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The Routledge Handbook of Neuroethics offers the reader an informed
view of how the brain sciences are being used to approach,
understand, and reinvigorate traditional philosophical questions,
as well as how those questions, with the grounding influence of
neuroscience, are being revisited beyond clinical and research
domains. It also examines how contemporary neuroscience research
might ultimately impact our understanding of relationships,
flourishing, and human nature. Written by 61 key scholars and fresh
voices, the Handbook's easy-to-follow chapters appear here for the
first time in print and represent the wide range of viewpoints in
neuroethics. The volume spotlights new technologies and historical
articulations of key problems, issues, and concepts and includes
cross-referencing between chapters to highlight the complex
interactions of concepts and ideas within neuroethics. These
features enhance the Handbook's utility by providing readers with a
contextual map for different approaches to issues and a guide to
further avenues of interest. Chapter 11 of this book is freely
available as a downloadable Open Access PDF under a Creative
Commons Attribution-Non Commercial-No Derivatives 3.0 license.
https://www.routledgehandbooks.com/doi/10.4324/9781315708652.ch11
Since 2013, an organization called the Nonhuman Rights Project has
brought before the New York State courts an unusual request-asking
for habeas corpus hearings to determine whether Kiko and Tommy, two
captive chimpanzees, should be considered legal persons with the
fundamental right to bodily liberty. While the courts have agreed
that chimpanzees share emotional, behavioural, and cognitive
similarities with humans, they have denied that chimpanzees are
persons on superficial and sometimes conflicting grounds.
Consequently, Kiko and Tommy remain confined as legal "things" with
no rights. The major moral and legal question remains unanswered:
are chimpanzees mere "things", as the law currently sees them, or
can they be "persons" possessing fundamental rights? In Chimpanzee
Rights: The Philosophers' Brief, a group of renowned philosophers
considers these questions. Carefully and clearly, they examine the
four lines of reasoning the courts have used to deny chimpanzee
personhood: species, contract, community, and capacities. None of
these, they argue, merits disqualifying chimpanzees from
personhood. The authors conclude that when judges face the choice
between seeing Kiko and Tommy as things and seeing them as
persons-the only options under current law-they should conclude
that Kiko and Tommy are persons who should therefore be protected
from unlawful confinement "in keeping with the best philosophical
standards of rational judgment and ethical standards of justice."
Chimpanzee Rights: The Philosophers' Brief-an extended version of
the amicus brief submitted to the New York Court of Appeals in
Kiko's and Tommy's cases-goes to the heart of fundamental issues
concerning animal rights, personhood, and the question of human and
nonhuman nature. It is essential reading for anyone interested in
these issues.
Disorders of Consciousness (DoCs) raise difficult and complex
questions about the value of life for persons with impaired
consciousness, the rights of persons unable to make medical
decisions, and our social, medical, and ethical obligations to
patients whose personhood has frequently been challenged and
neglected. Recent neuroscientific discoveries have led to enhanced
understanding of the heterogeneity of these disorders, and focused
renewed attention on the medical and ethical problem of
misdiagnosis. This book examines the entanglement of epistemic and
ethical uncertainty in DoCs and other medical contexts, and how
they interact to create both epistemic and ethical risks.
Philosopher and bioethicist L. Syd M Johnson pulls together
multiple threads in this work: the ontological mysteries of
consciousness, medical uncertainty about unconsciousness, ableist
bias, withdrawal of treatment in neurointensive care, and the
rarely questioned view that consciousness is essential to
personhood and moral status. Johnson challenges longstanding
bioethical dogmas about DoC patients, and argues for an ethics of
uncertainty for contexts where there is a need for decisive action
in the presence of unavoidable uncertainty. The ethics of
uncertainty refocuses ethical inquiry concerning persons with DoCs,
placing less emphasis on their contested personhood, and more on
inductive risk and uncertainty, on respect for autonomy, and
especially on epistemic justice. With applications to various
decisional contexts where uncertainty and ethical risk interact,
this ethical approach enables surrogate decision makers facing
fraught and risky choices to fulfill their obligations as moral and
epistemic agents.
Since 2013, an organization called the Nonhuman Rights Project has
brought before the New York State courts an unusual request-asking
for habeas corpus hearings to determine whether Kiko and Tommy, two
captive chimpanzees, should be considered legal persons with the
fundamental right to bodily liberty. While the courts have agreed
that chimpanzees share emotional, behavioural, and cognitive
similarities with humans, they have denied that chimpanzees are
persons on superficial and sometimes conflicting grounds.
Consequently, Kiko and Tommy remain confined as legal "things" with
no rights. The major moral and legal question remains unanswered:
are chimpanzees mere "things", as the law currently sees them, or
can they be "persons" possessing fundamental rights? In Chimpanzee
Rights: The Philosophers' Brief, a group of renowned philosophers
considers these questions. Carefully and clearly, they examine the
four lines of reasoning the courts have used to deny chimpanzee
personhood: species, contract, community, and capacities. None of
these, they argue, merits disqualifying chimpanzees from
personhood. The authors conclude that when judges face the choice
between seeing Kiko and Tommy as things and seeing them as
persons-the only options under current law-they should conclude
that Kiko and Tommy are persons who should therefore be protected
from unlawful confinement "in keeping with the best philosophical
standards of rational judgment and ethical standards of justice."
Chimpanzee Rights: The Philosophers' Brief-an extended version of
the amicus brief submitted to the New York Court of Appeals in
Kiko's and Tommy's cases-goes to the heart of fundamental issues
concerning animal rights, personhood, and the question of human and
nonhuman nature. It is essential reading for anyone interested in
these issues.
The Routledge Handbook of Neuroethics offers the reader an informed
view of how the brain sciences are being used to approach,
understand, and reinvigorate traditional philosophical questions,
as well as how those questions, with the grounding influence of
neuroscience, are being revisited beyond clinical and research
domains. It also examines how contemporary neuroscience research
might ultimately impact our understanding of relationships,
flourishing, and human nature. Written by 61 key scholars and fresh
voices, the Handbook's easy-to-follow chapters appear here for the
first time in print and represent the wide range of viewpoints in
neuroethics. The volume spotlights new technologies and historical
articulations of key problems, issues, and concepts and includes
cross-referencing between chapters to highlight the complex
interactions of concepts and ideas within neuroethics. These
features enhance the Handbook's utility by providing readers with a
contextual map for different approaches to issues and a guide to
further avenues of interest. Chapter 11 of this book is freely
available as a downloadable Open Access PDF under a Creative
Commons Attribution-Non Commercial-No Derivatives 3.0 license.
https://www.routledgehandbooks.com/doi/10.4324/9781315708652.ch11
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