I am a person. But am I fundamentally and essentially a person? The animalist says no. So must the phenomenal continuity theorist, or so I will argue. Even if, contra animalism, we cannot survive zombification, being a subject of experience is not sufficient for being a person, and phenomenal continuity is not sufficient for our survival as the same person over time. These observations point the way to a positive account of personhood, and provide further insight into the conditions (...) under which literal survival preserves what matters. (shrink)

The concept of person is integral to bioethical discourse because persons are the proper subject of the moral domain. Nevertheless, the concept of person has played no role in the prevailing formulation of human death because of a purported lack of consensus concerning the essential attributes of a person. Beginning with John Locke's fundamental proposition that person is a ‘forensic term’, I argue that in Western society we do have a consensus on at least one necessary condition for (...) class='Hi'>personhood, and that is the capacity for conscious experience. When we consider the whole brain formulation of death, and the most prominent defense of it by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, we can readily identify the flaws that grow out of the failure to define human death as the permanent loss of the capacity for conscious experience. Most fundamental among these flaws is a definition of human death that reduces persons to the capacity of the brain to regulate purely physiological functioning. Such a formulation would, in theory, apply to any member of the animal kingdom. I suggest that an appropriate concept of death should capture what it is about a particular living being that is so essential to it that the permanent loss of that thing constitutes death. What is essential to being a human being is living the life of a person, which derives from the capacity for conscious experience. (shrink)

On 6 September 1966, the prime minister of South Africa, Dr HF Verwoerd was killed by Mr Tsafendas, a Portuguese national of Greek descent, in parliament by stabbing him in the chest. Mr Tsafendas was a messenger in parliament. At the enquiry trial of Mr Tsafendas, he was found unfit to stand trial on the ground that he suffered from schizophrenia. The psychiatric evidence during the enquiry trial was reviewed and discussed under the following headings: Diagnosis of schizophrenia; Consideration of (...) cultural factors in forensic psychiatric settings; Delusional infestation v. extreme overvalued beliefs; Simulation of psychosis; Ethical considerations in criminal capacity and trial competency assessments. Lessons from the Mr Tsafendas enquiry trial for forensic psychiatrists where a defendant previously diagnosed with schizophrenia commits a prominent political murder, are summarised. It is emphasised that the personhood of an accused referred for forensic observation should be respected and protected, instead of focusing exclusively on a specific diagnosis. (shrink)

Identity questions might arise in dealing with someone with dissociative identity disorder (DID) who seems to exhibit several distinct personalities. They also arise in the four case studies we are asked to consider (see record 2009-18001-003). Each of these cases describes a human being who changes in such fundamental ways that it is natural to ask whether we are dealing with the same person throughout his story. These identity questions cannot be answered by learning more facts about human bodies, because (...) the sameness of the human being is not at issue. With these questions of identity, it is not immediately obvious how to go about resolving them. My primary goal in this chapter is to get clearer on how these kinds of question can be addressed. I begin by suggesting that the questions of personal identity that arise in cases such as DID and our case studies are concerned with what I call forensic personal identity. This is the notion of personal identity that underlies important practical issues concerning moral responsibility and entitlement. After defining the notions of forensic personal identity and forensic personhood, I briefly discuss the way in which the four case studies raise questions about these concepts. Next I sketch my account of forensic personal identity, which I call the narrative self-constitution view, and show how this view can be fruitfully applied to the specific questions raised by the case studies. (shrink)

Theory from the south -- On personhood : a perspective from Africa -- Liberalism, policulturalism, and ideology : thoughts on citizenship and difference -- Nations with/out borders : the brave neo world and the problem of belonging -- Postcolonial politics and discourses of democracy : an anthropological take on African political modernities -- History on trial : memory, evidence, and the forensic production of the past -- Alien-nation : zombies, immigrants, and millennial capitalism -- Beyond bare life : (...) AIDS, (bio)politics, and the neo world order. (shrink)

In her paper, Ladelle McWhorter offers a genealogical account of the historical entanglement between the concepts of moral and legal personhood, which introduces a new level of complexity to contemporary debates concerning corporate personhood. In this commentary, I discuss the insights of McWhorter's genealogical analysis and pose two sets of questions concerning the ontological status of corporate personhood and the potential practical difficulties surrounding the creation of non-forensic, corporate entities. Particularly, I emphasize the intimate, historical relationship (...) between legality and corporation, and consider its effects on the ontological and practical possibilities of corporations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is rooted (...) in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

I offer an interpretation of John Locke’s account of persons and personal identity that gives full credit to Locke’s claim that “person” is a forensic term, sheds new light on the relation between Locke’s characterizations of a person in sections 9 and 26, and explains how Locke links his moral and legal account of personhood to his account of personal identity in terms of sameness of consciousness. I show that Locke’s claim that sameness of consciousness is necessary for (...) personal identity depends on two components: first, his particular moral and legal conception of a person and, second, his particular understanding of the conditions of just accountability for past actions. Had Locke given a different account of personhood, or thought differently about the conditions of just accountability, he might have given a nonpsychological account of personal identity. (shrink)

Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is ever morally permissible, it is permissible as (...) a response to evil. Call this the Punishment as a Response to Evil thesis, or PRE. If capital punishment is not morally permissible as a response to evil, then, according to PRE, it is not morally permissible, period. PRE admits of at least two different readings: on the first, if capital punishment is ever morally justified it is justified as a punishment for evil crimes; on the second, if capital punishment is ever morally justified it is justified as a punishment for evil people. While this first version of PRE has found advocates in both philosophy and forensic psychiatry, I argue against this first reading of PRE and for the second. To secure this conclusion I appeal to an account of evil and evil personhood that I have developed elsewhere. (shrink)

This article empirically analyzes how victims’ remains were recovered, identified, repatriated, and retained after the World Trade Center terrorist attacks of September 11, 2001. It does so by asking the question whose body is it. This question brings to the fore issues related to personhood and ownership: how are anonymous and unrecognizable bodily remains given back an identity; and who has ownership of or custody over identified and unidentified human remains? It is in this respect that the article engages (...) with technoscientific and legal, or “technolegal,” trajectories of human remains in the wake of the WTC tragedy. By using the metaphor of “materialization,” it becomes possible to trace how remains are forensically identified and implicated in legal regimes. “Technolegal materialization” as a concept and methodological sensitivity contributes to the current “actor-network theory” -inspired legal scholarship, which tends to focus on legal practices in courtrooms but not those beyond them. In this article, 9/11 victims’ remains are followed from “Ground Zero” to the forensic laboratory and beyond and articulates five instances of technolegal materialization of bodily remains and their past and contemporary existences. (shrink)

According to Ruth Boeker, her account is unusual in "distinguishing Locke's account of personhood from his account of personal identity," which allows her to make sense of "both his claim that 'person' is a forensic term and his claim that personal identity consists in the same consciousness". In her emphasis on the connection between personhood and responsibility, Boeker's position is like the one advanced in Galen Strawson's recent book, but where Strawson emphasizes the connection between personality and (...) responsibility in this life, Boeker emphasizes it in the life to come. According to her... (shrink)

Building on the account of a pattern-theory of self introduced by Shaun Gallagher, this article investigates the unique role of the narrative dimension of the self within the self-pattern. According to a pattern-theory, the self is constituted by a cluster of dimensions that interact with each other. A particular variation of this pattern constitutes a self. This article advances the argument that for selves who narrate, the narrative dimension of the self takes a special role that cuts across the other (...) dimensions. First, the pattern-theory of self is introduced and a conceptual and ethical argument for employing a pattern-theory is developed. Second, the distinct role of the narrative dimension of the self is analysed. Through the narrative dimension of the self, we engage in self-definition, integrate and connect the other dimensions of the self, make them intelligible, and ascribe personal meaning to them. And third, the narrator type of self is characterized. Organizing one’s experiences through a self-narrative changes the self. Narrators constitute a unified self, they can actively plan and lead a life and engage in forensic practices, and they integrate the subjective and objective nature of the self. (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)

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)

African understandings of personhood are complex, with different accounts emphasizing distinct aspects of what it means to be a person. Some accounts stress excellence of character and performing well in social roles and relationships, while others focus on innate moral qualities of individuals independent of their conduct and character. This paper sheds new light on these twin aspects of personhood. It proposes a way to navigate these dual features by bringing African and Western personhood into conversation, building (...) on the strengths of each approach, and developing a new view of personhood that we call, Emergent Personhood. Section 1 introduces diverse approaches to personhood within African thought. Section 2 compares African and Western approaches. Section 3 evaluates advantages and disadvantages of each and identifies conditions that any account of personhood must meet to leverage the advantages and avoid the disadvantages identified. Section 4 introduces Emergent Personhood, which meets these conditions. Section 5 concludes that expanding the conversation about personhood across cultures enriches an ongoing conversation about what it means to be a person. (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)

Forensic science and its influence on policing and the criminal justice system have increased since the beginning of the twentieth century. While the philosophies of the forensic science pioneers remain the pillar of modern practice, rapid advances in technology and the underpinning sciences have seen an explosion in the number of disciplines and tools. Consequently, the way in which we exploit and interpret the remnant of criminal activity are adapting to this changing environment. In order to best exploit (...) the trace, an interdisciplinary approach to both research and investigation is required. In this paper, nine postdoctoral research fellows from a multidisciplinary team discuss their vision for the future of forensic science at the crime scene, in the laboratory and beyond. This paper does not pretend to be exhaustive of all fields of forensic science, but describes a portion of the postdoctoral fellows’ interests and skills. (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)

Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand (...) College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty. (shrink)

The results of forensic science are believed to be reliable, and are widely used in support of verdicts around the world. However, due to the lack of suitable empirical studies, we actually know very little about the reliability of such results. In this paper, I argue that phenomena analogous to the main culprits for the replication crisis in psychology are also present in forensic science. Therefore forensic results are significantly less reliable than is commonly believed. I conclude (...) that in order to obtain reliable estimates for the reliability of forensic results, we need to conduct studies analogous to the large-scale replication projects in psychology. Additionally, I point to some ways for improving the reliability of forensic science, inspired by the reforms proposed in response to the replicability crisis. (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)

The modern doctor-patient relationship displays a patient-centred, mutual-participation characteristic rather than the former active-passive or guidance-cooperation models in terms of medical decision making. Respecting the wishes of patients, amounting to more than mere concern for their welfare, has become the feature central to certain modern bioethics theories. A group of ethical principles such as respect for autonomy, beneficence, non-maleficence, and justice has been proposed by bioethicists and widely adopted by many medical societies as an ethical guide to how doctors, in (...) their daily practice, should treat their patients. However, seeing patients as persons who are rational, self-conscious beings capable of valuing their own lives, and who are consequently entitled to the liberty and rights to choose for themselves, is in general the backbone of Western bioethical principles.Since Confucian philosophy has long been a representative of the East-Asia cultural tradition and Confucian bioethics has recently been developed as a theory of applied ethics, examining Confucius's idea of “persons” may shed some light on the current bioethical debates. Confucius's concept of persons, which is best interpreted via his theories of “chun-tze”, (the morally ideal person) encapsulating a two-dimensional approach, (the “autonomous person” and the “relational person”), provides a more comprehensive model regarding what a person is and how he/she should be treated. This two-dimensional approach sees a person not only as a rational, autonomous agent but also as a relational, altruistic identity whose self actualisation involves incessant participating in and promoting of the welfare of his fellow persons. Hence this may balance the current bioethical trend whereby “respect for autonomy” often triumphs. (shrink)

Twentieth century philosophers such as Simondon and Heidegger propose theories of subjectivation that inform our thinking about the definition of personhood and how it arises; including in the potentially wide-ranging context of personhood beyond the human. Simondon’s theory of transindividuation unfolds as a series of decenterings that provides a context for future persons that is a dynamic world of processes without fixity or attachment to any one kind of subject. Subjects participate in but do not cause individuation; and (...) they exist on a spectrum of capacity for action with other living beings including animals; human persons; and possibly a variety of future persons. The role of collectivity in the form of the other has been an important aspect of individuation; however I claim that the function of alterity need not be provided exclusively by a self-similar subject. Philosophical individuation theories serve as a foundation for an approach that opens up greater possibility for individuation in the context of future persons by identifying and alternatively fulfilling the underlying functionality required by individuation. (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)

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.

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

Managing aggression in mental health hospitals is an important and challenging task for clinical nursing staff. A majority of studies focus on the perspective of clinicians, and research mainly depicts aggression by referring to patient-related factors. This qualitative study investigates how aggression is communicated in forensic mental health nursing records. The aim of the study was to gain insight into the discursive practices used by forensic mental health nursing staff when they record observed aggressive incidents. Textual accounts were (...) extracted from the Staff Observation Aggression Scale-Revised (SOAS-R), and Fairclough’s Critical Discourse Analysis was used to identify short narrative entries depicting patients and staffs in typical ways. The narratives contained descriptions of complex interactions between patient and staff that were linked to specific circumstances surrounding the patient. These antecedents, combined with the aggression incident itself, created stereotyping representations of forensic psychiatric patients as deviant, unpredictable and dangerous. Patient and staff identities were continually (re)produced by an automatic response from the staff that was solely focused on the patient’s behavior. Such response might impede implementation of new strategies for managing aggression. (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)

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)

: In this paper, I consider objections to advance directives based on the claim that there is a discontinuity of interests, and of personal identity, between the time a person executes an advance directive and the time when the patient has become severely demented. Focusing narrowly on refusals of life-sustaining treatment for severely demented patients, I argue that acceptance of the psychological view of personal identity does not entail that treatment refusals should be overridden. Although severely demented patients are morally (...) considerable beings, and must be kept comfortable whilst alive, they no longer have an interest in receiving life-sustaining treatment. (shrink)

This book is a critical examination of the philosophical and moral issues in relation to human enhancement and the various related medical developments that are now rapidly moving from the laboratory into the clinical realm. In the book, the author critically examines technologies such as genetic engineering, neural implants, pharmacologic enhancement, and cryonic suspension from transhumanist and bioconservative positions, focusing primarily on moral issues and what it means to be a human in a setting where technological interventions sometimes impact strongly (...) on our humanity. The author also introduces the notion that death is a process rather than an event, as well as identifies philosophical and clinical limitations in the contemporary determination of brain death as a precursor to organ procurement for transplantation. The discussion on what exactly it means to be dead is later applied to explore philosophical and clinical issues germane to the cryonics movement. Written by a physician/ scientist and heavily referenced to the peer-reviewed medical and scientific literature, the book is aimed at advanced students and academics but should be readable by any intelligent reader willing to carry out some side-reading. No prior knowledge of moral philosophy is assumed, as the various key approaches to moral philosophy are outlined early in the book. (shrink)

This book is a penetrating analysis of the forensic mental health system - how it operates, the people involved, the problems inherent in the system, and the huge ethical dilemmas. It brings together a range of specialists, who describe the processes involved in dealing with a mentally disordered offender - from their own unique perspective.

This book offers a rich variety of thoughtful explorations on the nature of the human person especially as related to health care, medicine, and mental health. Rarely are so many different viewpoints collected in one place about the intriguing puzzle that is the concept of person, human dignity, and the special place human beings hold in the goals of healing and the social structures of medical delivery. Ramifications of the theory of personhood are presented for bioethics, genetics, individuality, uniqueness, (...) international law, feminism, and human rights in health care. Intended for professionals in the fields of philosophy of medicine, law, and bioethics, this book will also appeal to psychologists and medical anthropologists. (shrink)

The Division of Investigative Oversight within the U.S. Office of Research Integrity (ORI) is responsible for conducting oversight review of institutional inquiries and investigations of possible research misconduct. It is also responsible for determining whether Public Health Service findings of research misconduct are warranted. Although ORI findings rely primarily on the scope and quality of the institution’s analyses and determinations, ORI often has been able to strengthen the original findings by employing a variety of analytical methods, often computer based. Although (...) ORI does not conduct inquiries or investigations, it has broad authority to provide assistance to institutions at all stages of their reviews of allegations. This assistance can range from providing advice on best practices, to legal assistance, to suggestions for how best to investigate specific allegations. When asked, ORI can also conduct certain forensic analyses, such as a statistical examination of questioned digits or a simple examination of a questioned figure in Photoshop. ORI will not provide opinions or render judgment on such analyses while the institution is still conducting its investigation. Such analyses can be done without knowing much else about the case. (shrink)

Occasional reports in the literature suggest that biological samples collected and stored for scientific research are sometimes accessed and used for a variety of forensic purposes. However, donors are almost never informed about this possibility. In this paper we argue that the possibility of forensic access may constitute a relevant consideration at least to some potential research subjects in deciding whether to participate in research. We make the suggestion that if some type of forensic access to research (...) collections is likely to be perceived by the subjects as a reason against donating their biological materials, there are good ethical reasons to make this type of access impossible or at least severely restricted. We also provide an ethical argument for the claim that, if a total ban on this type of forensic access cannot be achieved, potential research subjects should be informed about the extent to which this type of forensic access is possible. (shrink)

In this essay I craft a procedure for evaluating claims of moral personhood that would allow us to answer ethical questions raised by issues like abortion, animal rights, artificial intelligence, etc. I focus specifically on the abortion debate as a case study for applying my procedure. I argue that our moral instincts have evolved to promote group cohesion, a necessary prerequisite of which is reliable identification of other group members. These are “persons” in the moral sense of the word. (...) However, while our moral intuitions may be good at picking out paradigmatic instances of moral persons, peripheral or putative instances of this category are a matter of intense debate. Further, I show that the attempt to clarify the boundaries of moral personhood by appealing to physical traits—what I characterize as the equation of moral personhood with ontological personhood—does not actually resolve the underlying ambiguity, nor does it answer the moral question why we ought to recognize moral rights in the first place. I argue instead for a three pronged inquiry that asks whether the entity in question is capable of articulating its own entitlement to moral consideration; if not, whether recognizing it as a moral person would facilitate the recognition of more paradigmatic instances of moral persons, or whether the failure so to recognize it would impede the recognition of more paradigmatic instances of moral persons; and whether the entity’s moral personhood can be recognized without cancelling or substantially burdening the moral rights of paradigmatic instances of moral persons. I argue that, applying this test, abortion is morally permissible, at least in the early stages of pregnancy when the vast majority of abortions occur anyway. (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)

Why is recognition of such an importance for humans? Why should lack of recognition motivate people to fight or work for recognition? In this article, I first discuss shortly Axel Honneth's psychologizing strategy for answering these questions, and suggest that the psychological harms of lack of recognition pointed out by Honneth are neither sufficient nor necessary for motivation to fight or work for recognition to arise. According to the alternative that I then spell out, recognition and lack of it are (...) so intimately intertwined with some of the most fundamental and intuitively appealing facts about what it is to be a person in a full-fledged sense — arguably in any culture — that there are reasons to be optimistic about a more or less universal existence of latent motivation to fight or work for more or more equal recognition. (shrink)

For caregivers of minimally communicative individuals, providing support in the absence of clearly meaningful responses is ethically fraught. We conducted a secondary analysis of qualitative data from caregivers of individuals who are minimally communicative, including persons with advanced dementia and individuals in disorders of consciousness. Our analysis led to two central claims: (1) Personhood is a threshold concept that is situated, relational, and dynamic and (2) in circumstances in which personhood is difficult to judge, caregivers can “fill the (...) gap” to reach the threshold through a repertoire of strategies. Because personhood is in part an attribution from others, a situational loss of personhood does not preclude restoration, nor does it eliminate moral status. (shrink)

The aim of this discussion paper is to explore factors and contexts that influence how nurses might conceptualise and assign personhood for people with altered consciousness, cognition and behaviours. While a biomedical framing is founded upon a dichotomy between the body and self, such that the body can be subjected to a medical and objectifying gaze, relational theories of self, multiculturalism and technological advances for life‐sustaining interventions present new dilemmas which necessitate discussion about what constitutes personhood. The concept (...) of personhood is dynamic and evolving: where historical constructs of rationality, agency, autonomy and a conscious mind once formed the basis for personhood, these ideas have been challenged to encompass embodied, relational, social and cultural paradigms of selfhood. Themes in this discussion include: the right to personhood, mind–body dualism versus the embodied self; personhood as consciousness, rationality and narratives of self; social relational contexts of personhood and cultural contexts of personhood. Patricia Benner's and Christine Tanner's clinical judgement model is then applied to consider the implications for nursing care that seeks to reflexively incorporate personhood. Nurse clinicians are able to move between conceptions of personhood and act to support the body, as well as presumed autonomy and relational, social and cultural personhood. In doing so, they use analytical, intuitive and narrative reasoning which prioritises autonomous constructions of self. They also incorporate relational and social contexts of the person receiving care within the possibilities of technological advances and constraints of contextual resources. (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)