Personhood Flashcards
1
Q
Who asks “can it be established that genetic humanity is sufficient for moral humanity?
A
Mary Anne Warren who then says NO, this isn’t sufficient
2
Q
What 5 things does Mary Anne Warren say are “central” to the concept of personhood?
A
1) Consciousness
2) Reasoning - the DEVELOPED capacity to solve problems
3) Self motivated activity
4) Capacity to communicate
5) Self concepts and self awareness
Remember this woman is on CRACS - consciousness, reasoning, activity, communicate, self awareness
3
Q
Why is Mary Anne Warren on CRACS?
A
She thinks a fetus is not a person and if opponents of abortion don’t agree there is nothing else that would convince them
4
Q
Who said “some human beings are not people and some people are not human beings”?
A
This is listed under Mary Anne Warren but may not be exclusive to her
5
Q
Who said “defective human beings with no mental capacity are not and never will be people”
A
CRACS ASS Mary Anne Warren who may not be a human being
6
Q
Who said “self is a conscious thinking thing” and that consciousness is essential for JUSTICE to be done?
A
John Locke
7
Q
What did Locke say about justice?
A
It can only be done if consciousness is present - the accused has to know he or she did it. “Perfect memory is required for divine justice”
8
Q
What did Locke say about the machinery of law?
A
People being able to operate the machinery of law makes “person” a forensic term. Tis term applies to consideration of responsibility in the same way forensic research finds proof that someone did something. A “person” who is conscious and aware would forensically be responsible for his actions.
9
Q
Rationality and caring for the self
A
John Locke - important forensic characteristics of personal identity
10
Q
Who coined the term “consciousness”?
A
Ralph Cudworth - not John Locke although the latter was big on it
11
Q
How to summarize John Locke’s position on what makes a person
A
It’s all about consciousness and continuity of their awareness, far more than physical being. Which means he would agree that brain death is death
12
Q
Who’s the “country club” guy and what does it mean?
A
Peter Carruthers. Remember the saying “If Peter (Schultzky) had his carruthers he’d be at a country club chasing women” He meant that the question of assigning “personhood” can be equated but not necessarily in a good way - criteria may be outdated or biased
13
Q
Saying to remember John Locke on personhood
A
“He’s locked in on consciousness being the key to personhood”
14
Q
What does Peter Carruthers say about who has rights?
A
It’s doubtful only humans have rights.
15
Q
What does this mean: “Personhood is foundational to morality but isn’t a moral concept” and who does it relate to?
A
Peter Carruthers. It means morality considers who is a person capable of moral agency and but in of itself personahood is not a moral concept like good or evil.
16
Q
What very important term did Peter Carruthers say about consciousness?
A
Rational agent. A person is a rational, self conscious agent. A baby isn’t a rational, self conscious agent - but it has the potential to be one therefore he concludes “a person is a rational, self conscious agent with the capacity for human emotions and ties”
17
Q
Who is the “Freedom of Will”, “second order”, “wanton”, first order desires guy?
A
Harry Frankfurt. A first order desire is something basic that a “wanton agent” can do ie I want to go get a burrito”. Second order is higher consciousness, ie “I want to be happy”
18
Q
Discuss rational wantons
A
Harry Frankfurt. Saying “Harry Frankfurter likes chicken wantons”. A “rational wanton” choose without considering desirability of desire itself, but that doesn;t make them “raitonal agents”. It takes a higher level of awareness and thouht to become a rational agent. .
19
Q
Key Harry Frankfurter statement about will versus reason
A
The essence of being a PERSON lies in the will not not the reason. “I want this, versus I understand WHY I want this”
20
Q
Key Harry Frankfurter position about rational capacity of a person
A
It is only in virtue of rational capacity that a person is capable of becoming critically aware of his own will and forming VOLUTIONS of the SECOND order. In other words, rational capacity equals awareness equals second order equals PERSON
21
Q
Who is the “simple weigher of alternatives” guy?
A
Charles Taylor. Saying “Chuck Taylor was wearing his Chuck Taylors while weighing simpletons”
22
Q
What makes a strong evaluator?
A
Chuck Taylor: one who deploys a language of evaluative contrasts ranging over desires.
23
Q
Strong evaluators use
A
Chuck Taylor, Richer language, calculations of consequences, qualitative characterization of desires
24
Q
Person is what kind of term according to philosophers
A
A moral term which contradicts Peter Carruthers
25
First philosopher who said death occurrs when spirit leaves body
Plato
26
What did Plato say about death?
It occurs when spirit leaves the body
27
Words for breath and spirit
Ruach (Hebrew) Pneuma (Greek)
28
Famous case that involves when death occurs
Grey vs Swayer Woman decapitated, man's heart stopped beating first. Court ruled he died first despite her being headless.
29
What is Pojman really saying?
It's all about what defines death.
30
Who is Bruce Tucker?
He was brain dead according to encephelogram so doctors took his organs. Then he was really dead. Brother was upset
31
What did Roland Puccetti say?
Where the brain goes, the person goes.
32
Four definitions of death under Pojman
Departure of soul
Irreversible loss of flow of vital fluids or cessation of cardiovascular pulmonary function
Whole brain death
Neocortical brain death
33
What did Dr. Henry Beecher do?
Led group at Harvard to redefine / clarify death. Came up with FOUR criteria:
1) Unreceptive/ unresponsive
2) No movement or breathing without artificial help
3) No reflexes including pupils
4) Flat encephelogram
34
Beecher said this about consciousness
It is vital to human existence. It requires thought and speech to be conscious in addition to other
35
Robert Veatch said what?
Our capacity for social interaction is part of being alive. Death means a complete change in status of living entity characterized by irreversible loss of those characteristics
36
Three parts of the brain
Cerebrum and outer layer which is the cortex
The cerebellum
The brainstem including midbrain, pons, medulla oblongata
37
The cerebrum is where
tought, memory, feelings are but unknown if consciousness is there also
38
How does the brain stay alive?
Circulating blood brings glucose and oxygen to it
39
More reasons to define death
Alleviate suffering of relatives, know when to discontinue treatment, harvest organs
40
Can we substitute a value for a fact when it comes to death?
No. Saying "life is valuable" is a value but "she is dead" is fact. We shouldn't say "he is dead because his organs are valuable" or Veatch's "essentially significant" explanation
41
David Mayo (Mayo clinic?) and David Wikler established what?
Four stages of death.
4: All systems are shut down. Cardiovascular, brain, etc. Really dead.
3) The paitent is irreversibly comotose, brain dead, but cardio still working
2) Cerebral cortex isn't working but brainstem working so person is breathing
1) Dying patient is conscious and in pain and desires to be in stage 4
42
John Noonan said
"Genetic criterion" says you're a person if you have human genes
43
Social Criterion says
You are a person when society recognizes you as one
44
Lynn Baker's main points
"Constution" which combines a body and the person and FIRST PERSON perspectives. We are "unified beings". But constitution is not identity. Spirituality is required for that.
45
What does Lynn Baker say about perspectives?
Persons have FIRST PERSON perspectives. A sense of understanding that one is a unique being. "I want to improve myself". Non human animals don't have this.
46
Who said language allows us to manifest ourselves in first person?
Lynn Baker
47
How does Lynn Baker see disabled people?
They are persons because they are human organisms and they have the CAPACITY to have a robust first person perspective
48
The constitution view says
Lynn Baker - a body cannot be separate from first person perspective if he is a person.
49
One must have the capacity for a first person perspective
To be a person
50
What does Lynn Baker point say about a required capacity?
One must have the capacity for a first person perspective to be a person
51
How would Kant view the question of when someone is a "person" relative to brain death?
Kant believed all humans have a dignity regardless of social position, rank, wealth, etc. And that dignity comes from capacity for rationality and autonomy. He would say a person has the capacity for rationality and autonomy. Therefore he would argue that a brain dead human wouldn't be a person any longer without the ability for reason or autonomy
52
How would Kant's categorical imperatives apply to abortion?
He would first ask if it could be applied universallly. There isn't unanimous agreement politically or socially on the topic so I don't see how he could argue for universality. Categorical imperative #2 - not using a person as a means to an ends, would also fail because many people cjhoose abortion to avoid having a child for whatever reason. This focuses on the ends, not the person. So it would seem that Kant would reject aibortion. However, he might not on the 2nd imperative on the basis that a fetus is not a person since it cannot apparently reason and definitely doesn't have autonomy. He might also argue the mother is the person, not the child, so focusing on the baby being born would be the outcome that doesn't value her as a person.
53
What is the moral community?
It refers to a group that has shared moral values. It can be a religion, a political group, etc.
54
What is moral agency?
An individual's capacity to make ethical decisiojs based on right and wrong.
55
What is moral standing?
The belief that a person or entity is worthy of moral consideration and treatment.
56
What is ontology?
A formal presentation of knowledge. It's also a metaethical concept since it explores the nature of being, existence and reality which are not always descritptive/normative
57
What does Peter Singer say about the key to personhood?
It's sentience which includes the ability to feel pleasure and pain. If someone doesn't, not a person.
58
What is the gradient theory?
Phases of personhood. A fetus gradually becomes more of a person.
59
What is Julian Baggini's main point?
A person is a "construct" which is the sum of many parts, physical, emotional, intellectual. A feeling of being "whole" matters
60
What does Baggini say about a "core" being?
There is no such thing even though we feel that way. You're feeling the construct instead. We are a combination of parts but there is nothing other THAN the parts - no separate "self"
61
According to Baggini, are newborns "persons" and why?
No because a person is a sum of emotional, intellectual and physical parts. An infant doesn't have a sense of time or belief systems
62
What elements does Baggini say are required to be a person?
"TMB":: Time, memory, belief.
But specific amounts of each are unclear so being a person means having a RANGE of aspects which result in intution, conclusions, title, etc.
63
Baggini also says what goes into making someone a person is:
Time, desire, sense of self, intention . But this variies. IE some people are more about beliefs than making plans (intention).
64
Do we view the concept of Superman as a person and why?
Yes because he is worthy of moral consideration.
65
What does Peter Singer say is the key for personhood?
Sentience which is the ability to feel pleasure and pain and that if a being can't then they're not a person.
66
What did Peter Singer say that probably affects his views of animal suffering?
It's wrong to cause pain to anything that can feel, but if it can't feel we do no harm by exlcuding it from personhood.
67
What does Singer say about abortion?
Most fetuses do not meet the criteria for personhood because they lack self-awarness and rationality, therefore they don't have the same moral status as persons
68
What does Singer say about newborns?
They, especially those with severe disabilities, may also not qualify as persons and in extreme cases infanticide might be morally permissable especially if it prevents suffering and does not harm a person with preferences for extended existence.
69
What tries to solve the "all or nothing" personhood views
The gradient theory
70
Key Lynn Baker point that relates to fetuses and brain dead people
A condition for CAPACITY to have a first person perspective is you have the structural properties to form one and either manifested one in the past or can develop one in the future. Therefore she's saying someone who had a first person perspective and then became brain dead still qualifies as does a fetus with the potential to develop one in the future
71
Mary Anne Warren says the moral community consists of all and only
People, rather than human beings, and the best way to demonstrate this "self evident" condition is to consider what entities are not persons
72
Which author talked about John Locke's perspectives on personhood?
William Uzgalis on Persons and Consciousness
73
What did Ralph Cudworth term?
"Consciousness"
74
What's a summary of Locke's views on personhood?
A persoon is thinking, intelligent, has reason and reflection, and can know itself.
75
Locke's view on contemplating an action
In the future we will be the SAME being who will be punished or rewarded for the course of action which we choose. This directly states that consciousness is required for justice.
76
Pojman's four definitions of death
Dparture of the soul
Irreversible loss of flow of vital fluids or cessatio of cardiopulminary function
Whole brain death
Neocortical brain death
77
What ethicist reviewed here focused on advancements in science relative to personhood?
Louis Pojman.
78
Henry Beecher's four criteria for death
Unreceptive/unresponsive
No movement or breathing w/o artifical
No reflexes including pupils
Flat encephologragm
Repeat these tests 24 hours
79
Henry Beecher said what is vital to human existence?
Consciousness which requires thought, speech. He obviously was referring to these in addition to the criteria for life (opposite of death) which all happens in the neocortex or upper brain so when that is destoyed the partient is dead
80
What did Robert Veatch say?
Our capacity for social interaction is part of being alive. Therefore death is a complete change in the status of a living entity characterized by the irreversible loss of what is significant to it. Which I interpret as saying you can't socialize if you're dead.
81
Three basic parts of the brain
Cerebrum with cortex
Cerebellum
Brainstem with midbrain, pons, medulla oblongata
82
What does the cerebrum do?
Thought, memory, feelings but maybe not consciousness which origin is unknown
83
The medulla in the brainstem controls
Breathing
84
Many think consciousness results from
Complex interactions between brainstem and cortex
85
What is it called if the cerebrum is destoyed but heart and lungs still function?
Neocortical death
86
What is it called if the brainstem and cerebrum are destroyed but the heart still beats and lungs still oxygenate?
Whole brain death, living otherwise
87
What is it called if the brainstem, cerebrum and heart are destroyed or dead?
Game over.
88
Reasons to dfine death when some aspect of the person is still alive
Mitigate suffering of loved ones
Organ harvest
Prevent or reduce financial hardships caused by care of someone incapacitated
89
Why is Veatch creating a problem when he says "essentially significant"?
He is substituting a value for a fact which can't be done for these purposes.
90
David Mayo and Daniel Wiklers' four states of the human organism relative to when to declare death
Stage 4 which is "death proper": All principal life systems inc cardiovascular, central nervous, pulmonary, stop functioning.
Stage 3: Patient is in a permanent coma because the entire brain stops functioning but cardio/pulmonary still work due to life support
Stage 2: Permanent coma due to cortex not functioning but cardio/pulmonary still working
Stage 1: Daying patient is conscious and in pain but wants to be stage 4
91
What's a catchphrase for proponents of euthanasia?
Die with dignity which is often flawed because living out one's natural life has dignity
92
What do proponents of euthanasia cite as reasons for it?
Die with dignity, no longer be a burden on others, end suffering, financial reasons
93
What do opponents of euthanasis say against it?
In conflict with human value for life
In conflict with doctor "do no harm"
Very difficult to establish specific criteria for when it could be applicable
Social pressure to do it, especially for elderly and sick
Potential for healing
Palliative care could be better
94
Mary Anne Warren's main point on abortion?
Fetuses are not "persons" and the mother's rights are greater anyway, therefore abortion should always be legal and it is moral although it could be considered distasteful at times
95
Warren says it is fallacious to say it is
wrong to kill fetuses just because it is wrong to kill innocent humans and fetuses are humans, That can only be true if "human being" means "full fledged member of the moral community" which could be called the "moral sense"
96
Warren argues that genetic humanity (Noonan) doesn't suffice for
Moral humanity and therefore automatic personhood
97
Warren says the moral community only costs of
PEOPLE
98
How would Warren describe the murder of a pregnant mother and the baby dies also?
Good question. She might say only one person was killed. But then she'd have to retrace her circular logic and say since the mother had the right to have the baby then the baby's life did have value. Then to get out of that pinch she'd probably say that's not contradictory to individual morals versus the moral community
99
Warren aruges that her posiion about fetuses doesn't apply to newborns because
They have value and somoene would want the baby. The same can be said about a fetus, but she backtracks and says the mother's rights overrule that.
100
lex talionis means
Law of retaliation, ie eye for an eye
101
ceteris parabis means
All things being equal
102
Who wants to pin it on you and why?
Lois Pineau who says non-consent can be unspoken and if a woman really didn't enjoy or want to have sex deep down the man is automatically an aggressor and a date rapist
103
Pineau's main points
The current construct of sex is often aggressive and consent implied UNLESS there's loud oposition which isn't right - a woman may be unconsenting anyway and the guy should pick up on that - his job to read her mind
104
Pineau thinks this about men
They all have selfish interests unconcerned for woman's pleasure
105
How does Pineau tie in Kant
Focusing on the ends - sex by the man - is wrong, only focused on the person through communication and awareness is moral
106
Whose idea is "sensual ends"?
Lois Pineau
107
What does Pineau call "morally pernicious"?
A conquest mentality
108
The requirement of mutuality (Pineau) says
we must take a communicative approach to discover the ends of the other
109
Porn: 1996 saw the
World Congress Against Sexual Exploitation of Children
110
Word "porn" means
Greek for prostitute
111
Graphy means to
Write - Greek
112
Main definition of porn is
Sexually explicit material with primary purpose of sexual stimulation
113
The LAPS test looks for
Literary, Artistic, Political, Scientific value when determining obscenity. It came about in 1973 in the Miller case
114
Coercion is
Critical to determine legality and morality
115
Key question about porn with respect to the law is
Should it be regulated
116
Liberty Limiting Principles consist of
The HARM principle - does it do harm to an individual?
The SOCIAL HARM principle - does it harm society?
The OFFENSE harm principle - - is it offensive to too many people?
The LEGAL PATERNALISM principle - should it be prevented to protect people from themselves?
LEGAL MORALISM - is it a threat to morality?
117
"Patently offensive" applies to
OFFENSIVE HARM principle
118
What are seatbelts and motorcycle helments an example of
Legal Paternalism which means protecting people from themselves
119
Religious group who exemplified legal moralism
The Puritans
120
Which Liberty Limiting Principles does pornography get debated against?
All of them. Bad for people so protect them from themselves under legal paternalism. Bad for society so protect under social harm principle. Bad for morals so protect under Legal Moralism. Causes harm so apply Harm principle.
121
Authors of the Ordinance
Andrea Dworkin
Catharine MacKinnon
122
Who shot down the Ordinance and when?
Courts in Indanapolis in 1984
123
Basis for the Ordinance
Women of all walks of life being harmed, undermines equality
124
Name of Dworkin's speech and who it was given to and when
"Pornography Happens", Univ of Chicago law school 1993
125
According to Dworkin, what does porn do to women?
Objectifies, humiliates, insults, is also an act of cruelty. Causes social degradation which leads to inequality in the workplace.
126
Dworkin says men use sex to do what to women?
Hurt them and break down barriers to women's bodies
127
According to Dworkin, what is a sadism?
A dynamic of every form of hate speech.
128
Dworkin says porn and its effects creates a
whole class of people intended to exist to provide pleasure and superiority to another class of people
129
Three specific things Dworkin calls attention to
1) Pornographers use women's bodies for their language which is wrong
2) Those who protect porn act as though women are chattel/property
3) Porn preys on the disenfranchised
130
WHat did Martha Nussbaum write about?
Objectification
131
What are Nussbaum's 7 notions of objectification?
Controlling autonomy
Violabiility
Fungibility
Inertness
Instrumentality
Ownership
Denial of subjectivity
132
Nussbaum says in the matter of objectiification
Context is everything
133
Richard Scuton (hint "scrotum") wrote
An eloguent treatment exploring persons as sex partners
134
Nussbaum said Dworkin and Mackinnon disregard this
Context because they are a political movement and don't want to dabble in the details
135
What did Ann Garry write?
Sex, Lies and Details which was about the early anti-porn movement
136
Feminist unlikely allies in the early anti-porn movement
Religious political figures who were against it on moral grounds and perhaps social
137
Who said "porn is the graphic sexually explicit subordination of women?
Dworkin and McKinnon
138
Some feminists argue that porn is a form of
Hate speech that lies about or defames women
139
Is Garry interested in legal assignations of porn?
No, only moral unlike Dworkin and MacKinnon
140
An irony Garry points out is
Feminists wanted a sexual revolution where they could shift from being subordinate to men who were the only sexually empowered ones to being worried about sexual objectification
141
Does Garry think all sex is dirty and how does that affect views on porn?
She doesn't, and doesnt' think most people find it actually dirty. But people conflate sex with harm and therefore women can be seen as having been harmed or "ruined"
142
Key Garry point about the connection between sex and objectification
We conflate sex with harm which then makes it bad to think of women as sex objects
143
Linguistic evidence we connect sex with harm
"Screw" someone sexually or in a way that harms them otherwise
144
Garry argues this about classes of women
Good and bad classes don't actually exist any more than groups of men don't exist based on how much sex they have had or who has "screwed" them
145
Garry's recommendation for how to help these problems related to porn
Make porn more gender neutral. meaning not male dominated, take out the harm intonations, discontinue objectification
146
What does Robert Stoller think?
There's a link between sexual excitement and and a wish to harm someone even if subtle
147
What did GL Simons write?
Porn Without Prejudice
148
What are GL Simon's main points?
Porn can have beneficial aspects ie normal development, getting certain people to vicariously experience what they might do in actuality. Also it can be enjoyable.
149
What are some defenses of porn raised by GL Simons?
Other institutions are imperfect but allowed to exist ie religion, same with products ie alcohol, no proof of psyche damage.
150
What did Chesser say about a benefit of porn?
The desire to hurt is satisfied passively
151
Dworking said this about porn as an institution
It's the new institution of social control, a use of terrorism against all women. She also invokes prior opression of women: marriage, no right to vote, property under the law
