In the first part of this article, I argue that even those entities that in their own right and for their own sake give us reason not to destroy them and to help them are sometimes substitutable for the good of other entities. In so arguing, I consider the idea of being valuable as an end in virtue of intrinsic and extrinsic properties. I also conclude that entities that have claims to things and against others are especially nonsubstitutable. In the (...) second part, I argue that cloning poses no threat to the nonsubstitutability of these entities (and in this sense, to the dignity of persons). I also consider the relation between cloning and (what I called) holistic identity, and between the latter and genetic identity. In the concluding part of the article, I try to distinguish cases where identity over time and so-called person-affecting acts have and do not have greater moral significance than nonidentity over time and nonperson-affecting acts. I try to apply my results to cases involving embryos, future generations, and to the so-called Non-Identity Problem. (shrink)

This article begins with an introduction to the biology behind embryonic stem cell research. Next it presents briefly four views of moral status, based on four different criteria: biological humanity, personhood, possession of interests, and having a future-like-ours. On two of these views, embryos clearly lack moral status, but they most likely do not have moral status on the FLO account either. Only the biological humanity criterion combined with the view that life begins at (...) conception results in the conclusion that very early extracorporeal embryos have full moral status, making ESC research that destroys embryos morally wrong. This explains why even some who are anti-abortion are not against ESC research: they do not view the very early, extracorporeal embryo as having the same moral status as the fetus. (shrink)

There is a significant debate over the moral status of human embryos. This debate has important implications for practices like abortion and IVF. Some argue that embryos have the same moral status as infants, children, and adults. However, critics claim that the frequency of pregnancy loss/miscarriage/spontaneous abortion shows a moral inconsistency in this view. One line of criticism is that those who know the facts about pregnancy loss and nevertheless attempt to conceive children are willing (...) to sacrifice embryos lost for the healthy children they ultimately have. I respond to this criticism and argue that on the most plausible accounts of well-being, these embryos are not made worse off and thus not “sacrifices.” I then make some more general remarks about what people’s typical views about pregnancy loss show about their views toward the moral status of embryos. (shrink)

The argument from potentiality for embryo protection relies on the assumption of a specific developmental potential of human embryos: as human embryos under normal conditions naturally developing into beings whose strong moral status is uncontroversial, namely into human persons, they likewise enjoy strong moral status. In my paper, I endeavour to spell out the ontological foundations of the argument from potentiality and to discuss them critically in the light of new empirical findings in embryology. Particular (...) attention is hereby paid to recent attempts to analyse the relevant notion of potentiality in terms of dispositions possessed by human embryos. I argue that, putting aside inappropriate essentialist speculations, there is no straightforward disposition of an embryo to become a person; such a disposition, if any, being rather successively generated in a multi-factored, highly context-sensitive process of biological development. (shrink)

It is plausible that in the future synthetic DNA (synDNA) technology could enable the creation of non-viable embryos for research, potentially bypassing ethical objections to embryo experimentation. This article explores how the technology might work, the ethical concerns it might mitigate, and the challenges that remain.

Moral dilemmas can arise from uncertainty, including uncertainty of the real values involved. One interesting example of this is that of experimentation on human embryos and foetuses, If these have a moral stauts similar to that of human persons then there will be server constraitns on what may be done to them. If embryous have a moral status similar to that of other small clusters of cells, then constraints will be motivated largely by consideration for the (...) persons into whom the embryos may develop. If the truth lies somewhere between these two extremes, the embryo having neither the full moral weight of persons, nor a completely negligible moral weight, then different kinds of constraints will be appropriate. On the face of it, in order to know what kinds of experiements, if any, we are morally justified in performing on embryos we have to know what the moral weight of the embryo is. But then an impasse threatens, for it seems implausible that we can settle with certainty the exact moral status of the human embryo. It is the purpose of this paper to show that moral uncertainty need not make rational moral justification impossible. I develop a framework which distinguishes between what is morally right/wrong, and what is morally justified/unjustified, and applies standard decision theoretic tools to the case of moral uncertainties. (This was the first published account of what has subsequently become known as Expected Moral Value Theory. An earlier version of the paper, "A decision theoretic argument against human embryo experimentation", was published in M. Fricke (ed.), Essays in honor of Bob Durrant. (University of Otago Press, 1986) 111-27.). (shrink)

This chapter contains sections titled: What is Moral Status? The Moral Agency Theory The Genetic Humanity Theory The Sentience Theory The Organic Life Theory Two Relationship‐based Theories Combining these Criteria Principles of Moral Status Human Zygotes, Embryos, and Fetuses Are All Animals Equal? Machines and Artificial Life‐forms Conclusion.

A crucial question in reproductive ethics is whether a human being’s life begins at conception – if it does not, it is more difficult to argue that early embryos possess substantial moral status. I...

Calum Miller recently argued that a commitment to a very modest form of egalitarianism—equality between non-disabled human adults—implies fetal personhood. Miller claims that the most plausible basis for human equality is in being human—an attribute which fetuses have—therefore, abortion is likely to be morally wrong. In this paper, I offer a plausible defence for the view that equality between non-disabled human adults does not imply fetal personhood. I also offer a challenge for Miller’s view.

It seems obvious that phenomenally conscious experience is something of great value, and that this value maps onto a range of important ethical issues. For example, claims about the value of life for those in a permanent vegetative state, debates about treatment and study of disorders of consciousness, controversies about end-of-life care for those with advanced dementia, and arguments about the moral status of embryos, fetuses, and non-human animals arguably turn on the moral significance of various facts (...) about consciousness. However, though work has been done on the moral significance of elements of consciousness, such as pain and pleasure, little explicit attention has been devoted to the ethical significance of consciousness. In this book Joshua Shepherd presents a systematic account of the value present within conscious experience. This account emphasizes not only the nature of consciousness, but the importance of items within experience such as affect, valence, and the complex overall shape of particular valuable experiences. Shepherd also relates this account to difficult cases involving non-humans and those with disorders of consciousness, arguing that the value of consciousness influences and partially explains the degree of moral status a being possesses, without fully determining it. The upshot is a deeper understanding of both the moral importance of phenomenal consciousness and its relations to moral status. This book will be of great interest to philosophers and students of ethics, bioethics, philosophy of psychology, philosophy of mind and cognitive science. (shrink)

Chapters One through Three present the following view: I explain moral status as follows: something has moral status just in case we have, reasons not to cause harms to it simply in virtue of the badness of the harms for it. Moral status is not a matter of degree. A living thing has moral status just in case it is ever conscious. If something has moral status, then the strength of (...) a moral reason not to harm it is proportional to the severity of the harm. ;In this view, all humans and animals that are ever conscious have moral status. Future consciousness is sufficient for present moral status. An embryo of any species that will actually be conscious in the future, presently has moral status. Living humans who were conscious but are not and never will be again do have moral status. Any being that dies before it is ever conscious lacks moral status, regardless of its potential. Mere potentiality to be a person is not sufficient for moral status. However, a being's potential future affects the severity of certain harms. There are stronger reasons to avoid causing the deaths of humans than to avoid causing the deaths of cats, because humans lose more in death than cats do. ;Chapters One through Three present the above view. I argue that this view can resolve certain apparent tensions within two different attractive combinations of views, and on this basis I argue that the above view should be adopted. ;Chapter Four, "Can We Harm and Benefit in Creating?" proposes a solution to the puzzle of actions that appear to be wrong in virtue of harming a particular individual, but where the individual would not have existed if the action had not been performed, so the individual is not made worse off by the action. ;Chapter Five, "Ethics Without Ethical Theory," defends part of the methodology of Chapters One through Four by defending the view that we can justifiably reach important substantive ethical conclusions without commitment to a particular ethical theory, or to a particular meta-ethical view. (shrink)

Some people (e.g., Drs. Paul and Susan Lim) and, with them, organizations (e.g., the National Embryo Donation Center) believe that, morally speaking, the death of a frozen human embryo is a very bad thing. With such people and organizations in mind, the question to be addressed here is as follows: if one believes that the death of a frozen embryo is a very bad thing, ought, morally speaking, one prevent the death of at least one frozen (...) class='Hi'>embryo via embryo adoption? By way of a three‐premise argument, one of which is a moral principle first introduced by Peter Singer, my answer to this question is: at least some of those who believe this ought to. (Just who the “some” are is identified in the paper.) If this is correct, then, for said people, preventing the death of a frozen embryo via embryo adoption is not a morally neutral matter; it is, instead, a morally laden one. Specifically, their intentional refusal to prevent the death of a frozen embryo via embryo adoption is, at a minimum, morally criticizable and, arguably, morally forbidden. Either way, it is, to one extent or another, a moral failing. (shrink)

Many controversies in bioethics turn on questions of moral status. Some moral status issues have received extensive bioethical attention, including those raised by abortion, embryo experimentation, and animal research. Beyond these established debates lie a less familiar set of moral status issues, many of which are tied to recent scientific breakthroughs. This review article surveys some key developments that raise moral status issues, including the development of in vitro brains, part-human animals, (...) “synthetic” embryos, and artificial womb technologies. It introduces the papers in this Special Issue, contextualises their contributions to the moral status literature, and highlights some enduring challenges of determining the moral status of novel types of beings. (shrink)

Response to Mark Weinstein's "Reason and the Child." Questions the connection between "rationality" and children's moral status.

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ (...) In this paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

This paper offers several criticisms of the account of rightholding laid out in S. Matthew Liao’s recent paper “The Basis of Human Moral Status.” I argue that Liao’s account both does too much and too little: it grants rightholder status to those who may not deserve it, and it does not provide grounds for offering such status to those who arguably do deserve it. Given these troubling aspects of his approach, I encourage Liao to abandon his (...) “physical basis of moral agency” account of moral status and instead adopt a position closer to a traditional “speciesist” view. (shrink)

If we were required to sacrifice our own interests whenever doing so was best overall, or prohibited from doing so unless it was optimal, then we would be mere sites for the realisation of value. Our interests, not ourselves, would wholly determine what we ought to do. We are not mere sites for the realisation of value — instead we, ourselves, matter unconditionally. So we have options to act suboptimally. These options have limits, grounded in the very same considerations. Though (...) not merely such sites, you and I are also sites for the realisation of value, and our interests (and ourselves) must therefore sometimes determine what others ought to do, in particular requiring them to bear reasonable costs for our sake. Likewise, just as my moral status grounds a requirement that others show me appropriate respect, so must I do to myself. (shrink)

Protestant documents conceming the status of the human embryo are empirically founded on biological observations and their interpretation. In Germany the beginning of individual human life is the end of the pre-core-state, the British embryo begins at the end of phase of possible sp1itting into twins. Both argue that the once manifest human embryo carries the full human dignity. As definitions thus no Ionger can plead innocent, additional factors of the argument have to be revealed.

In this chapter, I review some of the background thinking concerning matters of moral status that I had developed in previous years and that I would now bring to the work of the Human Embryo Research Panel. Two ideas were at the forefront of my thinking. First, that biology usually offers not decisive "events" but only continuous processes of development. Second, in making status determinations we do not so much "identify" a point on a developmental continuum (...) where moral respect should be accorded as "choose" that point. These choices are "balancing decisions" in which the community of moral agents weighs its interests in protecting an entity against the burdens of doing so. After illustrating these two contentions, I consider some of the reasons why thinkers on the "right" and "left" of our bioethics debates have resisted or missed this basic insight. (shrink)

The Southern Journal of Philosophy, Volume 60, Issue 1, Page 88-117, March 2022.

Starting from a distinction between intrinsic and final value, I explore the implications of the supervenience of final value on extrinsic properties regarding moral status. I make a case for ‘extrinsic moral status’ based on ‘extrinsic final value’. I show that the assumption of ‘moral individualism’, that moral status supervenes merely on intrinsic properties, is misguided, and results from a conflation of intrinsic with final value. I argue that at least one extrinsic property, (...) namely vulnerability, can be the basis of both final value and moral status, and that dependence on such extrinsic properties is compatible with the requirement of agent-neutrality. (shrink)

The main objection to human embryonic stem cell research is that it involves killing human embryos, which are essentially beings of the same sort that you and I are. This objection presupposes that we once existed as early embryos and that we had the same moral status then that we have now. This essay challenges both those presuppositions, but focuses primarily on the first. I argue first that these presuppositions are incompatible with widely accepted beliefs about both assisted (...) conception and monozygotic twinning. I then argue that we never existed as embryos. If this last claim is right, killing an embryo does not kill someone like you or me but merely prevents one of us from existing. (shrink)

I show that an overlooked feature of our moral life—moral status—provides a route to vindicating naturalist moral realism in much the same way that the Humean theory of motivation and judgment internalism are used to undermine it. Moral status presents two explanatory burdens for metaethical views. First, a given view must provide an ecumenical explanation of moral status, which does not depend on the truth of its metaethical claims (say, that there are (...) mind-independent facts about moral status). Second, its explanation must be consistent with persistent normative ethical disagreement about what constitutes moral status. I conclude that naturalist moral realism succeeds, while quasi-realism fails because it cannot meet the latter requirement. This argument has three results: we have a new route for metaethical vindication more generally and for naturalist moral realism in particular; quasi-realism's plausibility is undermined by an inability to explain disagreement, but not for the familiar reasons. (shrink)

Mary Anne Warren investigates a theoretical question that is at the centre of practical and professional ethics: what are the criteria for having moral status? That is: what does it take to be an entity towards which people have moral considerations? Warren argues that no single property will do as a sole criterion, and puts forward seven basic principles which establish moral status. She then applies these principles to three controversial moral issues: voluntary euthanasia, (...) abortion, and the status of non-human animals. (shrink)

Advancement in science may represent a headway in procreation, but ethicists and theologians have anxieties about the future uses of such procreative technologies. The procreative advancement often involves the use of a human embryo. There is widespread moral and theological disarray concerning the use of embryos. The Hindu ethics presented in this chapter presumes the sanctity of human life of all sentient beings. The Hindu belief does not recognize that a human embryonic formation is an inconsequential and hence (...) discardable tissue, nor is it a developed adult being. Destroying an embryo is said to incur karmic consequences in Hindu thought. This being so, Hindu ethics would object to the creation of embryos and foetuses for the sole purpose of experimentation. The chapter focuses on the ramifications of Hindu ethics with respect to its application to interventionist or intrusive embryonic research and of debates thereto. (shrink)

My contention is that virtue ethics offers an important critique of traditional philosophical conceptions of moral status as well as an alternative view of important moral issues held to depend on moral status. I argue that the scope of entities that deserve consideration depends on our conception of the demands of virtues like justice; which entities deserve consideration emerges from a moral view of a world shaped by that conception. The deepest disputes about (...) class='Hi'>moral status depend on conflicting conceptions of justice. I advocate a conception of the virtue of justice that can account for the cases that pose problems for the legalistic views of moral status and discuss what ideal moral debate looks like on this view. (shrink)

This chapter contains sections titled: References Further reading.

Should we cognitively alter animals in ways that might change their moral status? There has been some discussion of this question. For example, Chan (2009) and Chan and Harris (2001) consider whether we should radically enhance the cognitive capacities of animals, while Thompson (2008) and Shriver (2009) argue that we should in fact substantially disenhance some animals to protect them from suffering. More controversially, some have countenanced radical and possibly moral status-altering transformations of human persons. ... (...) One question relevant to all of these discussions is whether it is good for a being to have moral status; whether a being’s moral status contributes to its wellbeing or (as I take to be equivalent) has prudential value for that being. (shrink)

Many people believe that all human life is of equal value. Most of them also believe that all human beings have a moral status superior to that of nonhuman animals. But how are these beliefs to be defended? The mere difference of species cannot in itself determine moral status. The most obvious candidate for regarding human beings as having a higher moral status than animals is the superior cognitive capacity of humans. People with profound (...) mental retardation pose a problem for this set of beliefs, because their cognitive capacities are not superior to those of many animals. I argue that we should drop the belief in the equal value of human life, replacing it with a graduated view that applies to animals as well as to humans. (shrink)

Warren’s goal is to present a ‘multi-criterial’ account of moral status—she eschews any view that holds ‘X has moral status iff X has N’ (where ‘N’ might be life, or personhood, or sentience, for example). Moral status, she asserts, is a more complex affair: it comes in degrees and there are a variety of sufficient conditions. The first part of the book (roughly three quarters of it) is devoted to outlining some standard ‘uni-lateral’ accounts, (...) criticising them in so far as they purport to provide necessary and sufficient conditions for status, but selecting the plausible parts of each to come together later in the multi-criterial account. (shrink)

On both sides of the debate on the use of embryos in stem cell research, and in reproductive technologies more generally, rhetoric and symbolic images have been evoked to influence public opinion. Human embryos themselves are described as either “very small human beings” or “small clusters of cells.” The intentions behind the use of these phrases are clear. One description suggests that embryos are already members of our community and share with us a right to life or at least respectful (...) treatment, whereas the other focuses on the differences between embryos and adult human beings with normal capacities, that is, their lack of sentience and of personal identity. The research on stem cells has been nicknamed “Frankenstein science” or presented as “research that could stop Parkinson disease.” Again, one description reminds us of scary science-fiction scenarios where the scientist is guilty of “playing God,” whereas the other description highlights the worth and potential benefits of the research outcomes. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the doctrine of double effect. I argue that this challenge fails to show that in vivo embryo loss is a mere (...) unintended side effect while in vitro embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman's three roles of intention, the distinction is still unwarranted. (shrink)

One relatively neglected challenge in ethical artificial intelligence (AI) design is ensuring that AI systems invite a degree of emotional and moral concern appropriate to their moral standing. Although experts generally agree that current AI chatbots are not sentient to any meaningful degree, these systems can already provoke substantial attachment and sometimes intense emotional responses in users. Furthermore, rapid advances in AI technology could soon create AIs of plausibly debatable sentience and moral standing, at least by some (...) relevant definitions. Morally confusing AI systems create unfortunate ethical dilemmas for the owners and users of those systems, since it is unclear how those systems ethically should be treated. I argue here that, to the extent possible, we should avoid creating AI systems whose sentience or moral standing is unclear and that AI systems should be designed so as to invite appropriate emotional responses in ordinary users. (shrink)

I commend Mikhalevich & Powell for extending the discussion of cognition and its relation to moral status with their well researched and argued target article on invertebrate cognition. I have two small criticisms: that the scala naturae still retains its appeal to some in biology as well as psychology, and that drawing the line at invertebrates requires a bit more defense given the larger comparative cognitive-scientific context.

Nicholas Agar, Jeff McMahan and Allen Buchanan have all expressed concerns about enhancing humans far outside the species-typical range. They argue radically enhanced beings will be entitled to greater and more beneficial treatment through an enhanced moral status, or a stronger claim to basic rights. I challenge these claims by first arguing that emerging technologies will likely give the enhanced direct control over their mental states. The lack of control we currently exhibit over our mental lives greatly contributes (...) to our sense of vulnerability. I then argue moral status should be viewed in terms of vulnerability. The enhanced will slowly gain the ability to command their mental states, reducing their vulnerability. These radically enhanced beings will have greater capacities, and possibly an inner life more valuable than our own. They will also be less vulnerable, and as a result, their moral status will be subordinate to our own. (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)

The primary question to be addressed here is whether pre-implantation genetic diagnosis (PGD), used for both negative and positive trait selection, benefits potential supernumerary embryos. The phrase ‘potential supernumerary embryos’ is used to indicate that PGD is typically performed on a set of embryos, only some of which will be implanted. Prior to any testing, each embryo in the set is potentially supernumerary in the sense that it may not be selected for implantation. Those embryos that are not selected, (...) and hence destroyed or frozen, are ‘actually supernumerary’. The argument to be advanced is hypothetical: If embryos may be said to benefit or be harmed by our actions, then PGD used to select for an embryo or embryos with the highest expected Wellbeing benefits potential supernumerary embryos. The argument shows that the ‘non-identity’ problem is not sufficient to show that eugenic selection does not benefit supernumerary embryos. (shrink)

If genetic diagnosis and preimplantation selection could be employed to produce deaf children, would it be acceptable for deaf parents to do so? Some say no, because there is no moral difference between selecting a deaf embryo and deafening a hearing child, and because it would be wrong to deafen infants. It is argued in this paper, however, that this view is untenable. There are differences between the two activities, and it is perfectly possible to condone genetic selection (...) for deafness while condemning attempts to deafen infants at birth. (shrink)

In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...) an illuminating perspective on the role it plays in the egalitarian discourse of human rights. In order to preserve that relational sense regarding human dignity, we can use the notion of moral status, towhich somemoral philosophers have paid attention in recent years.I explore the possibilities of the idea of moral status to better understand the idea of human dignity and its close relationship with human rights. (shrink)

Timothy Hsiao argues that animals lack moral status because they lack the capacity for the sort of higher-level rationality required for membership in the moral community. Stijn Bruers and László Erdős have already raised a number of objections to this argument, to which Hsiao has replied with some success. But I think a stronger critique can be made. Here I raise further objections to three aspects of Hsiao's view: his conception of the moral community, his idea (...) of root capacities grounded in one's nature, and his explanation of why cruelty is wrong. I also argue that sentience is a more plausible candidate for the morally salient capacity than rationality. (shrink)

Testing embryonic cells for genetic abnormalities gives us the capacity to predict whether and to what extent people will exist with disease and disability. Moreover, the freezing of embryos for long periods of time enables us to alter the length of a normal human lifespan. After highlighting the shortcomings of somatic‐cell gene therapy and germ‐line genetic alteration, I argue that the testing and selective termination of genetically defective embryos is the only medically and morally defensible way to prevent the existence (...) of people with severe disability, pain and suffering that make their lives not worth living for them on the whole. In addition, I consider the possible harmful effects on children born from frozen embryos after the deaths of their biological parents, or when their parents are at an advanced age. I also explore whether embryos have moral status and whether the prospects for disease‐preventing genetic alteration can justify long‐term cryopreservation of embryos. (shrink)

Several states have recently adopted more restrictive abortion policies yet permit fertility clinics to create surplus IVF embryos. This essay examines this issue: Is it morally inconsistent to prohibit abortion yet permit surplus embryos to be used in fertility medicine? I consider various arguments that try to reconcile this tension. None succeed. Either one holds that embryos have full moral status, and opposes both abortion and surplus embryos, or one denies that embryos have full moral status, (...) which would permit surplus embryos to be used but would entail that some abortions should be permissible as well. (shrink)