics presents convincing arguments supporting the individual value of animals. Although “animal personhood” may seem to be an absurd notion, more attention needs to placed on the reasons why animals can or cannot be included in the category of persons. Of (...) three different approaches to personhood—the perfectionist approach, the humanistic approach, and the interactive approach—the third approach is the strongest. Personhood defined via interaction opens new doors for animal ethics. (shrink)
Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (...) (AI) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)
This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.
This book explores the salient ethical idea of personhood in African philosophy. It is a philosophical exposition that pursues the ethical and political consequences of the normative idea of personhood as a robust or even foundational ethical category. Personhood refers to the moral achievements of the moral agent usually captured in terms of a virtuous character, which have consequences for both morality and politics. The aim is not to argue for the plausibility of the ethical and political (...) consequences of the idea of personhood. Rather, the book showcases some of the moral-political content and consequences of the account it presents. (shrink)
Lockean accounts of personhood propose that an individual is a person just in case that individual is characterized by some advanced cognitive capacity. On these accounts, human beings with severe cognitive impairment are not persons. Some accept this result—I do not. In this paper, I therefore advance and defend an account of personhood that secures personhood for human beings who are cognitively impaired. On the account for which I argue, an individual is a person just in case (...) that individual belongs to a natural kind that is normally characterized by advanced cognitive capacities. Since “human being” is just such a natural kind, individual human beings can be persons even when they do not themselves have advanced cognitive capacities. I argue, furthermore, that we have good reason to accept this account of personhood over rival accounts since it is uniquely able to accommodate the intuitive concept of an impaired person. (shrink)
Drawing heavily on recent empirical research to update R.M. Hare's two-level utilitarianism and expand Hare's treatment of "intuitive level rules," Gary Varner considers in detail the theory's application to animals while arguing that Hare should have recognized a hierarchy of persons, near-persons, & the merely sentient.
Kagan argues that human beings who are neither persons nor even potential persons — if their impairment is independent of genetic constitution — are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning — that he judges too quickly that insentient beings can have (...) interests — before engaging the appeal to modal personhood. I challenge the thesis that modal personhood is relevant to one's moral status, first, by way of analogy to a kicker who misses a field goal though he might have made it; second, by casting doubt on implications for two impaired infants ; and, finally, by examining implications for dogs who would count as modal persons when genetic enhancements are capable of transforming them into persons. (shrink)
This chapter is about personhood in relation to ethics and to conciliar Christian theology, and how concepts of personhood may discriminate against profoundly cognitively disabled human beings. (By ‘conciliar Christian theology’ I mean the Christian theology that is articulated in, or endorsed by, the first seven ecumenical councils.) -/- I believe we can learn several things about personhood by looking at these two topics together. By examining ancient and medieval concepts of personhood and some modern conceptions (...) of personhood we gain a better grasp of the variety of concepts and what substantive work they were intended to do. By becoming familiar with (part of) the history of concepts of personhood we are better situated to appreciate and judge the theoretical work that these concepts were intended to do and what consequences they have in ethical and theological theorizing. -/- In the first section I tell a select history of moral philosophers theorizing about personhood and discuss these in relation to human beings with profound cognitive disability. I focus on John Locke, Immanuel Kant, and Mary Anne Warren. In the “When Personhood Is Discriminatory” section I argue that concepts of personhood, especially modern concepts of personhood, are typically used in a manner that discriminates against human beings with profound cognitive disabilities. I give two arguments against discriminatory uses of personhood, the Moral Shift Argument and the Argument against Exclusive Personhood. Although the Moral Shift Argument is deductively valid, it probably has little persuasive power over those who do not share the moral belief that profoundly cognitively disabled human beings are equal members of the moral community. However, the Argument against Exclusive Personhood has more argumentative force because it denies the claims that personhood is “self-evident” and that it is “obvious” to everyone. In the following section I survey a select history of concepts of personhood in order to establish the claims that concepts of personhood are not self-evident and are not obvious to everyone. This history of personhood goes back to ancient and medieval Christian theorizing and debating about personhood. It shows that concepts of personhood are not “self-evident” but rather are theoretical posits that are posited in theory construction in order to explain certain putative theological facts. Given that personhood is a theoretical posit and is not “self-evident,” moral philosophers who aim to determine the extent of the moral community on the basis of a supposedly “self-evident” concept of personhood are not justified in doing so. Moreover, given the Argument against Exclusive Personhood, philosophical theologians who wish to articulate models of the Trinity or Incarnation that are consistent with the seven ecumenical councils will find that they, like moral philosophers, are not justified to assume, or to insist on, modern personhood for their models of the Trinity or Incarnation. My overall conclusion, then, is that modern personhood is bad for ethics and unnecessary for conciliar ecumenical Christian theology. (shrink)
This article invokes the idea of personhood (which it takes to be at the heart of Afrocommunitarian morality) to give an account of corrective/rectification justice. The idea of rectification justice by Robert Nozick is used heuristically to reveal the moral-theoretical resources availed by the idea of personhood to think about historical injustices and what would constitute a meaningful remedy for them. This notion of personhood has three facets: (1) a theory of moral status/dignity, (2) an account of (...) historical conditions and (3) the achievement of moral excellence by the agent (personhood). This article argues that a just society is a function of (1) and (2), and it further argues that the aim of rectification justice is to correct these two facets of a society, which are necessary for (3) to be possible. The aim of correcting history just is to make personhood a possibility for all humanity, particularly of those who were victims of past injustices. (shrink)
Recently, the salient idea of personhood in the tradition of African philosophy has been objected to on various grounds. Two such objections stand out – the book deals with a lot more. The first criticism is that the idea of personhood is patriarchal insofar as it elevates the status of men and marginalises women in society. The second criticism observes that the idea of personhood is characterised by speciesism. The essence of these concerns is that personhood (...) fails to embody a robust moral-political view. -/- African Personhood and Applied Ethics offers a philosophical explication of the ethics of personhood to give reasons why we should take it seriously as an African moral perspective that can contribute to global moral-political issues. The book points to the two facets that constitute the ethics of personhood – an account of (1) moral perfection and (2) dignity. It then draws on the under-explored view of dignity qua the capacity for sympathy inherent in the moral idea of personhood to offer a unified account of selected themes in applied ethics, specifically women, animal and development. (shrink)
Should we allocate costly health care to patients diagnosed with disorders of consciousness (DoC), such as patients diagnosed as being in a vegetative state or minimally conscious state? Peterson, Aas, and Wasserman (2021) argue that we should in their paper “What justifies the allocation of health care resources to patient with disorders of consciousness?” Their key insight is that the expected benefits to this patient population helps to justify such allocations. However, their insight is attached to a consequentialist framework aimed (...) at maximizing aggregate social welfare. An alleged virtue of their framework over Braddock’s (2017) approach is their agnosticism about the moral status and rights of DoC patients. In this commentary, however, we argue that their agnosticism is the biggest problem with their approach: failing to treat DoC patients as persons with rights runs the moral risk of violating their rights, which is more serious than the risk of failing to maximize social utility. A better approach that reduces moral risk would incorporate Braddock’s (2017) precautionary presumption of personhood. We should stand in solidarity with DoC patients and treat them as persons with dignity and rights. (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)
Traditionally, it has been assumed that metaphysical and practical questions about personhood and personal identity are inherently linked. Neo-Lockean views that draw such a link have been problematic, leading to an opposing view that metaphysical and ethical questions about persons should be sharply distinguished. This paper argues that consideration of this issue suffers from an overly narrow conception of the practical concerns associated with persons that focuses on higher-order capacities and fails to appreciate basic practical concerns more directly connected (...) to our animality. A more inclusive alternative is proposed. (shrink)
This chapter compares three different general accounts of personhood (Byzantine, Boethian, and Modern) and argues that if personhood is the basis on which one has equal moral status in the moral community and the disability-positive position is correct, then the Byzantine and Boethian accounts are preferable over the Modern accounts that are surveyed here. It further argues that the Byzantine account is even friendlier to a disability-positive position compared to the Boethian account.
This paper offers two new arguments for a version of Reflection, the principle that says, roughly, that if one knew now what one would believe in the future, one ought to believe it now. The most prominent existing argument for the principle is the coherence-based Dutch Strategy argument advanced by Bas van Fraassen (and others). My two arguments are quite different. The first is a truth-based argument. On the basis of two substantive premises, that people’s beliefs generally get better over (...) time and that being a person requires having knowledge of this fact, it concludes that it is rational to treat your future selves as experts. The second argument is a transcendental one. Being a person requires being able to engage in plans and projects. But these cannot be meaningfully undertaken unless one has Reflection-like expectations about one’s future beliefs. Hence, satisfaction of Reflection is necessary for being a person. Together, the arguments show that satisfaction of Reflection is both rational and necessary for persons. (shrink)
This paper explores the debate between personists, who argue that the concept of a person if of central importance for moral thought, and personists, who argue that the concept of a human being is of greater moral significance. On the one hand, it argues that normative naturalism, the most ambitious defense of the humanist position, fails to identify moral standards with standards of human behavior and thereby fails to undermine the moral significance of personhood. At the same time, it (...) contends that a more focused attention on the morally relevant features of human life may indeed play a crucial role in enhancing our moral understanding. (shrink)
It is generally accepted that the normative idea of personhood is central to African moral thought, but what has not been done in the literature is to explicate its relationship to the Western idea of rights. In this article, I investigate this relationship between rights and an African normative conception of personhood. My aim, ultimately, is to give us a cursory sense why duties engendered by rights and those by the idea of personhood will tend to clash. (...) To facilitate a meaningful philosophical discussion, I locate this engagement in the context of a debate between Ifeanyi Menkiti and Kwame Gyekye about the nature of Afro-communitarianism, whether it will ground rights as primary or secondary. I endorse Menkiti’s stance that duties are primary and rights secondary; and, I also problematize moderate communitarianism for taking a Western stance by employing a naturalist approach to rights. (shrink)
What I will be referring to as the normative view in contemporary African discourse on personhood has received substantial treatment and is beginning to exhibit the sort of systematic coherence that I believe Kwasi Wiredu once anticipated.1 Much of this is due to Wiredu's own work, as well as important recent work by Polycarp Ikuenobe, whose most recent articulation and defense of the view appear in this journal.2 My aim is to engage with this way of thinking about what (...) it means to be a person with a view to repairing aspects of it deemed to be most problematic. To this end, I pursue two broad lines of contestation—the one is theoretical, contesting some of the features it takes to be conceptually required for... (shrink)
This book addresses the topic of personhood—who is a “person” or “human,” and what rights or dignities does that include—as it has been addressed through the lens of science fiction. Chapters include discussions of consciousness and the soul, artificial intelligence, dehumanization and othering, and free will. Classic and modern sci-fi texts are engaged, as well as film and television. This book argues that science fiction allows us to examine the profound question of personhood through its speculative and imaginative (...) nature, highlighting issues that are already visible in our present world. (shrink)
The lives of persons are valuable, but are all humans persons? Some humans—the immature, the damaged, and the defective—are not capable, here and now, of engaging in the rational activities characteristic of persons, and for this reason, one might call their personhood into question. A standard way of defendingit is by appeal to potentiality: we know they are persons because we know they have the potentiality to engage in rational activities. In this paper I develop acomplementary strategy based on (...) normativity. We know that the humans in question are persons because we know that lacking the here-and-now ability to engage in rational activities is—for them, unlike for tulips or kittens—a falling-short of some norm. Their personhood, in other words, is established on the basis of their being subject to the norm of having those here-and-now capacities. (shrink)
Wennemann argues that the traditional concept of personhood may be fruitfully applied to the ethical challenge we face in a posthuman age. The book posits that biologically non-human persons like robots, computers, or aliens are a theoretical possibility but that we do not know if they are a real possibility.
Emotions and personhood are important notions within the field of mental health care. How they are related is less evident. This book provides a framework for understanding the important and complex relationship between our emotional wellbeing and our sense of self, drawing on psychopathology, philosophy, and phenomenology.
[DRAFT / no longer under review / getting messy / feedback welcome ] This paper 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. Both the basis and the form of personhood are relational, and both can eschew anthropocentrism. (shrink)
This article proffers a personhood-based conception of a meaningful life. I look into the ethical structure of the salient idea of personhood in African philosophy to develop an account of a meaningful life. In my view, the ethics of personhood is constituted by three components, namely (1) the fact of being human, which informs (2) a view of moral status qua the capacity for moral virtue, and (3) which specifies the final good of achieving or developing a (...) morally virtuous character. In light of the ethics of personhood, I will propose the view that a meaningful life is a function of achieving moral excellence or perfection. The moral perfection proposed here, to embody a meaningful life, is of a deontological and satisficing kind. The achievement of satisfactory levels of moral excellence, within sociopolitical and moral limits, captures the essence of a meaningful life. I conclude the article by considering objections against the view proposed here. (shrink)
This paper examines how three central aspects of personhood — the capacities of individuals, their normative status, and the social aspect of being recognized — are related, and how personhood depends on them. The paper defends first of all a ‘basic view’that while actual recognition is among the constitutive elements of full personhood, it is the individual capacities (and not full personhood) which ground the basic moral and normative demands concerning treatment of persons. Actual recognition depends (...) analyti- cally on such pre-existing normative requirements: it is a matter of responsiveness to them. The paper then discusses four challenges. The challenges claim that pace the basic view, the relevant capacities depend on recognition, that recognition seems to have normative rele- vance, and that the basic view cannot as such explain the equality either of persons, or of humans. Responding to these challenges amounts to refining the basic view accordingly. (shrink)
In the Introduction to Self to Self, J. David Velleman claims that 'the word "self" does not denote any one entity but rather expresses a reflexive guise under which parts or aspects of a person are presented to his own mind' (Velleman 2006, 1). Velleman distinguishes three different reflexive guises of the self: the self of the person's self-image, or narrative self-conception; the self of self-sameness over time; and the self as autonomous agent. Velleman's account of each of these different (...) guises of the self is complex and repays close philosophical attention. The first aim of this paper is therefore to provide a detailed analysis of Velleman's view. The second aim is more critical. While I am in agreement with Velleman about the importance of distinguishing the different aspects of selfhood, I argue that, even on his own account, they are more interrelated than he acknowledges. I also analyse the role of the concept of 'bare personhood' in Velleman's approach to selfhood and question whether this concept can function, as he wants it to, to bridge the gap between a naturalistic analysis of reasons for action and Kantian moral reasons. (shrink)
Scientists, engineers, and healthcare professionals are currently developing a variety of new devices under the category of brain-computer interfaces (BCIs). Current and future applications are both medical/assistive (e.g., for communication) and non-medical (e.g., for gaming). This array of possibilities comes with ethical challenges for all stakeholders. As a result, BCIs have been an object of both hope and concern in various media. We argue that these conflicting sentiments can be productively understood in terms of personhood, specifically the impact of (...) BCIs on what it means to be a person and to be recognized as such by others. To understand the dynamics of personhood in the context of BCI use and investigate whether ethical guidance is required, a meeting entitled "BCIs and Personhood: A Deliberative Workshop" was held in May 2018. In this article, we describe how BCIs raise important questions about personhood and propose recommendations for BCI development and governance. (shrink)
The President’s Council on Bioethics has addressed the moral status of human preembryos in its reports on stem cell research and human therapeutic cloning. Although the Council has been criticized for being hand-picked to favor the right-to-life viewpoint concerning human preembryos, it has embraced the idea that the right-to-life position should be defended in secular terms. This is an important feature of the Council’s work, and it demonstrates a recognition of the need for genuine engagement between opposing sides in the (...) debate over stem cell research. To promote this engagement, the Council has stated in secular terms several arguments for the personhood of human preembryos. This essay presents and critiques those arguments, and it concludes that they are unsuccessful. If the best arguments in support of the personhood of human preembryos have been presented by the Council, then there are no reasonable secular arguments in support of that view. (shrink)
This volume contains the workshop papers of the philosophical conference Dimensions of Personhood held in August 13-15, 2004 at University of Jyväskylä, Finland. The conference was organized by the Finnish Academy research project The Concept of Person. In the call for papers, the theme of the conference was formulated as follows. Recent developments in neuroscience and information technology, in medicine and biotechnology, and in society and culture more broadly have made various questions concerning our identity as human beings urgent. (...) As our power over ourselves increases, the questions of who we are, how we are to conceive of ourselves and how we should use our powers over ourselves, become more and more pressing. The concept of person is in many ways a necessary starting point in answering such questions. However, the concept is often used in an indeterminate sense, and when efforts have been made to clarify the concept, different philosophers have ended up with rival usages and rival theories. For example, the theories differ on whether ‘person’ is identical with ‘human being’, ‘subject’ or ‘self ’. Yet it seems to us that the rival theories of personhood are trying to capture a common idea, namely that persons differ from (other) animals, machines, detached ‘minds’, brains and sub-personal mechanisms in the kind of relations to self, to others and to the world that they have, or are capable of having. The general idea of the conference is thus to approach personhood along three dimensions, where the being of persons differs from the being of non-persons: 1 self-relations, 2. interpersonal relations, and 3. world-relations. The guiding question of the conference is: how does the concept of person illuminate these relations (to self, to others, to the world), and how do these relations illuminate the concept of person? Our wish is to bring together recent work done in each of these dimensions and further our understanding concerning the ways in which personhood and these relations are intertwined. (shrink)
Authors from all over the world unite in an effort to cultivate dialogue between Asian and Western philosophy. The papers forge a new, East-West comparative path on the whole range of issues in Kant studies. The concept of personhood, crucial for both traditions, serves as a springboard to address issues such as knowledge acquisition and education, ethics and self-identity, religious/political community building, and cross-cultural understanding. Edited by Stephen Palmquist, founder of the Hong Kong Philosophy Café and well known for (...) both his Kant expertise and his devotion to fostering philosophical dialogue, the book presents selected and reworked papers from the Kant in Asia conference, held in Hong Kong in May 2009. In addition to keynote essays by Patricia Kitcher (Columbia), Günter Wohlfart (Wuppertal), and Cheng Chung-ying (Hawaii), the book contains 64 contributed essays. The latter include contributions from Andrew Brook, David Cummiskey, Rainer Enskat, Wolfgang Ertl, Hans Feger, Klaus-Gerd Giesen, Ronald Green, Martin Moors, Ulrich Seeberg, Susan Shell, Rein Vos, Günter Zoeller, and numerous Asian philosophers. (shrink)
Because mourning and memorializing a miscarriage seems to imply acceptance of foetal personhood, feminists have been reluctant to address the often traumatic but common experience of pregnancy loss. Feminist anthropologists of reproduction have argued that adopting a view of personhood as constructed and negotiated, rather than inherent, solves this dilemma and enables the development of a feminist discourse of pregnancy loss. This article aims to make a critical contribution to such a discourse by analysing representations of lost babies (...) and children in online pregnancy loss memorials. It focuses on two genres of representation, idealized angels and medical ultrasound images. It argues that the dominance of a biological model of personhood limits the ability of both forms of representation to secure the status of memorialized children as real. However, pregnancy loss memorials do communicate the anguish of grieving parents, in part through the very unrepresentability of their loss. They also provoke a questioning of the taken for granted subject of `the child', whether imagined or real, absent or present. (shrink)
This article explores the extent to which the I‐You relation should be applied to domains other than the human and the divine focusing particularly on artifacts and technology. Drawing first on the work of Martin Buber, Gabriel Marcel, and Martin Heidegger, I contend that the I‐You tradition has maintained I‐You relations with objects are possible even when these same figures level strong critiques of the I‐It relation. I extend these discussions and argue that some kind of You‐speaking for artifacts is (...) needed to combat rampant consumption and reduction of the world to pure utility. But, I equally suggest that there are limitations to applying the I‐You relation to artifacts precisely when doing so keeps us from having genuine relationships with other people as outlined by psychologist Sherry Turkle. Finally, I outline how this proposal impacts the doctrine of creation. In sum, it expands our intuitions of what is included in that doctrine creation. (shrink)
Often overlooked in studies of the corporation is the recognition that the modern corporate form and its power are rooted in the issue of race, and more specifically, in racial oppression. The racialized roots of the corporation become exposed when we acknowledge the significance of slavery and the Fourteenth Amendment to the evolution of the corporate form along with the discriminatory role corporations have traditionally played in shaping race relations in the U.S. This article draws upon several theoretical perspectives, primarily (...) critical race theory, management theory, legal studies, diversity management, and corporate social responsibility to introduce the corporate responsibility to race concept and establish it as a new basis for understanding why corporate persons have a responsibility for improving race relations. (shrink)
Criticizing Richard Swinburne’s conception of God, John Hick argues that God cannot be personal because infinity and personhood are mutually incompatible. An essential characteristic of a person, Hick claims, is having a boundary which distinguishes that person from other persons. But having a boundary is incompatible with being infinite. Infinite beings are unbounded. Hence God cannot be thought of as an infinite person. In this paper, I argue that the Hickian argument is flawed because boundedness is an equivocal notion: (...) in one sense it is not essential to personhood, and in another sense—which is essential to personhood—it is compatible with being infinite. (shrink)
According to a predominant view, reflection is constitutive of personhood. In this paper I first indicate how it might seem that such an account cannot do justice to the socially embedded nature ofpersonhood. I then present a phenomenologically-inspired account of reflection as critical stance taking and show how it accommodates the social embeddedness of persons. In concluding, I outline how this phenomenological account is also not vulnerable to a number of additional challenges that have been raised against accounts that (...) consider reflection to be constitutive of personhood and what matters for responsibility. (shrink)
A review of Personhood, Ethics, and Animal Cognition: Situating Animals in Hare’s Two-Level Utilitarianism, by Gary E. Varner. New York, NY: Oxford University Press, 2012. Pp. xv + 336. H/b £40.23. and The Philosophy of Animal Minds, edited by Robert W. Lurz. New York, NY: Cambridge University Press, 2009. Pp. 320. P/b £20.21.
Simon Evnine examines various epistemic aspects of what it is to be a person. Persons are defined as finite beings that have beliefs, including second-order beliefs about their own and others' beliefs, and are agents, capable of making long-term plans. It is argued that for any being meeting these conditions, a number of epistemic consequences obtain. First, all such beings must have certain logical concepts and be able to use them in certain ways. Secondly, there are at least two principles (...) governing belief that it is rational for persons to satisfy and are such that nothing can be a person at all unless it satisfies them to a large extent. These principles are that one believe the conjunction of one's beliefs and that one treat one's future beliefs as, by and large, better than one's current beliefs. Thirdly, persons both occupy epistemic points of view on the world and show up within those views. This makes it impossible for them to be completely objective about their own beliefs. Ideals of rationality that require such objectivity, while not necessarily wrong, are intrinsically problematic for persons. This "aspectual dualism" is characteristic of treatments of persons in the Kantian tradition. In sum, these epistemic consequences support a traditional view of the nature of persons, one in opposition to much recent theorizing. (shrink)
In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of (...) that category, we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)
Theories regarding the nature and achievement of personhood in a communitarian context appear to differ in significant respects in the writings of several contemporary African philosophers. Ifeanyi Menkiti seems to regard ethnic differences as sufficient to warrant a national accommodation of multiculturalism with respect to moralities and attendant beliefs. Kwasi Wiredu argues that there is a substantive universal moral principle that undercuts such apparent and relatively superficial diversity. Communitarianism also seems to provide a better framework for explaining how a (...) human being becomes a person than classical liberal theory as enunciated by someone like John Rawls. (shrink)
Personhood is an extensively discussed theme in contemporary African philosophy, which has taken metaphysical, epistemological and normative dimensions. In Western philosophical traditions, discourse on personhood is transmuting to debates on transhumanism. Missing in the African philosophical literature is consideration of transhumanism and an explication of the relationship between personhood and transhumanism. In this article, I critically examine the relationship between personhood and transhumanism in an African context. Drawing on Barry Hallen’s African metaphysical account of personhood (...) and Thaddeus Metz’s Afro-communal normative conception of personhood, I argue that while some transhumanist elements are embedded in African normative and ontological conceptions of personhood, some others are not. In the final analysis, I defend an Afrofuturistic account of personhood that is compatible with some censored essentials of transhumanism in African thoughts. Keywords : Personhood, Transhumanism, Barry Hallen, Thaddeus Metz, Africa, Yoruba. (shrink)
The present paper unravels ontological and normative conditions of personhood for the purpose of critiquing ‘Cognitivist Views’. Such views have attracted much attention and affirmation by presenting the ontology of personhood in terms of higher-order cognition on the basis of which normative practices are explained and justified. However, these normative conditions are invoked to establish the alleged ontology in the first place. When we want to know what kind of entity has full moral status, it is tempting to (...) establish an ontology that fits our moral intuitions about who should qualify for such unique normative standing. But this approach conflates personhood’s ontology and normativity insofar as it stresses the primacy of the former while implicitly presupposing the latter; it thereby suffers from a ‘Normative Fallacy’ by inferring from ‘ought’ to ‘is’. Following my critique of Cognitivism, I sketch an alternative conception, contending that, whereas the Cognitivist ontology of personhood presupposes the normative, a social ontology is constituted by it. In due consideration of evidence from developmental psychology, the social embeddedness of persons—manifested in the ability of taking a ‘second-person stance’—is identified as a key feature of personhood that precedes higher-order cognition, and is directly linked to basic normative concerns. (shrink)
This article ascertains what philosophical implications can be drawn from the moral idea of personhood dominant in African philosophy. This article aims to go beyond the oft-made submission that this moral idea of personhood is definitive of African moral thought. It does so by advancing discourse with regards to personhood by exploring its relationship with another under-explored idea in African ethics, the idea of partialism. This article ultimately argues that the idea of personhood can be associated (...) with two (related) sorts of partialisms: agent-related and other-centered partialisms. (shrink)