The aim of this article is to elaborate on how a distinct concept of the person can be implemented within person‐centred care as an ethical configuration of personhood in the tension between the two predominant cultures of knowledge within health care: naturalism and phenomenology. Starting from Paul Ricoeur's ‘personalism of the first, second, and third person’ and his ‘broken’ ontology, open‐ended, incomplete, and imperfect mediations, placed at the precise juncture where reality is divided up into two separate cultures of (...) knowledge, is identified as crucial for what makes us human. Within this context, Ricoeur's distinct ethical configuration of personhood is based on the homology between the linguistic, practical, narrative, and moral determinations of selfhood—articulated as a hermeneutics of the self, without any methodological break. Person‐centred care is thus recognized as an profound ethical approach to health care based on mediations of ‘horizontal’ (teleological) and ‘vertical’ (deontological) readings of an ethical configuration of personhood by the use of practical wisdom. (shrink)

Animal advocates cannot allow the idea to take hold that only the great apes and certain other “higher” animals are fit to be “persons.” Working to change the moral status of the great apes or sea mammals; for example; is a legitimate and important undertaking; but it should not be done at the expense of other animals. Such thinking is not only disconnected from real animals in the real world; it perpetuates the view that beings belonging to species deemed “nonpersons” (...) or “merely conscious” are of lesser; or no; moral significance until or unless; through an institutionalized system of painful; stressful; and demeaning experiments over decades or centuries; some of them might “prove” themselves worthy of being called persons or semi-persons or sort-of-persons entitled to whatever privileges such designations may confer. (shrink)

The ever-present possibility of death forces upon us the question of life's meaning and for this reason death has been a central concern of philosophers throughout history. From Socrates to Heidegger, philosophers have grappled with the nature and significance of death. In "Annihilation", Christopher Belshaw explores two central questions at the heart of philosophy's engagement with death: what is death; and is it bad that we die? Belshaw begins by distinguishing between literal and metaphorical uses of the term and (...) offers a unified and biological account of death, denying that death brings about non-existence. How our death relates to the death of the brain is explored in detail. Belshaw considers the common-sense view that death is often bad for us by examining the circumstances that might make it bad as well as the grounds for thinking that one death can be worse than another. In addition, Belshaw explores whether we can be harmed after we die and before we were born. The final chapters explore whether we should prevent more deaths and whether, via cryonics, brain transplants, data storage, we might cheat death. Throughout Belshaw shows how questions of personhood and life's value are bound up with our views on the sense and significance of death. "Annihilation's" in-depth analysis and insightful exposition will be welcomed not only by philosophers working on the metaphysics of death but also by students and scholars alike looking for a foundation for discussions of the ethics of abortion, euthanasia, life-support and suicide. (shrink)

The ever-present possibility of death forces upon us the question of life's meaning and for this reason death has been a central concern of philosophers throughout history. From Socrates to Heidegger, philosophers have grappled with the nature and significance of death. In "Annihilation", Christopher Belshaw explores two central questions at the heart of philosophy's engagement with death: what is death; and is it bad that we die? Belshaw begins by distinguishing between literal and metaphorical uses of the term and (...) offers a unified and biological account of death, denying that death brings about non-existence. How our death relates to the death of the brain is explored in detail. Belshaw considers the common-sense view that death is often bad for us by examining the circumstances that might make it bad as well as the grounds for thinking that one death can be worse than another. In addition, Belshaw explores whether we can be harmed after we die and before we were born. The final chapters explore whether we should prevent more deaths and whether, via cryonics, brain transplants, data storage, we might cheat death. Throughout Belshaw shows how questions of personhood and life's value are bound up with our views on the sense and significance of death. "Annihilation's" in-depth analysis and insightful exposition will be welcomed not only by philosophers working on the metaphysics of death but also by students and scholars alike looking for a foundation for discussions of the ethics of abortion, euthanasia, life-support and suicide. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical (...) class='Hi'>significance, different kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

It is 2 a.m. I am very sick. I am not sure how long I have been hospitalized. The last two or three days have been a blur, a parade of procedures and people. I had a bloody debridement for a severe, large, and grossly infected stage four wound‐the first wound I have had since I was paralyzed in 1978. I know the next six months or longer are going to be exceedingly difficult. I will be bedbound for months, dependent (...) upon others for the first time in my adult life. As these thoughts are coursing through my mind, a physician I have never met and the registered nurse on duty appear at my door. As they put on their gowns I am weary but hopeful. Surely there is something that can be done to stop the vomiting. The physician examines me with the nurse's help. Like many other hospitalists that have examined me, he is coldly efficient. At some point, he asks the nurse to get a new medication. What transpired after the nurse exited the room has haunted me. Paralyzed me with fear. The hospitalist asked me if I understood the gravity of my condition. He grimly told me I would be bedbound for at least six months and most likely a year or more. That there was a good chance the wound would never heal. If this happened, I would never sit in my wheelchair. I would never be able to work again. Not close to done, he told me I was looking at a life of complete and utter dependence. He went on to tell me I was on powerful antibiotics that could cause significant organ damage. He informed me I had the right to forego any medication, including the lifesaving antibiotics. If I chose not to continue with the current therapy, I could be made very comfortable. I would feel no pain or discomfort at all. Although not explicitly stated, the message was loud and clear. I can help you die peacefully. (shrink)

From inception to extinction, objective criteria regarding the defining characteristics of "personhood" are sought to justify responsibility. But, when we relate to others, what do we actually relate to? In The Ethical Significance of Illeity, L vinas's concept of illeity is used to argue that the responsibility owed to others flows not from an ability to comprehend the defining characteristics of "personhood" but from the fact that persons are ultimately "neutral" and beyond disclosure. Ethics should not be (...) dominated by knowledge; rather, the ethical relationship with the other should guide the progress of understanding. Philosophy is the wisdom of love at the service of love. (shrink)

Epictetus’ discussion of the death of spouse and child in Encheiridion 3 raises interesting problems on the meaning of “person” in his Stoic philosophy. The author uses Epictetus’ discussion as a window into his notion of person, and weighs the strengths and weaknesses of that notion. The Stoic view of personrepresents an advance over pre-Stoic views. It offers us a better way to look at significant others throughout life, and helps us better to deal with their loss. Yet it falls (...) short of being a fully satisfactory notion of person, because it does not address the fact that I am constituted as person only in relationship to others who are themselves persons. (shrink)

Epictetus’ discussion of the death of spouse and child in Encheiridion 3 raises interesting problems on the meaning of “person” in his Stoic philosophy. The author uses Epictetus’ discussion as a window into his notion of person, and weighs the strengths and weaknesses of that notion. The Stoic view of person represents an advance over pre-Stoic views. It offers us a better way to look at significant others throughout life, and helps us better to deal with their loss. Yet it (...) falls short of being a fully satisfactory notion of person, because it does not address the fact that I am constituted as person only in relationship to others who are themselves persons. (shrink)

Despite the many well-documented similarities -- genetic, cognitive, behavioral, social -- between our human selves and our evolutionary forebears, a significant gulf remains between us and them. Why is that? How did it come about? And how did we come to be the way we are? In this book fourteen distinguished scholars -- including humanist, atheist, and theist voices -- address such questions as they explore how and when human personhood emerged. Representing various disciplines, the contributors all offer significant (...) insights into new scientific research about the origins of human nature -- research that challenges some traditional views. CONTRIBUTORS Francisco J. Ayala Justin L. Barrett Roy F. Baumeister Warren S. Brown Richard W. Byrne Matthew J. Jarvinen Malcolm Jeeves Timothy O'Connor Lynn K. Paul Colin Renfrew Ian Tattersall Anthony C. Thiselton Alan J. Torrance Adam Zeman. (shrink)

In end-of-life care discussions, I contend that the distinction between “having a life” vs. “being alive” is an underutilized distinction. This distinction is significant in separating different states of existence conflated by patients, families, and clinicians. In the clinical setting, applying this distinction in end-of-life care discussions aids patients’ and family members’ decision-making by helping them understand that being alive can differ from having a life. Moreover, this distinction helps them decide which state may be the most important to them. (...) After applying this distinction to three complex cases, I respond to the likely objection that “having a life” vs. “being alive” is less accurate and more controversial than other distinctions. I conclude by arguing that “having a life” vs. “being alive” is more accurate and less controversial than distinctions between medically indicated vs. medically inappropriate treatments, personhood, and quantity vs. quality of life. (shrink)

Develops a theory of culture based on a metaphysics that elaborates on the Platonic and Confucian traditions. In Metaphysics of Goodness, Robert Cummings Neville extends Alfred North Whitehead’s project of cultural studies, which was based on a new metaphysics that Whitehead developed in Adventures of Ideas. Neville’s focus is value or goodness in many modes. The metaphysics treated in this book derive from the Platonic and Confucian traditions, with significant modifications of Whitehead, Peirce, Dewey, Confucius, Xunzi, and Zhou Dunyi. Part (...) one develops a theory of form based on a metaphysics of harmony. Part two elaborates a theory of art based on a metaphysics of beauty. Part three sketches a theory of personhood based on a metaphysics of obligation. Part four discusses civilization in a systematic way based on a metaphysics of flourishing. Throughout the book, Neville elaborates a theory of interpretation that is inspired by Peirce, Dewey, and Xunzi but is not limited to their ideas. While the reasoning of the book is concise, it employs methodologies from many kinds of philosophy, art criticism, ethics, and cultural studies, and sees philosophy as needing to learn from all these disciplines. “Neville’s work is informed by a lifelong engagement with the most important philosophers in history, including Plato, Aristotle, Whitehead, and Dewey. Here, he offers an important argument that there is beauty not only in how people see the world, but also in the world itself.” — Kevin Schilbrack, Appalachian State University. (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)

Discusses the journey of Buddhist ideas on awareness and personhood from India to China. Encounters of Mind explores a crucial step in the philosophical journey of Buddhism from India to China, and what influence this step, once taken, had on Chinese thought in a broader scope. The relationship of concepts of mind, or awareness, to the constitution of personhood in Chinese traditions of reflection was to change profoundly after the Cognition School of Buddhism made its way to China (...) during the sixth century. India’s Buddhist philosophers had formulated the idea that, in order for human beings to achieve perfect enlightenment, they had to produce a state of awareness through practice that they described as “luminous.” However, once introduced to the Chinese tradition, the concept of the “luminous mind” was to become a condition already found within human nature for the possibility of achieving human ideals. This notion of the luminous mind was to have far-reaching significance both for Chinese Buddhism and for medieval Confucianism. Douglas L. Berger follows the transforming path of conceptions of the luminosity of consciousness and the perfectibility of personhood in order to bring into clearer relief the history of Indian and Chinese philosophical dialogue, as well as in the hope that such dialogue will be reignited. (shrink)

Although fantastical thought-experiments about personal identity abound, these seemingly cannot bring home the conviction one way or the other, when it comes to the nature of diachronic (or synchronic) personhood. Per Kathleen Wilkes, these thought-experiments suffer from being divorced from the necessary background conditions. In this paper, I aim to rectify this by developing an empirically-informed thought experiment (that fill in these blanks) focusing on feral children, or children who have grown up in near-complete isolation from all human interaction. (...) After detailing the significance of these cases and discussing a present-day case, I move to construct the background for thought-experiments on these cases. As an upshot, I apply the experiment to a contemporary theory of personhood (namely, constitutionalism), analyze its shortcomings, and make recommendations for future improvements. (shrink)

Political philosophy is obviously concerned with people. If there were no people we would have no subject. But the contemporary significance of the concept of personhood is largely due to its central role in liberal political philosophy. Puzzles about personhood typically arise as objections to liberalism.

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the view (...) that only intrinsic psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (shrink)

The ethical concerns of Japanese nurses are compared with those of previously described nurses from the USA. Patient comfort was a primary concern of nurses from both countries. Participants described an ethical imperative to provide adequate pain medication for patients and prevent unnecessary and uncomfortable invasive tests and procedures, especially at the end of life as the focus changed from ‘cure’ to ‘care’. The notion of regard for personhood varied, based on the communication styles and definition of the self (...) inherent in the different cultures of the nurses. A common meaning centred around knowing patients as persons, listening to their needs and preferences, supporting their everyday choices through advocacy, and maintaining their dignity. Despite background cultural differences, there are common ethical concerns between nurses in Japan and the USA. This article invites readers to reflect on everyday nursing practices that exemplify ethical expertise, and the significance of this expertise in uncovering and articulating nursing ethics across cultures. (shrink)

Personhood is ascribed on others, such that someone who is recognized to be a person is bestowed with certain civil rights and the right to decision making. A rising question is how severely brain-injured patients who regain consciousness can also regain their personhood. The case of patients with locked-in syndrome is illustrative in this matter. Upon restoration of consciousness, patients with LIS find themselves in a state of profound demolition of their bodily functions. From the third-person perspective, it (...) can be expected that LIS patients might experience a differential personal identity and may lose their status as persons. However, from the patients’ perspective, it is uncontested that they retain their personal identity and that they consider themselves to be persons. We here include results from a survey with patients with LIS aimed at identifying the primary expectations of patients for their care by non-medical professionals. Based on these first-hand reports, we argue that personhood in LIS is progressively regained as the widening circle of others recognizes them as persons. (shrink)

Eric Olson criticizes Lynne Baker’s constitution account of persons on the grounds that personhood couldn’t be ontologically significant as nothing new comes into existence with the acquisition of thought. He claims that for something coming to function as a thinker is no more ontologically significant than something coming to function as a locomotor when a motor is added to it. He levels two related charges that there’s no principled answer about when and where constitution takes place rather than an (...) already existing object just acquiring new properties. I’ll argue that none of these objections are problems for understanding person to be a substantial kind. (shrink)

Personhood is ascribed on others, such that someone who is recognized to be a person is bestowed with certain civil rights and the right to decision making. A rising question is how severely brain-injured patients who regain consciousness can also regain their personhood. The case of patients with locked-in syndrome is illustrative in this matter. Upon restoration of consciousness, patients with LIS find themselves in a state of profound demolition of their bodily functions. From the third-person perspective, it (...) can be expected that LIS patients might experience a differential personal identity and may lose their status as persons. However, from the patients’ perspective, it is uncontested that they retain their personal identity and that they consider themselves to be persons. We here include results from a survey with patients with LIS aimed at identifying the primary expectations of patients for their care by non-medical professionals. Based on these first-hand reports, we argue that personhood in LIS is progressively regained as the widening circle of others recognizes them as persons. (shrink)

In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the view (...) that only intrinsic psychological capacities are relevant to moral personhood: that is, that relational properties are generally not relevant. In addition, McMahan depends on an argument that species membership is irrelevant for moral consideration and a contention that privileging species membership is equivalent to a virulent nationalism (these will be discussed below). In consequence, the CSMR are excluded from moral personhood and their deaths are less significant as their killing is less wrong than that of persons. To throw doubt on McMahan’s conclusions about the moral status and wrongness of killing the CSMR I question the exclusive use of intrinsic properties in the metaphysics of personhood, the dismissal of the moral importance of species membership, and the example of virulent nationalism as an apt analogy. I also have a lot to say about McMahan’s empirical assumptions about the CSMR. (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)

The history of brain-computer interfaces developed from a mere idea in the days of early digital technology to today’s highly sophisticated approaches for signal detection, recording, and analysis. In the 1960s, electroencephalography was tied to the laboratory due to equipment and recording requirements. Today, amplifiers exist that are built in the electrode cap and are so resistant to movement artefacts that data collection in the field is no longer a critical issue. Within 60 years, the field has moved from simple (...) and artefact-sensitive EEG recording to making real the vision of brain-computer communication. In the last 40 years, direct brain-computer interaction went from simple communication programs to sophisticated BCI-controlled applications. In the past two decades, much research was conducted with locked-in individuals, and since the 2010s, independent home use by exemplary patients has been demonstrated. In these patients with locked-in syndrome, BCI were installed at their home and long-term usage was established, resulting in increased quality of life. Maintaining communication in disorders leading to LIS contributes significantly to the patients’ sense of being full persons. BCI as an assistive technology will likely be perceived as integral part of the self: insofar as it can prevent total loss of communication and the ensuing social isolation, it enables essential conditions for the subjective and intersubjective experience of personhood. (shrink)

What kind of animals are human beings? And how do our visions of the human shape our theories of social action and institutions? In Moral, Believing Animals>, Christian Smith advances a creative theory of human persons and culture that offers innovative, challenging answers to these and other fundamental questions in sociological, cultural, and religious theory. Smith suggests that human beings have a peculiar set of capacities and proclivities that distinguishes them significantly from other animals on this planet. Despite the vast (...) differences in humanity between cultures and across history, no matter how differently people narrate their lives and histories, there remains an underlying structure of human personhood that helps to order human culture, history, and narration. Drawing on important recent insights in moral philosophy, epistemology, and narrative studies, Smith argues that humans are animals who have an inescapable moral and spiritual dimension. They cannot avoid a fundamental moral orientation in life and this, says Smith, has profound consequences for how sociology must study human beings. (shrink)

Three of the articles included in this issue of the Journal of Medicine and Philosophy - Ron Amundson and Shari Tresky's "On a Bioethical Challenge to Disability Rights"; Rachel Cooper's "Can It Be a Good Thing to Be Deaf?"; and Mark T. Brown's "The Potential of the Human Embryo" - interact (in various ways) with the concepts of disability, humanity, and personhood and their normative dimensions. As one peruses these articles, it becomes apparent that terms like "disability," "human being," (...) and "person" carry with them great normative significance. There is, however, much disagreement concerning both the definition and the extension of such terms. This is significant because different terms and definitions are associated with different sets of normative requirements. In what follows we reconstruct the argument of each of the articles, and then offer some brief critical analysis intended to stimulate further thought about and discussion of the issues that each raises. (shrink)

Personhood argument is important in moral philosophy specially to determine the moral status of a being (human or non-human) and organism. Justifying moral status of these is significant and necessary because without knowing whether those substances have moral status, it is difficult to sketch a moral considering framework for moral action towards them. There are a number of standards e.g. sentience, higher cognitive capacities, the capacity to flourish, sociability, the possession of life, viability, personhood etc, to determine moral (...) status of human beings, non-human beings and organisms. In biomedical ethics it is widely discussed whether the abnormal and marginal human beings, animals and foetus are moral agents. The beings and organisms which qualify the test for moral status are considered as moral agents and the society has moral obligations to ensure their moral rights. Personhood is one of the criteria to determine a being or organism as a moral agent. In this article I will examine whether the argument of personhood is acceptable in justifying the agency of different kinds of beings and organisms. It is because the personhood requirement for the moral status is too demanding as claimed by contemporary ethicists who work for animal rights and the rights of the foetus to flourish. (shrink)

A point made repeatedly over the last few years is that the Locked-in Syndrome offers unique real-life material for revisiting and challenging certain ingrained philosophical assumptions about the nature of personhood and personal identity. Indeed, the claim has been made that a closer study of LIS will call into question some of the traditional conceptions of personhood that primarily highlight the significance of consciousness, self-consciousness and autonomy and suggest the need for a more interpersonal account of the (...) person. I am skeptical about these claims and will in the following argue that the theoretical relevance of LIS for an understanding of selfhood and personhood has been exaggerated. (shrink)

This chapter contains sections titled: Basic Moral Principles and the Concept of a Person Human Persons and Human Organisms The Concept of a Person and the Wrongness of Killing What Makes Something a Person? Is Personhood a Matter of Degree? Is Potential Personhood Morally Significant? Is Species Membership Morally Significant? The Moral Status of Human Embryos, Fetuses, and Newborn Infants Summing Up: Ethics and the Concept of a Person References.

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)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. (Free will is understood here as whatever satisfies the control condition of moral responsibility.) Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that (...) we are morally responsible are not quite this dramatic. Giving up the belief that we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

In contemporary free will theory, a significant number of philosophers are once again taking seriously the possibility that human beings do not have free will, and are therefore not morally responsible for their actions. Free will theorists commonly assume that giving up the belief that human beings are morally responsible implies giving up all our beliefs about desert. But the consequences of giving up the belief that we are morally responsible are not quite this dramatic. Giving up the belief that (...) we are morally responsible undermines many, and perhaps most, of the desert claims we are pretheoretically inclined to accept. But it does not undermine desert claims based on the sheer fact of personhood. Even in the absence of belief in moral responsibility, personhood-based desert claims require us to respect persons and their rights. So personhood-based desert claims can provide a substantial role for desert in free will skeptics' ethical theories. (shrink)

Basic Questions The following are among the basic questions discussed in this essay: (1) What is the concept of a person? (2) What properties make something a person? (3) Is personhood a matter of degree? (4) Is potential personhood morally significant? (5) Is species membership morally significant? (6) Why is the concept of a person important? Important Arguments The important arguments that are examined include the following: (1) Counterexample arguments: (a) Whole brain death and upper brain death. (b) (...) Brain transplants. (c) Currently irreparable damage versus impossibility of resuscitation. (2) The reprogramming argument. (3) The generalized potentialities argument. (4) Potentialities and comas: active versus passive. (5) Anti-speciesism and the common sense generality of the concept of a person: deities, angels, disembodied souls, extraterrestrials. Important Positions Among the important positions considered are the following: (1) Consciousness is sufficient for personhood. (2) Self-consciousness is necessary for personhood. (3) The capacity for thought is necessary for personhood. (4) Moral agency is necessary for personhood. (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)

The view that the fetus' potential for human consciousness confers upon it the right to life has been widely criticised on the basis that the notion of potentiality is so vague as to be meaningless, and on the basis that actual rights cannot be deduced from the mere potential for personhood. It has also been criticised, although less commonly, on the basis that it is not the potential to assume consciousness, but rather the potential to resume consciousness which is (...) morally significant, and on the basis that the fetus does not really possess the potential for consciousness. In response, I argue that these criticisms are mistaken and that the potential for human consciousness is a sufficient condition not simply of potential, but actual, personhood. Since it possesses this potential from the moment of conception, the fetus should be considered an actual person from the moment of its conception. (shrink)

The essays in this collection focus on the essentially moral desire within humanistic inquiry to seek a point of contact between personal experience and intellectual reflection. The book is concerned with the development of a plural vocabulary of transformation that stems from the language of historians, philosophers, feminists, and aestheticians. It delineates a significant and widespread change in intellectual perspective that resists homogenizing the objects of study to abstract conceptual models and structures. What emerges from this volume are personal, responsible, (...) situated languages that engage intellectuals after the waves of abstract theory of the past twenty years. ContentsChristie McDonald and Gary Wihl/PrefaceNancy F. Partner/History Without Empiricism/Truth Without FactsJudith Schlanger/How Old Is Our Cultural Past?Isabelle Stengers/The Humor of the PresentNancy Austin/Naming the Landscape: Leisure Travel and the Demise of the SalonKarsten Harries/Beauty, Language, and Re-Presentation: Notes Toward a Critique of Aesthetics--With Special Reference to ArchitectureMary Ann Caws/Making Space: For a Poetry of ArchitectureCharles Altieri/Intentionality Without Interiority: Wittgenstein and the Dynamics of Subjective AgencyJacques Schlanger/Changing One's BeliefsRosi Braidotti/Theories of GenderSarah Westphal/Stories of GenderMary Bittner Wiseman/Three Renaissance Madonnas: Freud and the Feminine. (shrink)

This book explores the phenomenological investigations of Edith Stein by critically contextualising her role within the phenomenological movement and assessing her accounts of empathy, sociality, and personhood. Despite the growing interest that surrounds contemporary research on empathy, Edith Stein’s phenomenological investigations have been largely neglected due to a historical tradition that tends to consider her either as Husserl’s assistant or as a martyr. However, in her phenomenological research, Edith Stein pursued critically the relation between phenomenology and psychology, focusing on (...) the relation between affectivity, subjectivity, and personhood. Alongside phenomenologists like Max Scheler, Kurt Stavenhagen, and Hedwig Conrad-Martius, Stein developed Husserl’s method, incorporating several original modifications that are relevant for philosophy, phenomenology, and ethics. Drawing on recent debates on empathy, emotions, and collective intentionality as well as on original inquiries and interpretations, the collection articulates and develops new perspectives regarding Edith Stein’s phenomenology. The volume includes an appraisal of Stein’s philosophical relation to Edmund Husserl and Max Scheler, and develops further the concepts of empathy, sociality, and personhood. These essays demonstrate the significance of Stein’s phenomenology for contemporary research on intentionality, emotions, and ethics. Gathering together contributions from young researchers and leading scholars in the fields of phenomenology, social ontology, and history of philosophy, this collection provides original views and critical discussions that will be of interest also for social philosophers and moral psychologists. (shrink)

The article examines the relationship between a wrongdoer and his victim. Based on this examination, a justification for criminal punishment is proposed. It is argued that crime violates thea prioriequality of constituent boundaries and of infinite human value between the wrongdoer and the victim. Criminal punishment re-equalizes respective boundaries and infinite human value. To develop this argument, the article observes how subject-subject boundaries are essential for the formation of separateness between subjects - separateness which is recognized and acknowledged by them (...) in a cooperative process. The article further discusses the value of boundaries and the significance of theira prioriequality in every human relationship. It then shows how crime, which is intrusion of the victim’s boundaries, works to demolish the victim’s self-recognizing separateness and hence to create inequality in the parties’ value. Last, the article demonstrates that only punishment can reset the relationship between the parties and re-equate their (still infinite) human value in the relationship. (shrink)

This chapter introduces the subject of personhood and its significance to Indic traditions and academic discourses. The category of 'person' is distinguished from the categories of 'self' and 'body' by virtue of its relational, permeable, and "extensional" or "expansive" character. The scholarly tendency to frame persons as "microcosms"-bodies that contain within the replication of the cosmos-at-large-is problematized. Indic persons are most often conceived as outward-facing, phenomenalistic, world-wide entities. Chapters of the work are summarized. Significance of Indic theories (...) of personhood to modern debates on environmental personhood and legal personhood is discussed. (shrink)

In the May, 1960, issue of the American Bar Association Journal (vol. 499), Morton Birnbaum, a lawyer and physician, argued for a legal right to psychiatric treatment of the involuntarily committed mentally ill person. In the 18 years since his article appeared,, there have been several key court cases in which this concept of a right to psychiatric treatment has figured prominently and decisively. It is important to note that the language of the decisions have had at least an indirect (...) effect in the recently enacted mental Hygiene Law of the State of New York. While I shall not seek to establish the historical thesis that Birnbaum’s article has been efficacious in bringing about both these court decisions and changes in statutory laws, I do want to examine Birnbaum’s article and some of the opinions for three cases: Wyatt v. Stickney (1972), Wyatt v. Aderholt (1974), and O’Connor v. Donaldson (422 US 563, 1975), in an effort to understand both the significance of these changes in our laws and the underlying philosophical and ethical notions of which they are an expression. Birnbaum observed that the notable feature of the legal situation at the time was that there had not been recognized a constitutional requirement that one who had been institutionalized for mental illness according to due process must receive treatment. Birnbaum argued that the effects of an omission of such a requirement to treat were that mental institutions typically offered only custodial care, that patients who were held only under custodial care typically did not improve, and that the result was that involuntary incarceration in a mental institution was, at least from the point of view of the patient, functionally no different than would be imprisonment for an unspecified period of time. Birnbaum argued for a recognition and enforcement in the courts of the right to treatment “...as a necessary and overdue development of our present concept of due process of law,” i.e., as required by the 14th Amendment to the U.S.. (shrink)

Consider a binary afterlife, wherein some people go to Heaven, others to Hell, and nobody goes to both. Would such a system be just? Theodore Sider argues: no. For, any possible criterion of determining where people go will involve treating very similar individuals very differently. Here, I argue that this point has deep and underappreciated implications for moral philosophy. The argument proceeds by analogy: many ethical theories make a sharp and practically significant distinction between persons and non-persons. Yet, just like (...) in the binary afterlife, this involves treating very similar individuals very differently. I propose two ways out. The first is to deny that such theories are strictly speaking true, but to claim that it is practically best if people adopt them. The second is to modify such theories so as to allow for continuous variation in the scope and strength of the moral obligations arising from personhood. (shrink)

There is a gap between the first-person and third-person perspectives resulting in a tension experienced between psychological science, ‘experimental psychology’, and applied consulting psychological practice, ‘clinical psychology’. This is an exploration of that ‘gap’ and its resulting tension. First-person perspective is proposed as an important aspect of psychological reality in conjunction with the related perspectival aspects of second- and third-person perspectives. These three aspects taken ‘wholistically’ constitute a perspectival diffusion grate through which psychological reality is discerned. The reductionistic naturalism of (...) scientifically apprehended reality is examined for the powerful resistances that impedite utilizing perspective in psychological investigations with consequences for our understanding of psychological reality. The impediments constructed by Quine, Sellars, Dennett, Metzinger, and cognitive psychology are all examined for their robust intractability to first-person perspective or anything that might seem similar. The conclusion suggested is that they all result from a ‘scientific near-sightedness’ of a strict naturalism. The result is that any intentionally dependent objects that are real in the lives of persons are eliminated as not real with no ontological significance. The assertion is that ordinary things such as car keys and employment are real and are ontologically significant. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...) ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)