Patrick Lee

The present essay takes up matters discussed by Robert Pasnau in his response to our previous criticism of his account of Aquinas's view of when a foetus acquires a human soul. We are mainly concerned with metaphysical and biological issues and argue that the kind of organization required for ensoulment is that sufficient for the full development of a human being, and that this is present from conception. We contend that in his criticisms of our account Pasnau fails clearly to distinguish first, between a passive potentiality and an active capacity; second, between having a power intrinsically and being an instrumental agent of that which has it intrinsically; third, between per accidens and per se causal series; and fourth, between sense cognition and conceptual thought. We conclude that philosophy and embryology support the position that human beings exist from the point of conception

I develop and refine an argument for the total brain death criterion of death previously advanced by Germain Grisez and me: A human being is essentially a rational animal, and so must have a radical capacity for rational operations. For rational animals, conscious sensation is a pre-requisite for rational operation. But total brain death results in the loss of the radical capacity for conscious sensation, and so also for rational operations. Hence, total brain death constitutes a substantial change—the ceasing to be of the human being. Objections are considered, including the objection that total brain death need not result in the loss of capacity for sensation, and that damage to the brain less than total brain death can result in loss of capacity for rational operations

D. Alan Shewmon has advanced a well-documented challenge to the widely accepted total brain death criterion for death of the human being. We show that Shewmon's argument against this criterion is unsound, though he does refute the standard argument for that criterion. We advance a distinct argument for the total brain death criterion and answer likely objections. Since human beings are rational animals – sentient organisms of a specific type – the loss of the radical capacity for sentience involves a substantial change, the passing away of the human organism. In human beings total brain death involves the complete loss of the radical capacity for sentience, and so in human beings total brain death is death

In various places we have defended the position that a new human organism, that is, an individual member of the human species, comes to be at fertilization, the union of the spermatozoon and the oocyte. This individual organism, during the ordinary course of embryological development, remains the same individual and does not undergo any further substantial change, unless monozygotic twinning, or some form of chimerism occurs. Recently, in this Journal Jason Morris has challenged our position, claiming that recent findings in reproductive and stem cell biology have falsified our view. He objects to our claim that a discernible substantial change occurs at conception, giving rise to the existence of a new individual of the human species. In addition, he objects to our claim that the embryo is an individual, a unified whole that persists through various changes, and thus something other than a mere aggregate of cells. Morris raises a number of objections to these claims. However, we will show that his arguments overlook key data and confuse biological, metaphysical, and ethical questions. As a result, his attempts to rebut our arguments fail

Profoundly important ethical and political controversies turn on the question of whether biological life is an essential aspect of a human person, or only an extrinsic instrument. Lee and George argue that human beings are physical, animal organisms - albeit essentially rational and free - and examine the implications of this understanding of human beings for some of the most controversial issues in contemporary ethics and politics. The authors argue that human beings are animal organisms and that their personal identity across time consists in the persistence of the animal organisms they are; they also argue that human beings are essentially rational and free and that there is a radical difference between human beings and other animals; criticize hedonism and hedonistic drug-taking; present detailed defenses of the prolife positions on abortion and euthanasia; and defend the traditional moral position on marriage and sexual acts.

I reply to an article in the ACPA Proceedings of 2001 by John Crosby in which he challenged the position that evil as such is a privation. Each of his arguments attempts to present a counterexample to the privation position. His first argument, claiming that annihilation is evil but not a privation, fails to consider that a privation need not be contemporaneous with the subject suffering the privation. Contrary to his second argument, I explain that the repugnance of pain is consistent with its being good in the appropriate context. Against his third argument I contend that he mistakenly supposes that a choice’s being opposed to the good is incompatible with its being evil because of a disorder. I conclude by briefly reviewing one central argument for the privation position and contrast it with Crosby’s arguments, which, in addition to their other problems, fail to specify any intensional content, beyond repugnance in the case of pain, for the concept of evil.